Active

Contract Opportunity

Procurement Technical Assistance Centers (PTACs) are an official government contracting resource for small businesses. Find your local PTAC (opens in new window) for free government expertise related to contract opportunities.

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12, using Simplified Acquisition Procedures, 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 BetaSAM. The Request for Quotation (RFQ) number is N39040PSE2449. This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-01 and DFARS Change Notice 2022-1230. 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:

https://www.acquisition.gov/browse/index/far and http://www.acq.osd.mil/dpap/dars/change_notices.html.

The NAICS code is 532490 and the Small Business Standard is $35 million. This is a Brand Name Mandatory solicitation.

This requirement is a BRAND NAME MANDATORY, Small Business Set Aside solicitation.

The Portsmouth Naval Shipyard requests responses from sources capable of providing the following:

The rental of a (6) JLG Manlifts, in accordance with the attached Request for Quote and Statement of Work.

See attached Request for Quotation (RFQ) sheet for details.

• Place of Performance: Naval Base Point Loma, San Diego CA.

• Period of Performance Start of 03/09/23 is being requested. See Request for Quote for further Period of Performance information.

CLAUSES:

This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-01 and DFARS Change Notice 2022-1230. 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:

https://www.acquisition.gov/browse/index/far and http://www.acq.osd.mil/dpap/dars/change_notices.html.

Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. The following FAR provisions and clauses are applicable to this procurement:

P 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. {MUST BE FILLED IN}

The Offeror the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(a) Definitions. As used in this clause—

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders

Automatically Included in 52.212-5:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

Also Included in 52.212-5:

52.219-6 Notice of Total Small Business Set-Aside

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

52.222-50 Combating Trafficking in Persons

52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

52.225-13 Restrictions on Certain Foreign Purchases

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

52.204-7 System for Award Management

52.204-8 Annual Representations and Certifications

52.204-13 System for Award Management Maintenance

52.204-16 Commercial and Government Entity Code Reporting

52.204-17 Ownership or Control of Offeror

52.204-18 Commercial and Government Entity Code Maintenance

52.204-19 Incorporation by Reference of Representations and Certifications.

52.204-20 Predecessor of Offeror

52.204-22 Alternative Line Item Proposal

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-26 Covered Telecommunications Equipment or Services Representation

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law

52.211-6 Brand Name or Equal

52.211-14 Notice Of Priority Rating For National Defense, Emergency Preparedness, and Energy Program Use

52.211-15 Defense Priority and Allocation Requirements

52.212-3 ALT I Offeror Representations and Certifications—Commercial Items--Alternate I

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

52.217-5 Evaluation of Options

52.217-9 Option to Extend the Term of the Contract

52.222-3 Convict Labor

52.222-50 Combating Trafficking in Persons

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

52.223-22 Public Disclosure Gas Emissions and Reduction Goals-Representation

52.225-13 Restrictions on Certain Foreign Purchases

52.232-8 Discounts for Prompt Payment

52.232-33 Payment by Electronic Funds Transfer—System for Award Management

52.232-36 Payment by Third Party

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-1 Disputes

52.233-3 Protest after Award

52.233-4 Applicable Law for Breach of Contract Claim

52.243-1 Changes—Fixed Price

52.246-2 Inspection of Supplies—Fixed Price

52.247-34 F.O.B. Destination

52.249-1 Termination for Convenience of the Government (Fixed-Price)(Short Form)

52.252-1 Solicitation Provisions Incorporated By Reference

52.252-2 Clauses Incorporated By Reference

52.252-5 Authorized Deviations in Provisions

52.252-6 Authorized Deviations in Clauses

All clauses shall be incorporated by reference in the order. Additional DFARS contract terms and conditions applicable to this procurement are:

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.203-7005 Representation Relating to Compensation of Former DoD Officials

252.204-7006 Billing Instructions

252.204-7007 Alternate A, Annual Representations and Certifications

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

252.223-7008 Prohibition of Hexavalent Chromium

252.225-7048 Export-Controlled Items

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7006 Wide Area WorkFlow Payment Instructions

252.243-7001 Pricing of Contract Modifications

252.244-7000 Subcontracts for Commercial Items

252.247-7023 Transportation of Supplies by Sea

Billing (G):

252.204-7006 Billing Instructions

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7006 Wide Area WorkFlow Payment Instructions

C-202-H001 ADDITIONAL DEFINITIONS--BASIC (NAVSEA) (OCT 2018)

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES

(NAVSEA)(OCT 2018)

C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

C-211-W001 REPLACEMENT PARTS AVAILABILITY (NAVSEA) (OCT 2018)

C-247-H001 PERMITS AND RESPONSIBILITIES (NAVSEA) (DEC 2018)

D-247-H002 PACKAGING OF SUPPLIES--BASIC (NAVSEA) (DEC 2020)

D-247-W001 PROHIBITED PACKING MATERIALS (NAVSEA) (OCT 2018)

E-246-H016 INSPECTION AND ACCEPTANCE OF F.O.B. DESTINATION DELIVERIES (OCT

2018)

F-242-H001 CONTRACTORS NOTICE REGARDING LATE DELIVERY (NAVSEA) (OCT 2018)

G-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT

OFFICE (NAVSEA) (JUN 2018)

G-232-H004 GOVERNMENT PURCHASE CARD METHOD OF PAY (NAVSEA) (OCT 2018)

G-232-H005 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN

2019)

G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND

RESPONSIBILITIES (NAVSEA) (OCT 2018)

G-242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (OCT 2018)

52.212-2, Evaluation - Commercial Items is applicable to this procurement.

The Government will award a contract resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The contract will be awarded to the vendor with the Lowest Price Technically Acceptable. Quotes will be evaluated based on the following criteria:

- Technical Acceptability (Must meet specifications and document capabilities)

- Adherence to Schedule (Award may be made based on delivery and ability to meet the requested schedule)

- Price (Lowest Price Technically Acceptable, after adherence to other factors)

Vendors will be required to submit a quote that will be evaluated in accordance with the specifications provided in the solicitation, FAR 52.212-1 Instruction to Offerors. Failure to include pricing for all line items shall be cause for rejection of the quote for all line items.

All quotes shall include price(s), a point of contact, name, email address, phone/FAX number, CAGE Code, technical specifications of units offered (including brand), business size under the NAICS Code, and payment terms. At a minimum, quotes shall contain the completed RFQ form (attached). Each response must clearly indicate the capability of the vendor to meet all specifications and requirements.

Technical:

Please provide documentation demonstrating your capabilities in fulfilling the SOW.

If the technical submittal is determined “Unacceptable”, it renders the entire quote technically unacceptable. Technical submissions that do not meet the minimum requirements will be rated as “Unacceptable” and will no longer be considered for further competition or award.

Schedule:

Please confirm availability for requested period of performance. If your company is unavailable for the requested period, please provide earliest available start. Please provide your best and fastest schedule. Award may be made to the vendor who can provide the soonest execution.

Price:

The Price will be evaluated as Lowest Price Technically Acceptable, however, the Contracting Officer reserves the right to award based on ability to meet the required schedule.

Past Performance:

PPIRS/CPARS information will be utilized to evaluate Past Performance and be rated on an acceptable/unacceptable basis. Vendors with no past performance information in the systems will be rated as “Acceptable”.

This announcement will close at 03:00 PM ET local time on 15 February 2023. Contact Gordon Roberts who can be reached by email Gordon.j.roberts1@navy.mil

******* End of Combined Synopsis/Solicitation ********

Attachments/Links