Military Sealift Command Combined Synopsis and Solicitation Notice Information

 

1.                   This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

 

2.                   Solicitation number is N3220519Q4035 and is being issued as a Request for Quotes (RFQ).

 

3.                   The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2005-101 Effective 26 OCT 2018, DFARS DPN 20180928, Effective 26 OCT 2018, and NMCARS Current to 18-03, Effective 16 OCT 2018 located on https://www.acquisition.gov

 

4.            The associated NAICS code is 333613 and the associated PSC code is 2090 for this procurement: NOTE: A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.

 

 is not being set-aside for small businesses.

               

 is being set-aside for small business.  The small business size standard is 750.

 

5.                         Military Sealift Command intends to procure various STBD ME Clutch Coupling parts for the USNS Guadalupe, on a brand name basis.  See attached Justification.

 

The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:

 

USNS GUADALUPE (T-AO 200)
CLIN	PART NUMBER	DESCRIPTION	QUANTITY	UNIT OF MEASURE
0001	307291	MOUNTING FLANGE O RING	1	EA
0002	000153X1234	FELT SEAL	1	EA
0003	000153X1266	BELLEVILLE WASHERS FOR FLYWHEEL BOLTS	16	EA
0004	146500BT	RELEASE SPRINGS	2	EA
0005	146500CV	FRICTION SHOE ASSEMBLIES	2	EA
0006	000073X0023	1 ID X 1/8 CROSSCUT O RINGS	2	EA
0007	000074X0106	SEAMLESS AIR LINE (LONG)	4	EA
0008	000077X0007	RUBBER AIR ACTUATION TUBE PIPE PLUGS	4	EA
0009	000090X0010	1” PIPE COUPLING	2	EA
0010	000092X0010	90 DEGREE 1” PIPE ELBOWS	4	EA
0011	412178-08	SEAMLESS AIR LINE (SHORT)	4	EA
0012	307312-01	FLAT HARDENED WASHERS	24	EA
0013	000110X0035	1 ½ LOCK NUTS (FOR GFL/SPACER/SPLINE & BEARING HUB TO GFL)	32	EA
0014	307312-02	HARDENED FLAT WASHERS	32	EA
0015	000067X0009	HARDENED WASHERS FOR BEARING RETAINER PLATE	6	EA

 

6.             The Government intends on awarding a Firm-Fixed Price contract for the aforementioned parts.

 

7.             The required delivery is FOB Destination and acceptance date is 24 June 2019. Delivery and acceptance will occur at the following address:

 

                Military Sealift Command, SSU San Diego

BLAKE NAM

N40443 MSC BATS Warehouse

9284 Balboa Ave

San Diego, VA 92123

 

8.             The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is incorporated by reference.   The provision is amended as follows:

 

                52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

 

                a.             Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.

 

                b.             After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

 

                c.             The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively.   Further, the term “award” shall be understood to describe the Government’s issuance of an order.

 

                d.             The Government will consider all quotes that are timely received and may consider late quotes. Failure of a quote to address any items required in the submission package may make a quote unacceptable.

 

                e.             Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:

 

                In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:

                Responsible sources shall provide the following:

1.                   Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price

2.                   Total Firm Fixed price

3.                   Any Discount Terms

4.                   Estimated time of delivery

5.                   Technical Submission Requirements

a.                    For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule.

6.                   Responses to the solicitation are due December 19, 2018 no later than 12:00 p.m. local time, Norfolk, Virginia.   Quotes may be e-mailed to [email protected]. To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion.   Please reference the solicitation number on your quote.

                Primary Point of Contact: Kimberly Robinson, (757-443-5707) [email protected]

                The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1.   Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.

9.                   Provision 52.212-2 Evaluation—Commercial Items (Oct 2014) applies to this acquisition. 

Award will be made in accordance with FAR Part 13 to a responsible quoter who provides a technically acceptable solution at a fair market price and who has acceptable past performance.

 

(a) The Government may award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

 

                (i) technical capability of the item offered to meet the Government requirement;

 

                (ii) price;

 

                (iii) past performance

Award shall be made to the lowest priced technically acceptable offeror in LPTA solicitations.

To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation.  To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation.   The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met. 

