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 H92244-17-T-0139, and a firm fixed price contract is contemplated. All responsible sources may submit a quote which shall be considered by the agency. This procurement is 100% small business set-aside and the associated North American Industry Classification System (NAICS) code is 332312 with a business size standard of 500 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. 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 2005-95, effective 19 Jan 2017 and DFARS Change Notice 20161222. 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 Development Group (NSWDG) has a requirement to procure the following: Section B Schedule of Supplies and Services Brand name or equal item, for equal item/s please provide specifications along with your quote in order to be considered for award as per Federal Acquisition Regulation (FAR) 52.211-6. CLIN 0001 N31000C-1PA 20' Autolock Container Spreader, Working Load Limit (WLL) 70,528 lbs Qty - 1 ea. Specification: All below the hook lifting devices must be manufactured in accordance with ASME B30.20 and are proof loaded to conform to that specification and OSHA 2232 (1918.61). F O B Destination Delivery: within 30-45 days after receipt of order. Following Clauses and Provision applies to this procurement. FAR 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Oct 2015 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 Tax 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) Jan 2017 FAR 52.212-4 Contract Terms and Conditions-Commercial Items Jan 2017 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: INSTRUCTIONS TO VENDORS Interested vendors may send quotations by 10 AM EST, 11 Aug'17; 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 2 Aug 2017 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 in descending order of importance: Technical ability to meet specifications, past performance and price (i) Technical - Quoters shall provide drawings and/or pictures of the quoted item/s and other necessary documentation to demonstrate it meets the requirements of this solicitation. (ii) Past Performance - Quoters shall provide name, title, and phone number of principal for no less than three prior or current contracts/agreements for similar scoped projects performed during the previous three years. To be technically acceptable, the submitting quoter must submit relevant and current past performance in ALL areas noted in this combined synopsis/solicitation. The Government will evaluate each quoter's experience on the basis of its depth and its relevance to the work that will be required under the prospective contract. (iii) Price - will be evaluated for reasonableness. Procedures in FAR 13.106 are applicable to this procurement. (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 acceptance of the quote mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, shall result in a binding contract upon signature or performance by the contractor. Before the quote's specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. 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 Feb 2016 FAR 52.222-21 Prohibition Of Segregated Facilities Apr 2015 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 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 FAR 52.247-34 F.o.b. Destination Nov 1991 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): www.farsite.hill.af.mil http://www.arnet.gov/far/ http://www.acqnet.gov/far FAR 52.252-6 Authorized Deviations in Clauses Apr 1984 (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. 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 252.203-7005 Representation Relating to Compensation of Former DoD officials Nov 2011 DFARS 252-204-7008 Compliance with Safeguarding Covered Defense Information Control Oct 2016 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 Oct 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 Mar 2016 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 Dec 2016 DFARS 252.225-7002 Qualifying Country Sources as Subcontractors Dec 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 252.244-7000 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. The following SOFARS provision and clauses apply to this acquisition SOFARS 5652.201-9002 Authorized Changes Only By Contracting Officer 2005 The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Contracting Officer is on Block 31b of the SF1449. SOFARS 5652.204-9003 Disclosure of Unclassified Information and Notification Requirements for Cyber Security Breaches 2013 (a) On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor's organization any unclassified 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, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM. (b) 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 restricted information shall be made without specific written authorization by the Contracting Office. (c) The protection of sensitive but unclassified data reflecting Special Operations technologies, personnel, plans, and business associations requires due diligence on the part of those in possession of such information. The application of appropriate security measures to ensure the safekeeping of USSOCOM and company proprietary data, intellectual property, and personnel data is the responsibility of all parties who have access to such information. All contractors supporting USSOCOM are required to inform the Contracting Officer within three business days of when there has been a breach or successful penetration of the contractor's network(s) or information system(s). Breaches include unauthorized intrusions of the contractor's server(s) from external parties whether through introduction of malware, hacking, the compromise of access passwords, or any other unauthorized access or compromise. Breaches also include the physical loss of storage media such and disks, hard drives, thumb drives, laptops or other devices which contain duplicates of information contained on the contractor's data systems, or the willful or accidental transmission, copying or posting of contract information which has not been specifically authorized by the Contracting Officer. Estimates of damage and mitigation strategies will be submitted to the Contracting Officer within a period following the breach specified and agreed upon by the Contractor and the Contracting Officer. (d) The Contractor shall include a similar requirement to this clause in each subcontract under this contract. Subcontractors shall submit request for authorization to release and notifications related to cyber security breaches through the prime contractor to the Contracting Officer. (e) The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, newspaper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer. 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.