This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.603, 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. The Special Warfare Development Group has a potential requirement to purchase the following: CLIN 0001: S-Band Raytheon Pathfinder Mk 2 Radar System, 10cm Unit, Model BST-8502; Quantity 1 each; Features: Flexible console design for integrated bridge, stand-alone or table top applications, color displays available in standard or high resolution, easy to use with combination of traditional dedicated controls and point-to-click menu operation system, superior target detection and clutter suppression including patented “rain rate process”, ARPA manual and automatic acquisition of up to 40 targets, dual EBL, VRM and parallel index lines as standard, true motion, gryro and log interface built-in, 4 programmable NMEA input/outputs, 25 kW X-band transceivers in up or down configuration, 30 kW S-band transceivers in up or down configuration, high performance log receiver with 130 dB dynamic range, Nav interface alarm. This procurement will be accomplished using full and open competition procedures for Commercial Off-the-Shelf items. A list of contract line item number(s) and items, quantities and units of measure, date(s) and place(s) of delivery and acceptance and FOB point. The Government desired delivery date is 4 weeks after date of contract. Place of Delivery and Acceptance and FOB Point are: NSWDG, 1636 Regulus Avenue, Bldg. 313, Virginia Beach, Virginia 23461-2299. The following provisions and clauses are applicable to this acquisition and in effect through Federal Acquisition Circular FAC 2001-22, effective 05 April 2004. Offerors shall review the full text version of these provisions and clauses and submit required information with their offers. 52.212-1 –Instructions to Offerors – Commercial Items (Jan 2004) (b) Submission of Offers. The following factors shall be used to evaluate offers: (i) Technical capability (by review of existing product literature for the item(s) being procured, (ii) Past Performance from both inside and outside the Federal government, (iii) Price (iv) Delivery. Technical and past performance when combined, are equally as important as price; The government will conduct a comparative evaluation of offers. 52.212-3 – Offeror Representations and Certifications – Commercial Items (Jan 2004). (a) Offerors are advised to include a completed copy of this provision with its offer. 52.212-4 – Contract Terms and Conditions – Commercial Items (Oct 2003). The following DFARS provision and clauses are hereby applicable to this commercial acquisition; 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. (JAN 2004) (a) The contractor shall comply with the following Federal Acquisition Regulation (FAR) Clause, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.233-3 Protest After Award (Aug 1996)(31 U.S.C. 3553). (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: 52.203-6, Restrictions on Subcontractor Sales to the Government (Jul 1995), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402), 52.219-8 Utilization of Small Business Concerns (Oct 2000)(15 U.S.C. 637(d)(2) and (3)), 52.219-25 Small Disadvantaged Business Participation Program Disadvantaged Status and Reporting (Oct 1999)(Pub. L.103-355, Section 7102, and 10 U.S.C. 2323), 52.219-26 Small Disadvantaged Business Participation Program Incentive Contracting (Oct 2000)(Pub. L. 103-355, Section 7102, and 10 U.S.C. 2323), 52.222-19 Child Labor Cooperation with Authorities and Remedies (Jan 2004)(E.O. 13126), 52.222-21 Prohibition of Segregated Facilities (Feb 1999), 52.222-26 Equal Opportunity (Apr 2002)(E.O. 11246), 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001)(38 U.S.C. 4212), 52.225-13 Restrictions on Certain Foreign Purchases (Dec 2003) (Eo.s., proclamations and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury), 52.232-33 Payment by Electronic Funds/Transfer, Central Contractor Registration (Oct 2003)(31 U.S.C. 3332). (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 paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause – (i) 52.219-8 Utilization of Small Business Concerns (Oct 2000)(15 U.S.C. 6379(d)(2) and (3), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26 Equal Opportunity (Apr 2002)(E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001)(38 U.S.C. 4212). (iv) 52.222-36 Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (v) 52.222-41 Service Contract Act of 1965, as amended (May 1989), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (vi) 52.247-64 Preference of Privately-Owned U.S. Flag Commercial Vessels (Apr 2003)(46 U.S.C. Appx. 1241 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. 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items As prescribed in 212.301(f)(iii), use the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2004) (a) The contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. 52.203-3 Gratuities (Apr 1984)(10 U.S.C. 2207) (b) 252.205-7000 Provision of Information to Cooperative Agreement Holders (Dec 1991)(10 U.S.C. 2416). 252.219-7003 Small, Small Disadvantaged and Women-Owned Business Subcontracting Plan (DoD Contracts)(Apr 1996)(15 U.S.C. 637). 252.225-7001 Buy American Act and Balance of Payments Program (Apr 2003)(41 U.S.C. 10a-10d, E.O. 10582), 252.225-7012 Preference of Certain Domestic Commodities (Feb 2003)(10 U.S.C. 2533a). 252.225-7036 Buy American Act – Free Trade Agreements – Balance of Payments Program (Jan 2004) Alternate I (Jan 2004)(41 U.S.C. 10a-10d and 19 U.S.C. 3301 note), 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools (Apr 2003)(10 U.S.C. 2533a), 252.243-7002 Requests for Equitable Adjustment (Mar 1998)(10 U.S.C. 2410), 252.247-7023 Transportation of Supplies by Sea (May 2002)(Alternate I)(Mar 2000), 252.225-7014 Preference for Domestic Specialty Metals, Alternate I (Apr 2003)(10 U.S.C. 2533a), 252.247-7023 Transportation of Supplies by Sea (May 2002)(10 U.S.C. 2631), 252.247-7024 Notification of Transportation of Supplies by Sea. The Defense Priorities and Allocations System (DPAS) assigned rating for this procurement is DO. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted electronically or on letterhead stationery to include the minimum information required by this provision. Offers are due by close of business, 4:30 p.m. Eastern Standard Time (EST) on 24 May 2004; 52.212-2 – Evaluation – Commercial Items (Jan 1999) (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 Government anticipates a Firm-Fixed Price contract. The POC is Christine Anderson, Contract Specialist, Phone (757) 492-7960 extension 2210, Fax (757) 492-7954, Email:
[email protected]; Contracting Officer is Betty Conner, Phone: (757) 492-7960 extension 2204, Fax (757) 492-7954, Email:
[email protected]; NOTE: Negative replies are requested with rationale as to why a No Bid is being submitted.