 

If utilized, a past performance evaluation will be conducted in accordance with FAR 13.106-2(b)(3)(ii)(C).   The Government intends to utilize the Government Wide Past Performance Information Retrieval System (PPIRS) for past performance evaluations as a basis for anticipating successful/unsuccessful performance on this required effort.  To be considered acceptable for past performance, a search of the PPIRS must reveal no negative past performance information for the recent and relevant records.   In the event there are no recent and/or relevant PPIRS records, the quoter may submit information on recent and relevant subcontracts and/or commercial contracts. If no recent and relevant contracts are available in PPIRS or submitted by the offeror, the quoter’s past performance record shall be considered “unknown.”   In the context of acceptable or unacceptable, “unknown” past performance shall be considered “acceptable.”   To be considered recent, the effort must either still be in progress or have been completed within the previous three (3) years from date of this draft award notice.   To be considered relevant the record should be similar in terms of complexity, scope, and magnitude.   “Scope” is defined as experience in areas defined in the SOW. “Magnitude” is defined as the measure of similarity of the volume, dollar value, and/or duration of work actually performed under the quoter’s submitted contracts to the SOW. At the quoter’s discretion, additional past performance information may be submitted with the quote as a supplement to PPIRS.   If furnished, this submission will be evaluated in accordance with the procedures described above. 

 

The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3. 

 (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror by the Government within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

10.               All Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items with its offer.

11.          Clause 52.212-4 Contract Terms and Conditions – Commercial items, applies to this acquisition. Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions.  Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

12.          Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition along with the following FAR Clauses cited in the clause are applicable.

Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Deviation 2018 O0021)(SEP 2018))

 

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

 

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware,

 

Software, and Services Developed or Provided by Kaspersky Lab and

 

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

 

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

 

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

 

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

 

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

 

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

 

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

 

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

 

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

 

___ (5) [Reserved]

 

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

 

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

 

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

 

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

 

___ (10) [Reserved]

 

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

 

___ (ii) Alternate I (Nov 2011) of 52.219-3.

 

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

 

___ (ii) Alternate I (Jan 2011) of 52.219-4.

 

___ (13) [Reserved]

 

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

 

___ (iii) Alternate II (Nov 2011).

 

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

 

___ (ii) Alternate I (Oct 1995) of 52.219-7.

 

___ (iii) Alternate II (Mar 2004) of 52.219-7.

 

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

 

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

 

___ (ii) Alternate I (Nov 2016) of 52.219-9.

 

___ (iii) Alternate II (Nov 2016) of 52.219-9.

 

___ (iv) Alternate III (Nov 2016) of 52.219-9.

 

___ (v) Alternate IV (Aug 2018) of 52.219-9.

 

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

 

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

 

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

 

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

 

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

 

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

 

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

 

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

 

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

 

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

 

XX (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

 

___ (ii) Alternate I (Feb 1999) of 52.222-26.

 

___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

 

___ (ii) Alternate I (July 2014) of 52.222-35.

 

XX (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

 

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

 

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

 

XX (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

 

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

 

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

 

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

 

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

 

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

 

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

 

___ (38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

 

___ (ii) Alternate I (Oct 2015) of 52.223-13.

 

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

 

___ (ii) Alternate I (Jun 2014) of 52.223-14.

 

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

 

___ (41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

 

___ (ii) Alternate I (Jun 2014) of 52.223-16.

 

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

 

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

 

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

 

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

 

___ (ii) Alternate I (Jan 2017) of 52.224-3.

 

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

 

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

 

___ (ii) Alternate I (May 2014) of 52.225-3.

 

___ (iii) Alternate II (May 2014) of 52.225-3.

 

___ (iv) Alternate III (May 2014) of 52.225-3.

 

___ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

 

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

 

___ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

 

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

 

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

 

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

 

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

 

XX (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

 

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

 

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

 

___ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

 

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

 

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

 

___ (ii) Alternate I (Apr 2003) of 52.247-64.

 

___ (iii) Alternate II (Feb 2006) of 52.247-64.

 

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

 

[Contracting Officer check as appropriate.]

 

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

 

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

 

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

 

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

 

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

 

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

 

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

 

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

 

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

 

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

 

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

 

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

 

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

 

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

 

(e)

 

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

 

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

 

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

 

(iii) 52.204-23, Prohibition on Contracting for Hardware,

 

Software, and Services Developed or Provided by Kaspersky Lab and

 

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

 

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

 

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

 

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

 

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

 

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

 

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

 

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

 

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

 

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

 

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

 

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

 

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

 

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

 

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

 

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

 

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

 

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

 

(B) Alternate I (Jan 2017) of 52.224-3.

