REPAIR / MAINT OF A FADL

T his is a special notice that Naval Special Warfare Group One, San Diego, CA, 92155 intends to award a Sole Source Firm Fixed Contract to Tinosa LLC, 6151 Progressive Ave, Unit 300, San Diego, CA 92154 under authority of 10 U.S.C. 2304(c)(1) as implemented by FAR 13.106-1(b). The repair services, as stated in the Statement of Work, are limited to a local authorized military Bauer Compressor sales/service center. This notice is not a request for offers, the contractor identified is the only known source for the subject requirement. Responses to the notice will be used to determine if bona fide competition exists only. Any such responses must be in writing and include technical and pricing information. The Government will not pay for any information submitted. All responses from responsible sources will be fully considered. A determination by the Government not to compete this procurement action, based on responses to this notice, is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. The applicable NAICS code is 238990 with a size standard of $14 MIL. Questions my be directed to [email protected] . Central Contractor Registration is required for all vendors doiong business with the Government. Solicitation number H92240-11-T-0134 is issued as a special notice. The solicitation document and incorporated provisions and clauses are those in effect through FAC 2005-50 effective April 15, 2011. This is a simplified acquisition for small business concerns using FSC: 4220 NAICS:238990, SIZE: $14.0 MIL Delivery is F.O.B Destination. STATEMENT OF WORK FOR RESTORING, MODIFYING AND REPAIR SERVICES OF A FLY AWAY DIVE LOCKER (FADL) 1. BACKGROUND: NSWG-3 provides a portable Fly Away Dive Locker to US Navy Divers and Special Operators worldwide so diving missions/operations can be conducted. The FADL provides sufficient consumables for continuous diving operations to support mission profiles. The FADL also provides space for pre/post-dive procedures and maintenance actions. 1.1 NSWG-3 to ensure the uninterrupted availability, completion of repairs, parts, and warranty work required on all NSWG-3 FADL. 1.2 NSWG-3 to ensure the repair and maintenance services for FADL are: 1.2.1 Provided by an authorized military Bauer Compressor Sales /Service center. 1.2.2 Materials and Parts used to repair the FADL components are in accordance with all manufacturer installation, maintenance and safety manuals. 2. OBJECTIVE 2.1 The objective for this requirement is to provide a contract for the purchase of labor, parts and materials to restore and modify the FADL to its required condition to include the following: 2.1.1 Remove existing Bauer HP Compressor Filtration System and replace with new Bauer P-5 Purification System. Perform all compressor maintenance in accordance with (IAW) Navy Maintenance Index Page ( MIP) Series 5921. Change all filters, replace V-belt, change compressor oil, test/set all relief valves, calibrate all pressure gauges, provide air sample with SAT result. 2.1.2 Provide labor, parts and material to restore, modify and repair the Air Compressor. 2.1.3 Provide labor, parts and material to restore, modify and repair t he Compressed Air System. 2.1.4 Provide labor parts and material to restore, modify and repair the Oxygen System. 3. SCOPE 3.1. The scope of this contract is for an authorized military Bauer Compressor Sales/Service center to conduct maintenance, restorations, and modifications to a FADL located at the Naval Amphibious Base, San Diego, CA. This procurement is restricted to companies authorized by Bauer Inc. to work on the components of the FADL to insure the integrity of the system can be held to Bauer specifications. Any deviations from the original specification could lead to catastraphroic and deadly consequences for the U.S navy divers who use the FADL as their only means of oxygen while conducting Military diving operations. 4. TASKS: 4.1 Pickup and delivery of FADL as described in section 5.1. 4.2 Perform all labor, parts and materials to fulfill NSWG3 FADL restoration, modification and repair requirements: 4.2.1 Bauer Air Compressor 4.2.1.1 Remove existing Bauer HP Compressor filtration and replace with new Bauer P- 5 Purification System. 4.2.1.2 Perform all compressor maintenance IAW MIP Series 5921. 4.2.1.3 Change all filters. 4.2.1.4 Replace V-Belt. 4.2.1.5 Change Compressor Oil. 4.2.1.6 Test/Set all Relief Valves. 4.2.1.7 Calibrate all Pressure Gauges. 4.2.1.8 Provide air sample with SAT result. 4.2.2 Compressed Air System. 4.2.2.1 Hydro test, prime and paint one (1) DOT 3AA cylinders. 4.2.2.2 Hydro test, sand blast. Prime and paint one (1) existing DOT 3AA cylinder. 4.2.2.3 Fabricate, proof tests (6,000 psig) and clean, IAW Mil Std 1330D, eight (8) hose assemblies. 4.2.2.3 Clean and calibrate three (3) Pressure Gauges 4.2.2.4 Test and set two (2) Relief Valves 4.2.2.5 Clean all Valves, Tubing and Fittings 4.2.2.6 Install new Air System 4.2.2.7 Leak check/ gas test all applicable equipment. 4.2.2.8 Provide complete test report/documentation as applicable. 4.2.3 Oxygen System 4.2.3.1 Hydro test, prime and paint (4) DOT 3AA cylinders. Replace existing A/C 4.2.3.2 Fabricate, proof tests (6,000 psig) and clean, IAW Mil STD 1330D, eight (7) hose assemblies. 4.2.3.3 Clean and calibrate three (3) Pressure Gauges 4.2.3.4 Test and set two (2) Relief Valves 4.2.3.5 Clean all Valves, Tubing and Fittings 4.2.3.6 Install new Oxygen System 4.2.2.7 Leak check/ gas test all applicable equipment. 4.2.2.8 Provide complete test report/documentation as applicable. 4.2.4 Replace exist A/C and Modify Wall Panel. 4.2.5 Modify existing "Butcher Block" Table to Stainless Steel. 