NEW MARINE CRANE

9/14/15 AMENDMENT 0003: This amendment is issued to post one attachment entitled: Questions and Answers. Please see the attachment. Additionally, this amendment adds the following: Offerors may submit written questions during the quote preparation period. All questions must be received no later than 10:00am (Eastern) on 15 September 2015 to allow adequate time to prepare and issue responses to all Offerors prior to the date and time set for receipt of quotes. NSWDG will continue to accept written questions up to the closing time of the solicitation; however, time may not permit responses to those questions. Only written questions will receive a response. 9/14/15 AMENDMENT 0002: This amendment is issued to extend the closing deadline from 14 September 2015 to 10:00am Eastern Standard Time (EST) on 17 September 2015. 9/3/15 AMENDMENT 0001: This amendment is issued to post two attachments entitled: Questions and Answers and Pedestal Diagrams. Please see the attachments. 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 H92244-15-T-0349, and a firm fixed price contract is contemplated. All responsible sources may submit a quote which shall be considered by the agency. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83 effective 2 JULY 2015 and DFARS DPN 20150626 effective 26 JUNE 2015. This procurement is 100% small business set-asdie and the associated North American Industry Classification System (NAICS) code is 333120 with a business size standard of 750 employees. The DPAS rating for this procurement is DO-C9. The Naval Special Warfare Development Group (NSWDG) has a requirement to procure the following: BRAND NAME OR EQUAL. IF QUOTING EQUAL, SPECIFICATIONS MUST BE SUBMITTED WITH QUOTE IN ORDER TO BE CONSIDERED FOR AWARD. Section B Schedule of Supplies and Services CLIN 0001 FOLDING KNUCKLE BOOM CRANE WITH ALL CERTIFICATIONS MFR: MELCAL MARINE MFR PART NUMBER: FL30T4 QTY: 2 EA SPECIFICATIONS: Crane must have the following minimum requirements: - Marine Crane, telescoping knuckle design, with stainless steel pipes and hose ends with quick disconnect for 6th function. - Horizontal hydraulic outreach of at least 12.3 meters. - Main boom with 4 hydraulic extensions. - 2 metric ton winch line pull, galvanized anti-spin wire rope, hook with safety latch, hook weight, boom tip sheave assembly with nylatron sheave, min. 20 times wire rope diameter. - Hydraulic anti 2 block - 360-degree of continuous rotation. - Crane capacity of 14,850 lbs. at 15 feet and 4,400 lbs. at 40 feet. - Load holding valves on each function. - Stainless steel pipes & fittings, hose & pipe clamps. - Cranes must be mounted to existing crane pedestal not to exceed 13,400lbs. - Extra control valve and plumbing, with quick disconnect fittings and pad eye for deployment of power block. - Built and deigned to DIN 15018 H1 B3 or higher with ABS Certification. - Manufactured under the Quality Management System Standard, EN ISO 9001:2008 certified and accredited by DNV Quality Assurance. - Sand blasted structure (SA 2 1/2 according to ISO 8501-1:1998) - Double primed and paint coating, inside and outside, flame metalized zinc ally thermal coating of bare metal before primer - Hydraulic cylinders with Ni-Cr piston rods for marine environments. - 37 kW hydraulic power unit with 316 stainless steel tank, frame, fittings and fasteners, designed and built for installation in salt environment. SAFETY - Overload safety devices on all functions - Spring loaded brake on rotation motors. - Pilot operated check valves on all hydraulic cylinders and rotation motors and slew, lifts and extended functions. - Emergency stop button on main control panel. DOCUMENTS - Operators and Maintenance manuals in English, hard copy and digital. - FAT (Factor Acceptance Test) procedure and FAT documents completed and signed. - Lifting test certificate. - Electric and Hydraulic diagrams FIRM FIXED PRICE FOB DESTINATION TO: 1636 REGULUS AVENUE VIRGINIA BEACH, VA 23461 FAR 52.203-3 Gratuities Apr 1984 FAR 52.204-16 Commercial and Government Entity Code Reporting Nov 2014 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 52.212-1 Instructions to Offerors - Commercial Items Apr 2014 FAR 52.212-3 Offeror Representations and Certifications - Commercial Items Alternate I (Oct 2014) Mar 2015 FAR 52.212-4 Contract Terms and Conditions-Commercial Items May 2015 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 quote conforming to the solicitation will be most advantageous to the Government, price and technical acceptability considered. The following factors shall be used to evaluate quotes: Technical Capability: Will be rated Acceptable or Unacceptable, based on whether the Contractor met the specifications as listed in the solicitation; and can meet the delivery schedule specified in the Request for Quote. Price: All prices will be evaluated for reasonableness. The Government may require additional "other than cost and pricing data" prior to award. Award will be made to the lowest price, technically acceptable quote received. The Government reserves the right to make award based on initial quotes without clarifications or discussions. (End of Provision) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items May 2015 (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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (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) (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 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) Alternate I (Oct 1995) Sep 2006 FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Jul 