 

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

 

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

 

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

 

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

 

(End of Clause)

 

The following additional FAR and DFARS clauses are applicable to this acquisition:

 

Number	Title	Date
52.204-18	Commercial and Government Entity Code Maintenance	Jul-16
52.211-6	Brand Name or Equal	Aug-99
52.232-40	Providing Accelerated Payments to Small Business Subcontractors	Dec-13
252.203-7000	Requirements Relating To Compensation Of Former Dod Officials	Sep-11
252.204-7012	Safeguarding Covered Defense Information And Cyber Incident Reporting	Oct-16
252.204-7015	Notice Of Authorized Disclosure Of Information For Litigation Support	May-16
252.211-7003	Item Unique Identification And Valuation	Mar-16
252.211-7008	Use Of Government-Assigned Serial Numbers	Sep-10
252.213-7000	Notice To Prospective Suppliers On Use Of Supplier Performance Risk System In Past Performance Evaluations	Mar-18
252.223-7008	Prohibition Of Hexavalent Chromium	Jun-13
252.225-7001	Buy American And Balance Of Payments Program—Basic	Dec-17
252.225-7002	Qualifying Country Sources As Subcontractors	Dec-17
252.232-7003	Electronic Submission Of Payment Requests And Receiving Reports	Jun-12
252.232-7010	Levies On Contract Payments	Dec-06
252.244-7000	Subcontracts For Commercial Items And Commercial Components	Jun-13
252.246-7003	Notification Of Potential Safety Issues	Jun-13
252.247-7023	Transportation Of Supplies By Sea	Apr-14

 

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

 

(a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

 

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.

 

(End of provision)

252.209-7010 CRITICAL SAFETY ITEMS (AUG 2011)

(a) Definitions.

“Aviation critical safety item” means a part, an assembly, installation equipment, launch equipment, recovery equipment, or support equipment for an aircraft or aviation weapon system if the part, assembly, or equipment contains a characteristic any failure, malfunction, or absence of which could cause—

(i) A catastrophic or critical failure resulting in the loss of, or serious damage to, the aircraft or weapon system;

(ii) An unacceptable risk of personal injury or loss of life; or

(iii) An uncommanded engine shutdown that jeopardizes safety.

“Design control activity” means—

(i) With respect to an aviation critical safety item, the systems command of a military department that is specifically responsible for ensuring the airworthiness of an aviation system or equipment, in which an aviation critical safety item is to be used; and

(ii) With respect to a ship critical safety item, the systems command of a military department that is specifically responsible for ensuring the seaworthiness of a ship or ship equipment, in which a ship critical safety item is to be used.

“Ship critical safety item” means any ship part, assembly, or support equipment containing a characteristic, the failure, malfunction, or absence of which could cause—

(i) A catastrophic or critical failure resulting in loss of, or serious damage to, the ship; or

(ii) An unacceptable risk of personal injury or loss of life.

(b) Identification of critical safety items. One or more of the items being procured under this contract is an aviation or ship critical safety item. The following items have been designated aviation critical safety items or ship critical safety items by the designated design control activity:

MSC CRITICAL SHIP SYSTEM AND EQUIPMENT
1	Main Propulsion Diesel Engines/Main Propulsion Motors/Gas Turbine Engines
2	Ship Service Diesel Engines/Ships Service Turbine Generators
3	High Pressure/Low Pressure Propulsion Turbines
4	Emergency Diesel Generator
5	Propulsion/Machinery Control System
6	Main Propulsion and Turbine Generator Reduction Gear
7	Propulsion Shafting, Bearings and Couplings
8	Controllable Pitch Propeller System
9	Stern Tube Seal System
10	Steering Gear Control Systems (not hydraulics)
11	ECDIS (Electronic Chart Display Information System)
12	Fixed Fire Extinguishing Systems/Fire Detection Systems (Note:  ABS “Recognized External Specialist” documentation shall suffice for Fire Extinguishing System qualified service providers.)
13	Oily Water Separator/Oil Content Monitor
14	Mission Equipment {Vehicle Ramps; Cargo Cranes; Cargo Hold WT Doors and Ramps} (structural, electronics, and hydraulic control systems; not hydraulic components and hoses, and other common components)

(c) Heightened quality assurance surveillance. Items designated in paragraph (b) of this clause are subject to heightened, risk-based surveillance by the designated quality assurance representative.

