SOLICITATION NOTICE
D -- SOLE SOURCE: Simulyze Flight Control Software
- Notice Date
- 9/5/2012
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541519
— Other Computer Related Services
- Contracting Office
- N00189 NAVSUP Fleet Logistics Center Norfolk 1968 Gilbert Street,Suite 600 NORFOLK, VA
- ZIP Code
- 00000
- Solicitation Number
- N0018912T0383
- Response Due
- 9/15/2012
- Archive Date
- 11/1/2012
- Point of Contact
- Jill Joscelyn-Smith 7574431219
- Small Business Set-Aside
- Total Small Business
- Description
- This is a SOLE-SOURCE COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using acquisition procedures under Contracting by Negotiation found at FAR 15, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS and NECO (http://www.neco.navy.mil/). The RFP (Request for Proposal) number is N00189-12-T-03831. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-58 and DFARS Change Notice 20120629. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: www.acqnet.gov/far and http://www.acq.osd.mil/dpap/dfars/index.htm. The proposed contract action is for commercial services for which NAVSUP Fleet Logistics Center, Norfolk Contracting Department intends to solicit and negotiate with only one source under the authority of FAR 6.302-1. Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals; however, all bids, proposals, or quotations received by closing date will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon 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. Services to be Acquired: Simulyze Flight Control Software Annual Support and Upgrades Sole Source provider is Simulyze, Inc. 12020 Sunrise Valley Drive, Suite 300, Reston, VA 20191. Simulyze, Inc is the only known contractor that can provide the required services as they currently possess current Flight Control Software and certified personnel to satisfy the Government s requirement. Without this required service, the current software licenses will not receive annual support or upgrades, and which would seriously impact the Navy s mission. This acquisition will result in a Firm-Fixed-Price contract under NAICS 541519. The Small Business Standard is $25.0M. The period of performance is for a one-year base beginning 01 October 2012 through 30 September 2013; with four (4) additional one-year option periods. The following FAR provisions and clauses are applicable to this procurement and are incorporated by reference: 52.204-7 CCR; 52.204-9 Personal Identity Verification of Contractor Personnel 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations 52.209-5 Certification Regarding Responsibility Matters; 52.212-1, Instructions to Offerors - Commercial Items; 52.212-3 and its ALT I, Offeror Representations and Certifications - Commercial Items; 52.212-4, Contract Terms and Conditions - Commercial Items; 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items including: 52.203-6 with Alt I, Restriction on Subcontractor Sales to the Government 52.203-13Contractor Code of Business Ethics and Conduct 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6 Protecting the Government Interest when Subcontracting with Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.219-8 Utilization of Small Business Concerns 52.219-28 Post Award Small Business Program Representation 52.222-3 Convict Labor 52.222-19 Child Labor- Cooperation with Authorities and Remedies 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-35 Equal Opportunity for Veterans 52.222-36 Affirmative Action for Workers with Disabilities 52.222-37 Employment Reports on Disabled Veterans 52.222-40 Notification of Employee Rights under the National Labor Relations Act 52.222-54 Employment Eligibility Verification 52.223-18 Contractor Policy to Ban Text Messaging while Driving 52.225-13 Restriction on Foreign Purchase 52.232-33 Payment by Electronic Funds Transfer CCR 52.222-41 Service Contract Act of 1965 52.222-42 Statement of Equivalent Rates 52.222-43 Fair Labor Standards Act Price Adjustment 52.217-5 Evaluation of Options 52.217-8 Option to Extend Services 52.217-9 Option to Extend the Term of the Contract 52.228-5 Insurance Work on a Government Installation 52.232-18 Availability of Funds 52.237-2 Protection of Government Buildings, Equipment, and Vegetation 52.247-34 F.O.B. Destination 52.252-1 Solicitation Provisions Incorporated by Reference 52.252-2 Solicitation Clauses Incorporated by Reference The following DFAR provisions and clauses are applicable to this procurement and are incorporated by reference: 252.201-7000 Contracting Officer s Representative 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7003 Control of Government Personnel Work Product 252.204-7004 Alt A CCR Alt A 252.209-7998 (Dev) Representation Regarding Conviction of a Felony Criminal Violation 252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability 252-209-7001 Disclosure of Ownership 252-209-7004 Subcontracting with Firms 252.212-7000, Offeror Representations and Certifications - Commercial Items; 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items including: 52.203-3 Gratuities 252.203-7000 Requirements Relating to Compensation of Former DOD Officials 252.203-7003 Agency Office of the Inspector General 252.205-7000 Provisions of Information 252.232-7003 Electronic Submission of Payment Requests 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.243-7002 Requests for Equitable Adjustment 252.247-7023 Transportation of Supplies by Sea 252.232-7010 Levies on Contract Payments The following clauses are incorporated by full text: 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 Jill Joscelyn-Smith Contracting Officer NAVSUP, Fleet Logistics Center Norfolk 1968 Gilbert Street, Suite 600 Norfolk, VA 23511 Email: jill.joscelyn@navy.mil (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 5252. NS-046P PROSPECTIVE CONTRACTOR RESPONSIBILITY (1 AUG 2001) (FISC NORFOLK) In accordance with Federal Acquisition Regulation (FAR) Part 9.1, the Contracting Officer shall award contracts only to responsible offerors. No purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility. To be determined responsible, a prospective contractor must have adequate financial resources to perform the contract, or the ability to obtain them. The contracting officer shall require acceptable evidence of the prospective contractor's current