5/12/16 AMENDMENT 0001: This amendment is issued to change the NAICS from 334310 to 334220, Radio and Television Broadcasting and Wireless Communications Equipment, with a business size standard of 1250 employees. This amendment also provides Questions and Answers (see attachment entitled "Solicitaiton H92244-16-T-0152 Questions and Answers #1.") This amendment also extends the closing deadline from 10:00 AM Eastern Standard Time (EST) on 13 May 2016 to 10:00 AM Eastern Standard Time (EST) on 17 May 2016. All other terms and conditions remain the same. ************************ This is a Combined Synopsis/Solicitation for Commercial Items in accordance with the format prescribed in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items; and FAR Part 13, Simplified Acquisition Procedures; as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written formal solicitation will not be issued. The solicitation is being issued as a Request for Quote (RFQ); solicitation number is H92244-16-T-0152, 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 2005-87 effective 06 APRIL 2016 and DFARS DPN 20160325 effective 25 MARCH 2016. This procurement is 100% small business set-aside and the associated North American Industry Classification System (NAICS) code is 334310 with a business size standard of 750 employees. The DPAS rating for this procurement is DO-C9. By submission of its quote, the vendor accepts all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in a quote being excluded from competition and not evaluated any further. Vendors must clearly identify any exception to the solicitation and conditions and provide complete accompanying rationale. Participating vendors must be registered at www.sam.gov, as small businesses under the NAICS code listed above or provide self-certification with their quote. The Naval Special Warfare Development Group (NSWDG) has a requirement to procure the following: 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 PT70000 SERIES CAPABLE PAGING TRANSMITTER 100 WATT FULL REDUNDANT SINGLE SITE WITH BATTERY BACKUP EQUIPMENT QTY: 1 GROUP CLIN 0002 TWO (2) NEW ANTENNA AND RF TRANSMISSION LINE SYSTEM, ZETRON M2200 UPGRADE TWO (2) TNPP CARDS, EXISTING ZETRON TERMINALS RELOCATION, RF PROPOGATION MAP QTY: 1 GROUP CLIN 0003 EQUIPMENT INSTALLATION, OPTIMIZING AND TESTING QTY: 1 GROUP Following Clauses and Provisions apply to this procurement: FAR 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law Feb 2016 FAR 52.211-6 Brand Name or Equal Aug 1999 FAR 52.211-14 Notice of Priority Rating for National Defense Emergency Preparedness & Energy Program Use Apr 2008 FAR 52.212-1 Instructions to Offerors - Commercial Items Oct 2015 FAR 52.212-3 Offeror Representations and Certifications - Commercial Items Alternate I (Oct 2014) Apr 2016 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 offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers in descending order of importance: Technical ability to meet specifications, past performance and price. The contractor shall provide the training program details for evaluation. Offerors shall provide name, title and phone number of principal for no less than three prior or current contracts for similar services performed during the previous three years. To be technically acceptable, the submitting offeror must submit relevant and current past performance in ALL areas noted in this combined synopsis/solicitation. The Government will evaluate each offeror's experience on the basis of its depth and its relevance to the work that will be required under the prospective contract. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of 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. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items Mar 2016 (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 (Nov 2015) (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 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Oct 2015 FAR 52.209-6 Protecting the Governments Interest When Subcontracting With Contractors Debarred, Suspended or Proposed for Debarment Oct 2015 FAR 52.219-6 Notice of Total Small Business Set-Aside Nov 2011 FAR 52.219-28 Post Award Small Business Program Rerepresentation Jul 2013 FAR 52.222-3 Convict Labor Jun 2003 FAR 52.222-19 Child Labor - Cooperation with Authorities and Remedies Feb 2016 FAR 52.222-21 Prohibition Of Segregated Facilities Apr 2015 FAR 52.222-26 Equal Opportunity Apr 2015 FAR 52.222-35 Equal Opportunity for Veterans Oct 2015 FAR 52.222-36 Affirmative Action For Workers With Disabilities Jul 2014 FAR 52.222-37 Employment Reports on Veterans Feb 2016 FAR 52.222-50 Combating Trafficking in Persons Mar 2015 FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Aug 2011 FAR 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management Jul 2013 (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 (Oct 2015) (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 (Oct 2015) (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 (Feb 2016) (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 (Oct 2015). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Mar 2016) (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 52.228-5 Insurance-Work on a Government Installation Jan 1997 FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 FAR 52.237-2 Protection of Government Buildings, Equipment and Vegetation Apr 1984 FAR 52.247-34 F.o.b. Destination Nov 1991 FAR 52.252-2 Clauses Incorporated By Reference Feb 1998 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.farsite.hill.af.mil http://www.arnet.gov/far/ http://www.acqnet.gov.far FAR 52.252-5 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 252.204-7012 Safeguarding Covered Defense Information & Cyber Incident Reporting Dec 2015 DFARS 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System- Statistical Reporting in Past Performance Evaluations Jun 2015 DFARS 252.225-7000 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 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.209-7991 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felonly Conviction under any Federal Law- Fiscal Year 2016 Appropriations Oct 2015 (a) In accordance with sections 101 (a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in 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 5652.204-9004 Foreign Persons Jan 2006 In accordance with restrictions required by Executive Order 12470, the Arms Export Control Act (Title 22, USC) (Sec 275), the International Traffic in Arms Regulation (ITAR), or DoD Directive 5230.25, Withholding of Unclassified Technical Data from Public Disclosure, no foreign persons will be permitted to work on a contract without notifying the Contracting Officer. Provide the following information for all foreign persons who will be working on the contract (or "X" here if there are no such individuals: ____): (1) Full Name: (2) Date of Birth: (3) Place of Birth: (4) Nationality: (5) Social Security Number: (6) Visa Status: (7) Current Address: (8) If a Subcontractor, Subcontractor Name and Address: (9) Biographic data and/or resume: 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 5652.228-9000 Required Insurance (2003) Section G The kinds and minimum amounts of insurance required in accordance with FAR 52.228-5 "Insurance-Work on a Government Installation" are as follows: TYPE AMOUNT Automobile Bodily Injury Liability $200,000 per person/$500,000 per occurrence (example); as required by federal and State Statues Property Damage Liability $20,000 per occurrence (example); as required by federal and State Statues Workers Compensation & Occupational Disease As required by federal and State Statues Employer's Liability $100,000 (example); as required by federal and State Statues (Revised December 2011) SOFARS 5652.233-9000 Independent Review for Agency Protests Jan 2013 All protests shall be submitted through the Contracting Officer. A request for an independent review of the protest decision shall be made through the Contracting Officer to the HCD/FCO. If the HCD/FCO is the Contracting Officer, submit the request in accordance with FAR 33.103(d)(4) to: Chief, SOF-AT&L-KM or SOF-AT&L-KX as appropriate, 7701 Tampa Point Blvd., MacDill AFB, FL 33621, Fax (813) 826-7504. Offerors must scrutinize this solicitation and ensure their quotes and submissions comply with all requirements. It is not sufficient to merely state your quote complies with the solicitation requirements. You must clearly identify how your quote meets ALL of the solicitation requirements. In order to ensure that all questions submitted by potential vendors are answered prior to the solicitation closing date, all questions concerning the solicitation should be submitted via e-mail to Courtney Greco at
[email protected] no later than 10:00 AM Eastern Standard Time (EST) on 11 May 2016. The Government reserves the right not to respond to any questions received concerning this solicitation after the questions receipt date above. No direct discussion between the technical representative and a prospective quoter shall be conducted. Quotes must be received no later than 10:00 AM Eastern Standard Time (EST) on 13 May 2016. 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 shall be emailed to Courtney Greco at
[email protected]. (END OF SYNOPSIS/SOLICITATION DOCUMENT)