(End of clause)

252.225-7000 BUY AMERICAN—BALANCE OF PAYMENTS PROGRAM CERTIFICATE—BASIC (NOV 2014)

 

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying country,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the Buy American and Balance of Payments Program—Basic clause of this solicitation.

 

(b) Evaluation. The Government—

 

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

 

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

 

(c) Certifications and identification of country of origin.

 

(1) For all line items subject to the Buy American and Balance of Payments Program—Basic clause of this solicitation, the offeror certifies that—

 

(i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and

 

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

 

(2) The offeror certifies that the following end products are qualifying country end products:

 

 Line Item Number

 

   Country of Origin

 

   

 (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of “domestic end product”:

 

 

 

Line Item Number

   

Country of Origin (If known)

                  

 

(End of provision)

 

252.232-7006       WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

 

(a) Definitions. As used in this clause--

 

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

   

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

   

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

   

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission

of Payment Requests and Receiving Reports.

   

(c) WAWF access. To access WAWF, the Contractor shall--

   

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

   

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

   

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

   

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

   

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

   

(1) Document type. The Contractor shall use the following document type(s).

 

Invoice

   

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

 

Government

                                                

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the

system.

 

Routing Data Table*

--------------------------------------------------------------------------------------------

Field Name in WAWF                                        Data to be entered in WAWF

--------------------------------------------------------------------------------------------

Pay Official DoDAAC                                        N32205

Issue By DoDAAC                                              ____

Admin DoDAAC                                                 ____

Inspect By DoDAAC                                          ____

Ship To Code                                                       N62387

Ship From Code                                                  ____

Mark For Code                                                    ____

Service Approver (DoDAAC)                           ____

Service Acceptor (DoDAAC)                            ____

Accept at Other DoDAAC                                 ____

LPO DoDAAC                                                     ____

DCAA Auditor DoDAAC                                  ____

Other DoDAAC(s)                                               ____

--------------------------------------------------------------------------------------------

   

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

   

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

 

Not Applicable

   

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

 

[email protected]

   

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

 

(End of clause)

 

 

13.          The following additional information is applicable to this acquisition:

 

MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS (AUG 2012)

 

The information contained in this instruction is supplemental to DFARS 252.232-7006.

 

The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only.  Information included in DFARS 252.232-7006 and this WAWF instruction apply only to WAWF Invoicing and WAWF Receiving Reports.  Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.

 

When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006.  Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, "Leave Blank." 

 

In some situations, the WAWF system will pre-populate the "Pay DoDAAC," "Admin By DoDAAC" and "Issue By DoDAAC." The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS 252.232-7006.  If these DoDAACs do not match, then the Contractor shall correct the field(s).

 

If Receiving Reports are required, ensure that the "Inspection" and "Acceptance" defaults of "destination" for both fields are not changed in the WAWF online interface.

 

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00).   The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document.   The Contractor shall bill to the lowest level, e.g., the SubCLIN level.  The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.

 

Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the "Send More Email Notifications" link that appears on the page.  The Contractor shall click on this link and add the Technical Point of Contact's (TPOC) or Contracting Officer's Representative's (COR) email address in the first email address block and add any other additional email addresses desired in the following blocks.  This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.

 

WOOD PACKAGING MATERIAL (WPM) - ADDITIONAL DELIVERY INSTRUCTIONS

 

In accordance with the requirements of International Standards for Phytosanitary Measures (ISPM) 15, the following commercial heat treatment process has been approved by the American Lumber Standards Committee (ALSC) and is required for all Wood Packaging Material (WPM).  WPM is defined as wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frames, and cleats.  Packaging materials exempt from the requirements are materials that have undergone a manufacturing process such as corrugated fiberboard, plywood, particleboard, veneer and oriented strand board.  All WPM shall be constructed from Heat Treated (HT to 56 degrees Centigrade for 30 minutes) lumber and certified by an accredited agency recognized by the ALSC in accordance with Wood Packaging Material Policy and Wood Packaging Material Enforcement Regulations (see URL: http://www.alsc.org). All materials must include certification markings in accordance with ALSC standards and be placed in an unobstructed area that will be readily visible to inspectors.  Pallet markings shall be applied to the stringer or block on diagonally opposite sides and ends of the pallet and be contrasting and clearly visible.  All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved "DUNNAGE" stamp.  Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry.

