This is a combined synopsis/solicitation for Commercial Items in accordance with the format prescribed in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are requested and a written solicitation will not be issued. The solicitation is being issued as a Request for Quote (RFQ); solicitation number is H92244-18-T-0081, and a firm fixed price contract is contemplated. This procurement is 100% small business set-aside and the associated North American Industry Classification System (NAICS) code is 212313 with a business size standard of 750 employees. The DPAS rating for this procurement is DO-C9. By submission of its quote, the vendor accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in a quote being excluded from competition and not evaluated any further. Vendors must clearly identify any exception to the solicitation and conditions and provide complete accompanying rationale. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97, effective 24 Jan 2018 and DFARS Change Notice 20180323. Participating vendors must be registered at www.sam.gov, as small businesses under the NAICS code listed above or provide self-certification with their quote. The Naval Special Warfare Command (NSWC) has a requirement to procure the following: Section B Schedule of Supplies and Services CLIN 0001 Crushed Granite, Gray (21A) Qty - 1000 tons CLIN 1001 Crushed Granite, Gray (21A) Qty - 500 tons OPTION CLIN 1002 Crushed Granite, Gray (21A) Qty - 500 tons OPTION FOB Destination Section C Specifications Crushed/recycled concrete also known as "crush-n-run" or crushed granite for use as road/hard pack area fill material. Material to be delivered is 17-20 ton increments based on dump truck size. Delivery shall be within 30 days after receipt of order. Place of Delivery: Virginia Beach, VA INFORMATION USE The contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor's organization any information, regardless of medium (e.g., film, tape, document, contractor's external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. Furthermore, the contractor is prohibited from using any Naval Special Warfare Command logos and /or other trademarked identifiers in any way without first receiving a specific license to do so. Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any information related to this contract shall be made without specific written authorization by the Contracting Office, other than that required for performance of the requirement. Following Clauses and Provisions apply to this procurement: FAR 52.209-6 Protecting the Governments Interest When Subcontracting With Contractors Debarred, Suspended or Proposed for Debarment Oct 2015 FAR 52.209-11 Representation by Corporations Regarding Delinquent Tac Liability or a Felony Conviction under any Federal Law Feb 2016 FAR 52.211-6 Brand Name or Equal Aug 1999 FAR 52.211-14 Notice of Priority Rating for National Defense Emergency Preparedness & Energy Program Use Apr 2008 FAR 52.211-15 Defense Priority and Allocation Requirements Apr 2008 FAR 52.212-1 Instructions to Offerors - Commercial Items Jan 2017 FAR 52.212-3 Offeror Representations and Certifications - Commercial Items Alternate I (Oct 2014) Nov 2017 FAR 52.212-4 Contract Terms and Conditions-Commercial Items Jan 2017 INSTRUCTIONS TO VENDOR Vendor needs to send quote by 10:00 AM EST, 4 May'18; and are to be submitted via one of the following methods: Electronic Mail (E-Mail):
[email protected] FAX : 757-862-9478 (Attn: Josephine Ocampo) All questions concerning this procurement, either technical or contractual must be submitted in writing to Jo Ocampo, Contract Specialist:
[email protected] by 2:00 p.m. (EST) on 25 Apr'18 to allow adequate time to prepare a response. No direct discussion between the technical representative and a prospective quoter shall be conducted. FAR 52.212-2 Evaluation -Commercial Items Oct 2014 (a) The Government will 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: Technical ability to meet specifications, past performance and price. Offerors shall provide specifications and other necessary information to demonstrate it meets the requirements of this solicitation (e.g. pictures, websites...). Offerors shall provide name, title and phone number of principal for no less than three prior or current contracts for similar scoped projects performed during the previous three years. To be technically acceptable, the submitting offeror must submit relevant and current past performance in ALL areas noted in this combined synopsis/solicitation. The Government will evaluate each offeror's experience on the basis of its depth and its relevance to the work that will be required under the prospective contract. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror 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. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items Jan 2017 (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (4) 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: FAR 52.219-6 Notice of Total Small Business Set-Aside Nov 2011 FAR 52.219-28 Post Award Small Business Program Representation Jul 2013 FAR 52.222-3 Convict Labor Jun 2003 FAR 52.222-19 Child Labor - Cooperation with Authorities and Remedies Oct 2016 FAR 52.222-21 Prohibition Of Segregated Facilities Apr 2015 FAR 52.222-22 Previous Contracts and Compliance Reports Feb 1999 FAR 52.222-25 Affirmative Action Compliance Apr 1984 FAR 52.222-26 Equal Opportunity Sep 2016 FAR 52.222-36 Affirmative Action For Workers With Disabilities Jul 2014 FAR 52.222-50 Combating Trafficking in Persons Mar 2015 FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Aug 2011 FAR 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management Jul 2013 FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 FAR 52.232-18 Availability of Funds Apr 1984 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 FAR 52.247-34 F.o.b. Destination Nov 1991 FAR 52.217-7 Option for Increased Quantity - Separately Price Line Item Mar 1989 The Government may require the delivery of the numbered item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days before contract expires. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. 52.252-2 Clauses Incorporated by Reference Feb 1998 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browsefar The following DFARS provisions and clauses apply to this acquisition and are incorporated by reference. DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep 2013 DFARS 252.203-7005 Representation Relating to Compensation of Former DoD officials Nov 2011 DFARS 252.204-7003 Control of Government Personnel Work Apr 1992 DFARS 252.204-7004 Alt A System for Award Management Alternate A Feb 2014 DFARS 252-204-7008 Compliance with Safeguarding Covered Defense Information Control Oct 2016 DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Information DFARS 252.204-7011 Alternative Line Item Structure (using FAR 12) Sep 2011 DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting Dec 2015 DFARS 252.204-7013 Limitations on the Use or Disclosure of Information by Litigation Support Offerors May 2016 DFARS 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors May 2016 DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support May 2016 DFARS 252.211-7003 Item Unique Identification and Valuation Dec 2013 DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System- Statistical Reporting in Past Performance Evaluations Jun 2015 DFARS 252.223-7008 Prohibition of Hexavalent Chromium May 2011 DFARS 252.225-7000 Buy American -Balance of Payments Program Certificate Nov 2014 DFARS 252.225-7001 Buy American and Balance of Payments Program Aug 2016 DFARS 252.225-7002 Qualifying Country Sources as Subcontractors Aug 2016 DFARS 252.225-7048 Export Controlled Items Jun 2013 DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Jun 2012 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.243-7001 Pricing of Contract Modifications Dec 1991 DFARS 252.244-7000 Subcontracts for Commercial Items and Commercial Components Jun 2013 DFARS 252.247-7023 Transportation of Supplies by Sea (Apr 2014) Apr 2014 DFARS 252.209-7999 Representation By Corporations Regarding An Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law-Fiscal Year 2015 Appropriations (Deviation 2015-Oo0005 Oct 2015 (a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. DFARS 252.204-7000 Disclosure of Information Oct 2016 (a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless- (1) The Contracting Officer has given prior written approval; (2) The information is otherwise in the public domain before the date of release; or (3) The information results from or arises during the performance of a project that involves no covered defense information (as defined in the clause at DFARS 252.204-7012) and has been scoped and negotiated by the contracting activity with the contractor and research performer and determined in writing by the contracting officer to be fundamental research (which by definition cannot involve any covered defense information), in accordance with National Security Decision Directive 189, National Policy on the Transfer of Scientific, Technical and Engineering Information, in effect on the date of contract award and the Under Secretary of Defense (Acquisition, Technology, and Logistics) memoranda on Fundamental Research, dated May 24, 2010,and on Contracted Fundamental Research, dated June 26, 2008 (available at DFARS PGI 204.4). (b) Requests for approval under paragraph (a)(1) shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 10 business days before the proposed date for release. (c) The Contractor agrees to include a similar requirement, including this paragraph (c), in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer. The following SOFARS provision and clauses apply to this acquisition SOFARS 5652.233-9000 Independent Review of Agency Protests (2013) Section I All protests shall be submitted through the Contracting Officer. A request for an independent review of the protest decision shall be made through the Contracting Officer to the HCD/FCO. If the HCD/FCO is the Contracting Officer, submit the request in accordance with FAR 33.103(d) (4) to: Chief, SOF-AT&L-KM or SOF-AT&L-KX as appropriate, 7701 Tampa Point Blvd, MacDill AFB, FL 33621, Fax (813) 826-7504.