2013 FAR 52.209-6 Protecting the Governments Interest When Subcontracting With Contractors Debarred, Suspended or Proposed for Debarment Aug 2013 FAR 52.219-6 Notice of Total Small Business Set-Aside Nov 2011 FAR 52.219-8 Utilization of Small Business Concerns Oct 2014 FAR 52.222-3 Convict Labor Jun 2003 FAR 52.222-19 Child Labor - Cooperation with Authorities and Remedies Jan 2014 FAR 52.222-21 Prohibition Of Segregated Facilities Feb 1999 FAR 52.222-26 Equal Opportunity Mar 2007 FAR 52.222-35 Equal Opportunity for Veterans Jul 2014 FAR 52.222-36 Affirmative Action For Workers With Disabilities Jul 2014 FAR 52.222-37 Employment Reports on Veterans Jul 2014 FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act Dec 2010 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 52.232-33 Payment by Electronic Funds Transfer-System for Award Management Jul 2013 (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: (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) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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) 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. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 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. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (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). (xii) 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.) (xiii) 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) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 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. (xviii) 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. FAR 52.242-13 Bankruptcy Jul 1995 FAR 52.247-34 F.o.b. Destination Nov 1991 FAR 52.252-2 Clauses Incorporated By Reference Feb 1998 FAR 52.233-2 Service of Protest Sep 2006 (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Contracting Officer 472 Polaris Avenue Virginia Beach, VA 23461 [email protected] (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. FAR 52.252-5 Authorized Deviations in Provisions Apr 1984 (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. 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. If the offeror has completed any of the following provisions listed in this paragraph electronically as part of its annual representations and certifications, they are to indicate that in the quote, there is no need to complete these provisions again for this solicitation. 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 Product Apr 1992 DFARS 252.204-7004 Alt A System for Award Management Alternate A Feb 2014 DFARS 252.204-7012 Safeguarding of Unclassified Controlled Technical Information Nov 2013 DFARS 252.209-7004 Subcontracting With Firms That Are Owned or Controlled by The Government Of a Country that is a State Sponsor of Terrorism Dec 2014 DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System- Statistical Reporting in Past Performance Evaluations May 2015 DFARS 252.225-7000 Buy American -Balance of Payments Program Certificate Nov 2014 DFARS 252.225-7001 Buy American and Balance of Payments Program Nov 2014 DFARS 252.225-7002 Qualifying Country Sources as Subcontractors Dec 2012 DFARS 252.225-7012 Preference For Certain Domestic Commodities Feb 2013 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.243-7002 Requests for Equitable Adjustments Dec 2012 DFARS 252.244-7000 Subcontracts for Commercial Items and Commercial Components Jun 2013 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 Revised May 28, 2014 (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 Ana Downes, telephone (757) 862-9465. 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 5652.215-9016 Technical and Contractual Questions Concerning This Solicitation Jan 2000 All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent to the following point of contact: Courtney Greco, Contract Specialist; Email address: [email protected]; phone (757) 862-9471; fax (757) 862-9478; mailing address: 472 Polaris Avenue, Bldg. 586, Virginia Beach, Virginia 23461-2299. 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 of Contracting, N01K, 472 Polaris Ave, Bldg 586, Virginia Beach, VA 23461-2299, Fax (757) 862-9478. Offerors must scrutinize this solicitation and ensure their proposals and submissions comply with all requirements. It is not sufficient to merely state your proposal complies with the solicitation requirements. You must clearly identify how your proposal meets ALL of the solicitation requirements. All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent by email the following point of contact: Courtney Greco, Contract Specialist; Email address: [email protected]. Quotes must be received no later than 10:00am Eastern Standard Time (EST) on 17 September 2015. Quotes received after this time frame shall not be considered for award. The Government will award the contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation and will be most advantageous to the Government based on best value. The prospective offeror must be registered with the System for Award Management (SAM) website at https://www.sam.gov to be considered for award. The offeror agrees to hold the prices in its quote firm for 30 calendar days from the date specified for receipt of quotes. Quotes can be faxed, emailed or mailed in the United States postal mail to NSWDG, Attn Courtney Greco, 472 Polaris Avenue Bldg 586, Virginia Beach, Virginia 23461. Point of Contact for this solicitation is Courtney Greco at [email protected] or phone (757) 862-9471 or fax to (757) 862-9478.