5. PICK UP AND DELIVERY: 5.1 The contractor shall pick up and deliver the Fly Away Dive Locker to NSWG-3, 3400 Tarawa Rd Bldg 214 San Diego, and CA 92155. End of Statement of Work CLIN 0001: Oty 1 - Unit 1 LOT - Provide all Labor, Parts and Materials for Inspection, Maintenance and Repair Services for a FLY AWAY DIVE LOCKER (FADL) in accordance with the Statement of Work. A breakdown of total price is required as follows: The number of Labor Hours @ Hourly Rate List of Materials and pricing List of Parts and pricing Clauses 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Apr 2011) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (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: X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). X (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 (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). X (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). ___ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a). ___ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (9) [Reserved] X (10) (i) 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-6. ___ (iii) Alternate II (Mar 2004) of 52.219-6. ___ (11) (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. X (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ___ (13) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (14) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)). ___ (15) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (16) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (17) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (18) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). ___ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)). ___ (21) 52.219-29, Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011). ___ (22) 52.219-30, Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011). X (23) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (24) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). X (25) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (26) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (27) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). X (28) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). X (29) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). X (30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (31) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989 X (32) (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.) ___ (33) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (34) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. X (35) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (Sep 2010) (E.O. 13513). X (36) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). X (37) (i) 52.225-3, Buy American Act -Free Trade Agreements - Israeli Trade Act (Jun 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-301, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (Jan 2004) of 52.225-3. ___ (iii) Alternate II (Jan 2004) of 52.225-3. X ( 38) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq. , 19 U.S.C. 3301 note). X (39) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (40) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (41) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (42) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (43) 52.232.30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). X (44) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (45) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (46) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (47) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (48) (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. (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: X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq. ). X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq. ). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq .). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq. ). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq. ). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq. ). X (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). X (8) 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq .) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq .) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq. ) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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) CLAUSES INCORPORATED BY REFERENCE: FAR 52.202-1 Definitions (JUL 2004) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (SEP 2007) FAR 52.203-12 Limitations on Payments to Influence Certain Federal Transactions (SEP 2007) FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) FAR 52.209-5 Certification Regarding Responsibility Matters (DEC 2008) FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (APR 2008) FAR 52.212-1 Instructions to Offerors Commercial Items (JUN 2008) FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (AUG 2009) FAR 52.212-4 Contract Terms and Conditions Commercial Items (MAR 2009) or Executive Orders Commercial Items (DEC 2009) (DEVIATION) FAR 52.232-23 Assignment of Claims (JAN 1986) FAR 52.233-1 Disputes (JUL 2002) FAR 52.233-2 Service of Protest (SEP 2006) FAR 52.233-3 Protest After Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) FAR 52.252-5 Authorized Deviations in Provisions (APR 1984)) DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (NOV 2009) FAR 52.209-1 Qualification Requirements (FEB 1995) DFARS 252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS (JUN 2005) CLAUSES INCORPORATED BY FULL TEXT: Please note that due to the character limitations in FedBizOpps, full text of the Federal Acquisition Regulation (FAR) can be accessed on the Internet http://farsite.hill.af.mil/ All FAR representations and certifications shall be submitted through Online Representations and Certifications Application (ORCA) at https://orca.bpn.gov . USSOCOM FAR SUPPLEMENT 5652.209-9002 Use of Contractor Support/Advisory Personnel for Review of Proposals (2005) The offeror's attention is directed to the fact that contractor consultant/advisors to the Government will review and provide support during proposal evaluations. When appropriate, non-government advisors may have access to offeror's proposals and may be utilized to objectively review a proposal in a particular functional area and provide comments and recommendations to the Government's decision makers. They may not establish final assessments of risk, rate or rank offerors' proposals. All advisors shall comply with procurement Integrity Laws and shall sign Non-Disclosure and Rules of Conduct/Conflict of Interest statements. The Government shall take into consideration requirements for avoiding conflicts of interest and ensure advisors comply with safeguarding source selection and proprietary data. Submission of proposal in response to the solicitation constitutes approval to release the proposal to Government Support Contractors. USSOCOM FAR SUPPLEMENT 5652.209-9003 Use of Contractor Support/Advisory Personnel as Contract Specialists (2006) The contractor's attention is directed to the fact that contractor personnel may assist the Government in a contract administrator role for administration of this contract. Execution of this contract constitutes approval to release the contract and contractor's proposal to Government Support Contractors who have signed Non-Disclosure and Rules of Conduct/Conflict of Interest Statements.