sound financial status, as well as the ability to obtain required resources if the need arises. In regard to resources, the contractor must be prepared to present acceptable evidence of subcontracts, commitments or explicit arrangement that will be in existence at the time of contract award, to rent, purchase, or otherwise acquire the needed facilities, equipment, services, materials, other resources, or personnel. Consideration of a prime contractor's compliance with limitations on subcontracting shall be taken into account for the time period covered by the contract base period or quantities, plus option periods or quantities, if such options are considered when evaluating offers for award. Pursuant to FAR 9.104-4, the Contracting Officer reserves the right to request adequate evidence of responsibility on the part of any prospective subcontractor(s). In the absence of information clearly indicating that the prospective contractor is responsible, the contracting officer shall make a determination of non-responsibility. As a minimum requirement, all offerors must submit, as part of the original proposal, the following: (1) Company's Financial Statement which includes Balance Sheet and Income Statement; and (2) Point of Contact from their Bank or any financial institution with which they transact business. (End of provision) 5252.204-9400 CONTRACTOR ACCESS TO FEDERALLY CONTROLLED FACILITIES AND/OR UNCLASSIFIED SENSITIVE INFORMATION OR UNCLASSIFIED IT SYSTEMS (May 2010) Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type Memorandum (DTM) 08-006 DoD Implementation of Homeland Security Presidential Directive 12 (HSPD-12) dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives. This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform certain unclassified both non-sensitive and sensitive duties. It is the responsibility of the command/facility where the work is performed to ensure compliance. The requirement to control access to sensitive information applies to all US government IT systems and/or areas where unclassified but sensitive information may be discussed, displayed or maintained. DON policy prescribes that all unclassified data that has not been approved for public release and is stored on mobile computing devises must be treated as sensitive data and encrypted using commercially available encryption technology. Whenever granted access to sensitive information, contractor employees shall follow applicable DoD/DoN instructions, regulations, policies and procedures when reviewing, processing, producing, protecting, destroying and/or storing that information. Operational Security (OPSEC) procedures and practices must be implemented by both the contractor and contract employee to protect the product, information, services, operations and missions related to the contract. The contractor shall designate an employee to serve as the Contractor s Security Representative. Within three work days after contract award, the contractor shall provide to the Navy Command s Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor s Security Representative. The Contractor s Security Representative shall be the primary point of contact on any security matter. The Contractor s Security Representative shall not be replaced or removed without prior notice to the Contracting Officer. Non-Sensitive Positions Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements: Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the US (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction) and Must have a favorably completed National Agency Check with Written Inquiries (NACI) including a Federal Bureau of Investigation (FBI) fingerprint check prior to installation access. To be considered for a favorable trustworthiness determination, the Contractor s Security Representative must submit for all employees each of the following: * SF-85 Questionnaire for Non-Sensitive Positions * Two FD-258 Applicant Fingerprint Cards * Original Signed Release Statements The contractor shall ensure each individual employee has a current favorably completed NACI. The Contractor s Security Representative shall be responsible for initiating reinvestigations as required. Failure to provide the required documentation at least 30 days prior to the individual s start date shall result in delaying the individual s start date. Sensitive Positions Contractor employee whose duties require accessing a DoD unclassified computer/network, working with sensitive unclassified information (either at a Government or contractor facility), or physical access to a DoD facility must be a US citizen and possess a favorable trustworthiness determination prior to installation access. To obtain a favorable trustworthiness determination, each contractor employee must have a favorably completed National Agency Check with Local Credit Checks (NACLC) which consists of a NACI including a FBI fingerprint check plus credit and law enforcement checks. Each contractor employee applying for a trustworthiness determination is required to complete: * SF-85P Questionnaire for Public Trust Positions * Two FD-258 Applicant Fingerprint Cards * Original Signed Release Statements Failure to provide the required documentation at least 30 days prior to the individual s start date shall result in delaying the individual s start date. To maintain continuing authorization for an employee to access a DoD unclassified computer/network, and/or have access to sensitive unclassified information, the contractor shall ensure that the individual employee has a current requisite background investigation. The Contractor s Security Representative shall be responsible for initiating reinvestigations as required and ensuring that background investigations remain current (not older than 10 years) throughout the contract performance period. IT Systems Access When access to IT systems is required for performance of the contractor employee s duties, such employees shall in-process with the Navy Command s Security Manager and Information Assurance Manager upon arrival to the Navy command and shall out-process prior to their departure at the completion of the individual s performance under the contract. Completion and approval of a System Authorization Access Request Navy (SAAR-N) form is required for all individuals accessing Navy Information Technology resources. The SAAR-N shall be forwarded to the Navy Command s Security Manager at least 30 days prior to the individual s start date. Failure to provide the required documentation at least 30 days prior to the individual s start date shall result in delaying the individual s start date. When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required. Security Approval Process The Contractor s Security Representative shall ensure that each individual employee pending assignment shall accurately complete the required forms for submission to the Navy Command s Security Manager. The Contractor s Security Representative shall screen the investigative questionnaires for completeness and accuracy and for potential suitability/security issues prior to submitting the request to the Navy Command s Security Manager. Forms and fingerprint cards may be obtained from the Navy Command s Security Manager. These required items, shall be forwarded to the Navy Command's Security Manager for processing at least 30 days prior to the individual employee s anticipated date for reporting for duty. The Navy Command s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM). Suitability/security issues identified by the Navy Command s Security Manager may render the contract employee ineligible for the assignment. A favorable review of the questionnaire and advance fingerprint results are required as an interim measure prior to the contract employee start date. An unfavorable determination made by the Navy Command s Security Manager is final and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. If contractor employees already possess a current favorably adjudicated investigation, the Navy Command s Security Manager will use the Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS). The contractor shall include the IT Position Category per SECNAV M-5510.30 for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee s performance under the contract. The Navy Command s Security Manager will forward the required forms to OPM for processing. Once the investigation is complete, the results will be forwarded by OPM to the DON Central Adjudication Facility (CAF) for a position of trust determination. When a favorable determination is not made, contractor employees shall not be permitted to work on this contract effort and if already working on the contract shall be removed immediately. The potential consequences of any requirements under this clause including denial of access for a proposed contractor employee who fails to obtain a favorable trustworthiness determination in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees for working in non-sensitive positions, with sensitive information, and/or on Government IT systems. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have physical access to a federally controlled facility and/or access to a federally-controlled information system/network and/or access to government information. (End of Clause) SUP 5252.232-9402INVOICING AND PAYMENT (WAWF) INSTRUCTIONS (April 2008) (a) Invoices for goods received or services rendered under this contract shall be submitted electronically through Wide Area Work Flow -- Receipt and Acceptance (WAWF): (1) The vendor shall have their cage code activated by calling 866-618-5988. Once activated, the vendor shall self-register at the web site https://wawf.eb.mil. Vendor training is available on the Internet at http://www.wawftraining.com. Additional support can be obtained by calling the Navy WAWF Assistance Line: 1-877-251-9293. (2) WAWF Vendor Quick Reference Guides are located at the following web site: http://www.acquisition.navy.mil/navyaos/content/view/full/3521. (3) Select the invoice type within WAWF as specified below. Back up documentation (such as timesheets, receiving reports etc.) can be included and attached to the invoice in WAWF. Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. Total limit for each file is not to exceed 2MB. Multiple attachments are allowed. (b) The following information, regarding invoice routing DODAAC s, must be entered for completion of the invoice in WAWF: Routing Table WAWF Invoice Type2-in-1 Contract Number TBD Issuing Office DODAACN00189 Admin Office DODAACN00189 Ship To DoDAAC (for Combo), Service Acceptor DODAAC (for 2 in 1),Service Approver DODAAC (Cost Voucher)TBD Local Processing Office (Certifier)TBD Paying Office DODAACTBD Acceptor/COR Email AddressTBD (c) Contractors approved by DCAA for direct billing will not process vouchers through DCAA, but may submit directly to DFAS. Vendors MUST still provide a copy of the invoice and any applicable documentation that supports payment to the Acceptor/Contracting Officer's Representative (COR) if applicable. Additionally, a copy of the invoice(s) and attachment(s) at time of submission in WAWF must also be provided to each point of contact identified in section (d) of this clause by email. If the invoice and/or receiving report are delivered in the email as an attachment it must be provided as a.PDF, Microsoft Office product or other mutually agreed upon form between the Contracting Officer and vendor. (d) For each invoice / cost voucher submitted for payment, the contractor shall include the following email addresses for the WAWF automated invoice notification to the following points of contact: NameEmailPhoneRole TBDTBDTBDTBD (End of provision) Responses to this solicitation are due by 15 September 2012 at 0900 AM EST. Proposals shall be emailed to jill.joscelyn @navy.mil, Attention: Jill Joscelyn-Smith, Reference RFP N00189-12-T-0383. All proposals shall include unit prices, extended prices, and a total price, a point of contact, name and telephone number, GSA contract number if applicable, business size, and prompt payment terms. The offeror s proposed price will be evaluated on the basis of price reasonableness in accordance with FAR Subpart 15.404. The evaluation may include, but is not limited to: a.Price comparison with other offerors; b.Completeness: All pricing information as it directly relates to the PWS; and c.Comparison with independent Government estimates. Vendors responding to this solicitation are advised that, prior to award, the Government may request vendors to submit information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.
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