 

SHIP & BASE ACCESS

 

Vendors are responsible for correctly submitting forms/applications.  Vendors are encouraged to monitor email using “Request a Read Receipt” function and to confirm receipt of facsimile transmissions. 

 

Due to enhanced security measures, ship and base access is required for pre-award ship visits (e.g. ship-check) and for contract performance.  Specifically, the following permissions are required:

 

1. Base/Repair Facility Access Request

2. Vehicle Access Request

3. Ship Access List (vendor-provided)

 

All forms are available for download on the MSC contracts webpage at http://www.msc.navy.mil.  Click on “Contracts” in the upper right corner.  Click on “Online Library of Common Documents” for all forms.

 

Base/Repair Facility Access:  Permit is required to access Navy facilities.  Base/Repair Facility Access Request is desired seven days prior to ship check or performance start date.  Submit forms per the document instruction and to the Port Engineer. 

 

Defense Biometric Identification System (DBIDS) is being implemented for access to DoD facilities in CONUS, HI, Guam and Puerto Rico (replaces RapidGate).  Vendor is responsible to acquire DBIDS credentials prior to performance start date.  Delays that may result from inadequate planning are contractor responsibility.  Vendor instructions and program information is available at https://www.cnic.navy.mil/om/dbids.html.  DBIDS credentials require (in succession) (1) Present a letter or official document from the Government sponsoring organization that provides the purpose for your access, (2) Present valid identification, such as a passport or Real ID Act-compliant state driver's license, (3) Present a completed copy of the SECNAV 5512/1 form to obtain your background check, (4) Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments, and (5) After all of this is done, the contractor will be provided with the DBDIS credential.  For vendors with existing Navy Commercial Access Control System (NCACS) cards, see https://www.cnic.navy.mil/om/dbids.html forinstructions to obtain DBIDS credentials.  Vendor is responsible to confirm that each employee held DBIDS credentials are active for the specific facility and performance period in accordance with DBIDS.

 

Additional access permissions may be required in the future.

 

Vehicle Access:  Required for vehicle access to Navy facilities.  Follow supplemental instructions on Base Access forms or base-specific vehicle access forms.

 

Ship Access List* (Vendor-Provided):  On company letterhead attachment via email, the vendor is required to provide the ship master (courtesy copy the Port Engineer) with an accurate, current list of performing personnel prior to being admitted aboard the vessel.  Under no circumstances will a hand-delivered list be accepted.

 

T-AKE email address:      MASTER@AKE#.NAVY.MIL

(example:  [email protected], where “8” is the hull number).

All other hulls address:     [email protected]

(example:  [email protected]).

 

MSC DELIVERY INSTRUCTIONS – San Diego, California

 

Contractor shall clearly mark each package for shipment with the following information: 

        

Mark for: USNS GUADALUPE (T-AO 200)

REQN: N2185683334001

SHIP TO:

Military Sealift Command San Diego

MSC BATS Warehouse

9284 Balboa Ave

San Diego, CA 92123

Attn: BLAKE NAM

Ph: 619-553-6053

 

14.          This solicitation does not have a Defense Priorities and Allocation System (DPAS) rating.

 

15.          Quotes may be only e-mailed directly to [email protected] the sole designated E-mail address and inbox for receipt of E-mail submissions.  No other electronic means of submission, used in whole or in combination with E-mail, is permitted.  No other method of submission is acceptable.

 

E-mail quotes shall be in either Adobe or Microsoft Office format.  Quoters are advised that the Government may be unable to receive other types of electronic files (e.g., .zip files) or files in excess of 20 megabytes.  To be timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission.

                               

Access to the Naval Base and MSC offices is restricted.  Quoters, couriers, and delivery services may encounter unpredictable and lengthy delays or denied access when attempting to enter that facility.  Similarly, mailed and emailed quotes may encounter unpredictable and lengthy routing delays.  In all cases, quoters are responsible for the risks associated with the chosen delivery method and for ensuring the Government receives the complete quote at the appropriate designated location prior to the due date and time for quote submission.

 

16.          For additional information regarding this solicitation contact Kimberly Robinson at [email protected] or 757-443-5707.

 

 

Bid Protests Not Available