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This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in Federal Acquisition Regulation (FAR) Subpart 12.6, using Simplified Acquisition Procedures under the test program for commercial items found at FAR 13.5, 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 FEDBIZOPPS (http://www.fbo.gov). The Request For Quote (RFQ) number is N3904018T0075. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-96 and DFARS Change Notice 20171208. 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: http://www.acq.osd.mil/dpap/dfars/index.htm and www.acqnet.gov/far. The NAICS code is 541519 and the Small Business Standard is $27.5 million dollars.
The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 6.302. Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. The proposed requirement and contract is sole sourced to Activu Corporation due to internal copyright issues, proprietary software distribution, and availability of replacement parts. Negotiations are to be conducted with that company. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. The Portsmouth Naval Shipyard requests responses from qualified sources capable of providing: Preventive Maintenance and Repairs and other support in accordance with the maintenance plan. Period of performance: One year from date of contract with options for an additional two years.
CLINs 0001 through 0002: Preventive Maintenance, unplanned repairs and parts for Activu system.
CLINs 1001 through 1002: Option for Preventive Maintenance, unplanned repairs and parts for Activu system.
CLINs 2001 through 2002: Option for Preventive Maintenance, unplanned repairs and parts for Activu system.
The following FAR provisions and clauses are applicable to this procurement:
52.204-2, Security Requirements
52.204-7, System for Award Management
52.212-1, Instructions to Offerors - Commercial Items;
52.212-3 and its ALT I, Offeror Representations and Certifications - Commercial Items;
**52.212-4, Contract Terms and Conditions - Commercial Items,
**52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items including:
52.203-18, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements, Representation
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
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
52.219-28, 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
52.222-36, Affirmative Action for Workers w/Disabilities
52.222-41, Service Contract Labor Standards
52.222-50, Combating Trafficking in Persons
52.223-11, Ozone Depleting Substances
52.223-18, Contractor Policy to Ban Text Messaging while Driving
52.225-13, Restriction on Foreign Purchases
52.232-33, Payment by Electronic Funds Transfer - System for Award Management
52.233-3, Protest After Award
52.233-4, Applicable Law for Breach of Contract Claim
52.204-13, System For Award Management Maintenance
52.204-19, Incorporation by Reference of Representations and Certifications
52.204-21, Basic Safeguarding of Covered Contractor Information Systems
52.209-2, Prohibition on Contracting with Inverted Domestic Corporations, Representations
52.211-14, Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use
52.211-15, Defense Priority and Allocation Requirements
52.213-3, Notice to Suppliers
52.217-9, Option to Extend the Term of the Contract
52.222-22, Previous Contracts and Compliance Reports
52.225-13, Restriction on Foreign Purchases
52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certification
52.232-33, Payment by Electronic Funds Transfer - System for Award Management
52.232-36, Payment by Third Party
52.232-39, Providing Accelerated Payments to Small Business Subcontractors
52.232-40, Unenforceability of Unauthorized Obligations
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements
52.242-15, Stop-Work Order
52.242-17, Government Delay of Work
52.247-34, F. O. B. Destination
52.237-2, Protection of Government Buildings, Equipment, and Vegetation
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
52.253-1, Computer Generated Forms
DFARS Clauses:
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
252.204-7003, Control of Government Personnel Work Product
252.204-7004, Alternate A, System For Award Management
252.204-7005 Oral Attestation of Security Responsibilities
252.204-7008 Compliance With Safeguarding Covered Defense Information
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
252.204-7012, Safeguarding of Unclassified Controlled Technical Information Controls
252.204-7015, Disclosure of Information to Litigation Support Contractors
252.223-7008, Prohibition of Hexavalent Chromium
252.225-7048, Export Controlled Items
252.232-7006, Wide Area Workflow Payment Instructions
252.232-7010, Levies on Contract Payments
252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel
252.244-7000, Subcontracts for Commercial Items
252.247-7023, Transportation of Supplies by Sea
** Denotes comprehensive clauses (i.e., mandatory applicable clauses listed by reference in FAR 52.212-5)
VENDOR ACCESS TO PORTSMOUTH NAVAL SHIPYARD
Vendor access to Portsmouth Naval Shipyard: No person not known to be an American citizen of good standing and repute shall be eligible for access to Portsmouth Naval Shipyard and adjacent areas. