SOLICITATION NOTICE
47 -- Hoses - ODS
- Notice Date
- 1/24/2018
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 332919
— Other Metal Valve and Pipe Fitting Manufacturing
- Contracting Office
- Department of the Navy, Naval Sea Systems Command, Puget Sound Naval Shipyard (PSNSY) and IMF, 1400 Farragut Ave, Puget Sound Naval Shipyard, Bremerton, Washington, 98207-5005, United States
- ZIP Code
- 98207-5005
- Solicitation Number
- N4523A7348V538
- Archive Date
- 2/10/2018
- Point of Contact
- jacqueline edgerton, Phone: 3604764205
- E-Mail Address
-
jacqueline.edgerton@navy.mil
(jacqueline.edgerton@navy.mil)
- Small Business Set-Aside
- Total Small Business
- Description
- Ordering Data Sheet (ODS) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate solicitation will not be issued. The solicitation number is N4523A7348v538 issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 effective 19 Jan 2017. This solicitation is a Total Small Business SetAside. The associated NAICS code is 332919 and small business size standard is 750. Following is list of requirements: ****SEE ATTACHED RFQ FOR FULL DETAILS OF THIS SOLICITATION**** Please see attached Order Data Sheet (ODS) for completed detail item description Required. Delivery Information: FOB Destination - Bremerton, WA 98314; required delivery date is 2 February 2018 Quote Submission Requirement. See referenced FAR 52.212-1 - Instructions to Offerors for guidance. Submit quote to Jacqueline Edgerton via Email: jacqueline.edgerton@navy.mil by 10:00 am Pacific Standard Time (PST) January 26, 2018. Note that late submission will not be accepted. POC INFORMATION The items are requested by Feb 2, 2018. If you cannot provide the items by this date, please provide the earliest you can deliver the items below in offer response. The Government inspection is QA Level:"E", 7-days inspection time. Offeror Information Required with Response I n your responses please provide the following information: VENDOR BUSINESS NAME: (Incl Dba) VENDOR CAGE CODE NUMBER: V ENDOR POC NAME: VENDOR E-MAIL ADDRESS: VENDOR PHONE NUMBER: VENDOR BUSINESS SIZE: (b) Is the service being offered exactly as specified within the attached drawings and specifications? Yes No If an alternative to a drawing/specification is being suggested please explain why it is an acceptable alternative to replace the mandatory feature. ____________________________________________________________________________________________ _____________________________________________________________________________________________ Delivery date offered, if different than specified: Name of Manufacturer: Country of Origin: Size of Manufacturer: SPECIFICATIONS Standard Warranty The Contractor shall extend to the Government the full coverage of any standard warranty normally offered in a similar sale, provided such warranty is available at no additional cost to the Government. Acceptance of the standard warranty does not waive the Government's rights under any "Inspection" clause that may be in the contract nor does it limit the Government's rights with regard to the other terms and conditions of this contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard warranty. The standard warranty period shall begin upon final acceptance of the applicable material and/or services listed in the Schedule. The Contractor shall provide a copy of its standard warranty (if applicable) with its offer. The warranty covers a period of ______________ months (offeror is to insert number). SPECIFICATIONS C500 Mercury Control Mercury or mercury containing compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this contract. G505 Vendor Disposition of Nonconforming Material Material not in compliance with all contract requirements shall be deemed as nonconforming. Nonconforming material shall either be scrapped and remade to meet all contract requirements, reworked/repaired to meet all requirements, or the vendor may submit a request to the shipyard to allow the nonconforming material be tendered for acceptance. A request for authority to submit nonconforming material shall include a complete description of the nonconformance and an assessment of the impact of the nonconformance on the technical adequacy of the material. In no instance shall nonconforming material be tendered to the shipyard for acceptance without specific shipyard approval. C528 Specification Changes No changes to specifications or other contract technical requirements are allowed without Contracting Officer approval. E2 Inspection and Acceptance (at destination) Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity. Receiving activity shall execute acceptance certificate on the applicable inspection and receiving report form (DD Form 1155, Standard Form 44, DD form 250 or WAWF) and the executed payment copy shall be forwarded to the paying office within four (4) workdays thereafter. PACKAGING MARKING PACKAGING REQUIREMENTS Items shall be protected by wrapping, cushioning, pack compartmentalization, or other means to prevent damage to surface due to shipping or rough handling. CONTAINER MARKING FOR SHIPPING/RECEIVING DOCUMENTS In accordance with Military Standard 129, a packing list shall be included inside and attached outside each box or container packed with unlike items where full description of the contents is not authorized or cannot be shown on the container. No packing list is required for containers having like items. The packing list will contain the following information: •a. Package number and set number (if any) of the container; •b. A list of contents including quantity by item, item description, stock number or part number, type and size, condition of material, unit of issue if other than each, and reference publications and dates of issue when applicable; and •c. Other information in sufficient detail so that article can be replaced. The Contractor's prepared Material Inspection and Receiving Report (DD Form 250) and the Contractor's Packing List, identifying material shipped is to be placed inside the shipping container, or if attached outside on the container, shall be adequately protected from shipping damage. The container shall be prominently marked "PACKING LIST AND DD FORM 250 ENCLOSED." PREPARATION FOR DELIVERY (COMMERCIALLY PACKAGED ITEMS) •(a) Preservation, packaging, and packing shall be in accordance with ASTM-D-3951 (most current edition), "Standard for Commercial Packing." The unity pack quantity that applies to items under this contract is "Industry Standard." •(b) Prohibited Packing Materials. The use of asbestos, excelsior, loose fill polystyrene, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. •(c) Non-Manufactured Wood Packing. All non-manufactured wood utilized in wood pallets and wood containers shall be heat treated to a minimum core temperature of 56 degrees centigrade for 30 minutes and certified by an accredited agency recognized by the American Lumber Standards Committee (ALSC). Refer to www.aphis.uda.gov/ppq/swp/eunmwp.html for wood packing policy, enforcement regulations and accredited agencies. Non-coniferous (hardwood) and manufactured wood, such as particleboard and plywood, are exempt from this requirement. MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS) •(i) Marking shall be in accordance with ASTM-D-3951 (most current edition) and with the information set forth in paragraph (ii) below. Unless specified elsewhere in this contract/order, bar coding is not required. •(ii) All unit and exterior containers/packs shall, as a minimum, be marked as follows: •1. National stock number (NSN), when available, or Federal stock number (FSN), when NSN is not available, or Part number when either NSN or FSN are available. •2. Noun nomenclature cited on contract or order. •3. Quantity and unit of issue. •4. Contract, or order number. •5. From: _________________________________________ (Contractor's Name) _______________________________________________ (Address) •6. To: (See delivery Address on page 1 or in Section F) •(iii) Markings may be applied by any means which provide legibility. PAYMENT INFORMATION PAYMENT REQUEST FORM: GOVERNMENT PURCHASE CARD (MAY 17, 2017) Please follow the steps below to receive payment via Government-Wide Purchase Card. 1. After product shipment or service is rendered, complete the form below and email or fax to Accounts Payable (A/P). PSNS & IMF Cardholder contact information is below: c 600.creditcard.fct@navy.mil Fax: (360) 476-8553 2. An itemized and serialized invoice with the Government Purchase Order number and Delivery Order number (if applicable) clearly indicated on all pages. This is required to be included with this payment request form. 3. FOB Origin, Prepaid, and Prepay & Add sales require evidence of freight paid. Submit copy of freight bill with payment request form. Packaging and handling charges will not be reimbursed. 4. Upon receipt of all required documentation, a Government purchase card holder will contact the contractor's designated person of contact with purchase card information. 5. Code 600 Method of Payment policies does not allow the use of third party card processing companies such as PayPal, Paypro, etc. 6. If a Government card number is necessary for order processing purposes, the vendor can EMAIL or FAX this form and a proforma invoice to A/P to request a cardholder's number. A/P will provide the card information via phone call. * Specify "Order Processing Purposes Request" on the top of the form. * AT NO TIME CAN AN ORDER PROCESSING CARD NUMBER BE CHARGED WITHOUT THE CARDHOLDER'S FINAL AUTHORIZATION. * Failure to receive authorization will result in an immediate request for credit and/or dispute of the transaction. 7. ACCOUNTING INFORMATION: (Purchasing agent to fill in LOA & $$ Info here) ------------------------------------------------------PROFORMA INVOICE----------------------------------------------------- Contract #/Delivery Order #: _________________________________________ Date: ____________________ Contractor Name: _______________________________________________ Address: ______________________________________________________ Point of Contact and Title: _________________________________________ Phone and fax number: _________________________________ E-Mail: ___________________________ Shipment or service date: __________________________________________ t otal amount of sale: ______________________________________________ -------------------------------------------GPC AUTHORIZATION----------------------------------------- (For Government use only) Date: ____________________________ Amount Authorized: _______________________ Name/Phone Number: ______________________________________________ Invoice Number: ________________________________________ Initials: ________ Comments: ___________________________________________________ DELIVERIES OR PERFORMANCE PROOF OF DELIVERY If United Parcel Service (UPS) or Federal Express services are used for transportation, each package must have a unique package identification number. The Government will not consider the manifest as proof of delivery unless each package can be uniquely identified. Acceptance will occur only after the Government can verify actual receipt of the contact items- - packaged, marked and labeled as required elsewhere in this contract. DELIVERY NOTIFICATION REQUIREMENTS The contractor shall notify the designated point of contact (POC) listed below 24 hours prior to delivery of supplies to Commander Navy Region Northwest (CNRNW) commands listed below. This notification shall include the following information: •a) Name of vendor supplying the material •b) Item(s) to be delivered •c) Name of delivery/drayage contractor delivering item(s) •d) Expected time of delivery •e) Name of driver(s), if known •f) Type of delivery vehicle, if known 2. Notice shall be provided by FAX to the applicable POC listed below: COMMAND POC PHONE FAX Puget Sound Naval Shipyard Central Dispatch 360-476-7346 360-476-8414 Jacqueline Edgerton Email: jacqueline.edgerton@navy.mil 3 Prior notification is not required for regularly scheduled deliveries with badged drivers in trucks with DOD decals. 4. All deliveries to CNRNW commands must pass through the base Truck Inspection Station. All delivery vehicles and any weight handling equipment are subject to inspection. Drivers should expect delays due to heightened security. Drivers entering the Controlled Industrial Area (CIA) within Puget Sound Naval Shipyard and the Operations Area of Naval Base Kitsap-Bangor Annex MUST be United States citizens and should be prepared to provide appropriate proof of U.S. citizenship to security personnel. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a separate solicitation will not be issued. The solicitation number is N4523A72757236 issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 effective 19 Jan 2017. This solicitation is a UNRESTRICTED. The associated NAICS code is 326220 and small business size standard is 750. Following is list of requirements: ****SEE ATTACHED RFQ FOR FULL DETAILS OF THIS SOLICITATION**** Please see attached Order Data Sheet (ODS) for completed detail item description Required Delivery Information: FOB Destination - Bremerton, WA 98314; required delivery date is 2 February 2018. Quote Submission Requirement. See referenced FAR 52.212-1 - Instructions to Offerors for guidance. Submit quote to Jacqueline Edgerton via Email: jacqueline.edgerton@navy.mil by 10:00 am Pacific Standard Time (PST) January 26, 2018. Note that late submission will not be accepted. POC INFORMATION The items are requested by Feb 2, 2018. If you cannot provide the items by this date, please provide the earliest you can deliver the items below in offer response. The Government inspection is QA Level:"E", 7-days inspection time. Offeror Information Required with Response In your responses please provide the following information: VENDOR BUSINESS NAME: (Incl Dba) VENDOR CAGE CODE NUMBER: VENDOR POC NAME: VENDOR E-MAIL ADDRESS: VENDOR PHONE NUMBER: VENDOR BUSINESS SIZE: (b) Is the service being offered exactly as specified within the attached drawings and specifications? Yes No If an alternative to a drawing/specification is being suggested please explain why it is an acceptable alternative to replace the mandatory feature. _____________________________________________________________________________________________ ____________________________________________________________________________________________ _____________________________________________________________________________________________ Delivery date offered, if different than specified : Name of Manufacturer: Country of Origin : Size of Manufacturer : SPECIFICATIONS Standard Warranty The Contractor shall extend to the Government the full coverage of any standard warranty normally offered in a similar sale, provided such warranty is available at no additional cost to the Government. Acceptance of the standard warranty does not waive the Government's rights under any "Inspection" clause that may be in the contract nor does it limit the Government's rights with regard to the other terms and conditions of this contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard warranty. The standard warranty period shall begin upon final acceptance of the applicable material and/or services listed in the Schedule. The Contractor shall provide a copy of its standard warranty (if applicable) with its offer. The warranty covers a period of ______________ months (offeror is to insert number). SPECIFICATIONS C500 Mercury Control Mercury or mercury containing compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this contract. G505 Vendor Disposition of Nonconforming Material Material not in compliance with all contract requirements shall be deemed as nonconforming. Nonconforming material shall either be scrapped and remade to meet all contract requirements, reworked/repaired to meet all requirements, or the vendor may submit a request to the shipyard to allow the nonconforming material be tendered for acceptance. A request for authority to submit nonconforming material shall include a complete description of the nonconformance and an assessment of the impact of the nonconformance on the technical adequacy of the material. In no instance shall nonconforming material be tendered to the shipyard for acceptance without specific shipyard approval. C528 Specification Changes No changes to specifications or other contract technical requirements are allowed without Contracting Officer approval. E2 Inspection and Acceptance (at destination) Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity. Receiving activity shall execute acceptance certificate on the applicable inspection and receiving report form (DD Form 1155, Standard Form 44, DD form 250 or WAWF) and the executed payment copy shall be forwarded to the paying office within four (4) workdays thereafter. PACKAGING MARKING PACKAGING REQUIREMENTS Items shall be protected by wrapping, cushioning, pack compartmentalization, or other means to prevent damage to surface due to shipping or rough handling. CONTAINER MARKING FOR SHIPPING/RECEIVING DOCUMENTS In accordance with Military Standard 129, a packing list shall be included inside and attached outside each box or container packed with unlike items where full description of the contents is not authorized or cannot be shown on the container. No packing list is required for containers having like items. The packing list will contain the following information: •a. Package number and set number (if any) of the container; •b. A list of contents including quantity by item, item description, stock number or part number, type and size, condition of material, unit of issue if other than each, and reference publications and dates of issue when applicable; and •c. Other information in sufficient detail so that article can be replaced. The Contractor's prepared Material Inspection and Receiving Report (DD Form 250) and the Contractor's Packing List, identifying material shipped is to be placed inside the shipping container, or if attached outside on the container, shall be adequately protected from shipping damage. The container shall be prominently marked "PACKING LIST AND DD FORM 250 ENCLOSED." PREPARATION FOR DELIVERY (COMMERCIALLY PACKAGED ITEMS) •(a) Preservation, packaging, and packing shall be in accordance with ASTM-D-3951 (most current edition), "Standard for Commercial Packing." The unity pack quantity that applies to items under this contract is "Industry Standard." •(b) Prohibited Packing Materials. The use of asbestos, excelsior, loose fill polystyrene, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. •(c) Non-Manufactured Wood Packing. All non-manufactured wood utilized in wood pallets and wood containers shall be heat treated to a minimum core temperature of 56 degrees centigrade for 30 minutes and certified by an accredited agency recognized by the American Lumber Standards Committee (ALSC). Refer to www.aphis.uda.gov/ppq/swp/eunmwp.html for wood packing policy, enforcement regulations and accredited agencies. Non-coniferous (hardwood) and manufactured wood, such as particleboard and plywood, are exempt from this requirement. MARKING OF SHIPMENTS (COMMERCIALLY PACKAGED ITEMS) •(i) Marking shall be in accordance with ASTM-D-3951 (most current edition) and with the information set forth in paragraph (ii) below. Unless specified elsewhere in this contract/order, bar coding is not required. •(ii) All unit and exterior containers/packs shall, as a minimum, be marked as follows: •1. National stock number (NSN), when available, or Federal stock number (FSN), when NSN is not available, or Part number when either NSN or FSN are available. •2. Noun nomenclature cited on contract or order. •3. Quantity and unit of issue. •4. Contract, or order number. •5. From: _________________________________________ (Contractor's Name) _______________________________________________ (Address) •6. To: (See delivery Address on page 1 or in Section F) •(iii) Markings may be applied by any means which provide legibility. P A MENT INFORMATION PAYMENT REQUEST FORM: GOVERNMENT PURCHASE CARD (MAY 17, 2017) Please follow the steps below to receive payment via Government-Wide Purchase Card. 1. After product shipment or service is rendered, complete the form below and email or fax to Accounts Payable (A/P). PSNS & IMF Cardholder contact information is below: c600.creditcard.fct@navy.mil Fax: (360) 476-8553 2. An itemized and serialized invoice with the Government Purchase Order number and Delivery Order number (if applicable) clearly indicated on all pages. This is required to be included with this payment request form. 3. FOB Origin, Prepaid, and Prepay & Add sales require evidence of freight paid. Submit copy of freight bill with payment request form. Packaging and handling charges will not be reimbursed. 4. Upon receipt of all required documentation, a Government purchase card holder will contact the contractor's designated person of contact with purchase card information. 5. Code 600 Method of Payment policies does not allow the use of third party card processing companies such as PayPal, Paypro, etc. 6. If a Government card number is necessary for order processing purposes, the vendor can EMAIL or FAX this form and a proforma invoice to A/P to request a cardholder's number. A/P will provide the card information via phone call. * Specify "Order Processing Purposes Request" on the top of the form. * AT NO TIME CAN AN ORDER PROCESSING CARD NUMBER BE CHARGED WITHOUT THE CARDHOLDER'S FINAL AUTHORIZATION. * Failure to receive authorization will result in an immediate request for credit and/or dispute of the transaction. 7. ACCOUNTING INFORMATION: (Purchasing agent to fill in LOA & $$ Info here) ------------------------------------------------------PROFORMA INVOICE----------------------------------------------------- Contract #/Delivery Order #: _________________________________________ Date: ____________________ Contractor Name: _______________________________________________ Address: ______________________________________________________ Point of Contact and Title: _________________________________________ Phone and fax number: _________________________________ E-Mail: ___________________________ Shipment or service date: __________________________________________ Total amount of sale: ______________________________________________ --------------------------------------------GPC AUTHORIZATION---------------------------- (For Government use only) Date: ____________________________ Amount Authorized: _______________________ Name/Phone Number: ______________________________________________ Invoice Number: ________________________________________________ Initials: ________ Comments: ___________________________________________________ DELIVERIES OR PERFORMANCE PROOF OF DELIVERY If United Parcel Service (UPS) or Federal Express services are used for transportation, each package must have a unique package identification number. The Government will not consider the manifest as proof of delivery unless each package can be uniquely identified. Acceptance will occur only after the Government can verify actual receipt of the contact items- - packaged, marked and labeled as required elsewhere in this contract. DELIVERY NOTIFICATION REQUIREMENTS The contractor shall notify the designated point of contact (POC) listed below 24 hours prior to delivery of supplies to Commander Navy Region Northwest (CNRNW) commands listed below. This notification shall include the following information: •a) Name of vendor supplying the material •b) Item(s) to be delivered •c) Name of delivery/drayage contractor delivering item(s) •d) Expected time of delivery •e) Name of driver(s), if known •f) Type of delivery vehicle, if known Notice shall be provided by FAX to the applicable POC listed below: COMMAND POC PHONE FAX Puget Sound Naval Shipyard Central Dispatching 360-476-7346 360-476-8414 Jacqueline Edgerton Email: jacqueline.edgerton@navy.mil Prior notification is not required for regularly scheduled deliveries with badged drivers in trucks with DOD decals. All deliveries to CNRNW commands must pass through the base Truck Inspection Station. All delivery vehicles and any weight handling equipment are subject to inspection. Drivers should expect delays due to heightened security. Drivers entering the Controlled Industrial Area (CIA) within Puget Sound Naval Shipyard and the Operations Area of Naval Base Kitsap-Bangor Annex MUST be United States citizens and should be prepared to provide appropriate proof of U.S. citizenship to security personnel. CLAUSES INCORPORATED BY REFERENCE 52.204-2 Security Requirements AUG 1996 52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law FEB 2016 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-3 Offeror Representations and Certifications--Commercial Items NOV 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information OCT 2016 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7000 Buy American--Balance Of Payments Program Certificate--Basic (Nov 2014) NOV 2014 252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2016) DEC 2016 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Items JUN 2013 CLAUSES INCORPORATED BY FULL TEXT 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: (i) Technical capability of the item offered to meet the Government requirement; (ii) Price Technical and past performance, when combined, are approximately equal to price. (b) 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. (End of Provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 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 and 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: (Contracting Officer check as appropriate.) ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). ____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) ___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). ___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). ____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). ____ (10) [Reserved] ____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a). ____ (ii) Alternate I (NOV 2011) of 52.219-3. ____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ____ (ii) Alternate I (JAN 2011) of 52.219-4. ____ (13) [Reserved] xx (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). ____ (ii) Alternate I (NOV 2011). ____ (iii) Alternate II (NOV 2011). ____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ____ (ii) Alternate I (Oct 1995) of 52.219-7. ____ (iii) Alternate II (Mar 2004) of 52.219-7. ____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). ____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). ____ (ii) Alternate I (Nov 2016) of 52.219-9. ____ (iii) Alternate II (Nov 2016) of 52.219-9. ____ (iv) Alternate III (Nov 2016) of 52.219-9. ____ (v) Alternate IV (Nov 2016) of 52.219-9. ____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). ____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)). ____ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). xx (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)). ____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). ____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). xx (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). xx(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). xx (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). xx (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). __(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). ____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). xx (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). ____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). ____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693). ____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693). ____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (OCT 2015) of 52.223-13. ____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-14. ____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). ____ (ii) Alternate I (Jun 2014) of 52.223-16. XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). ____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693). ____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693). ____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). ____ (ii) Alternate I (JAN 2017) of 52.224-3. ____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. ____ (ii) Alternate I (May 2014) of 52.225-3. ____ (iii) Alternate II (May 2014) of 52.225-3. ____ (iv) Alternate III (May 2014) of 52.225-3. ____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150 ____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ____ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332). ____ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332). XX (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332). ____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). ____ (60)(i) 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). ____ (ii) Alternate I (Apr 2003) of 52.247-64. (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: (Contracting Officer check as appropriate.) _____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). _____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67). _____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67). _____ (6) 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). _____ (7) 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). _____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658). _____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). _____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). _____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (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 (Oct 2015) (41 U.S.C. 3509). (ii) 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)). (iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 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. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). _____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiii) 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.) (xvii) 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 (Oct 2015) (E. O. 12989). (xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvi) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xix) 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. (xx) 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. (End of clause) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): FAR Clauses: http://acquisition.gov/far/ DFARS Clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html (End of provision) 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): 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): FAR Clauses: http://acquisition.gov/far/ DFARS Clauses: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html (End of clause)
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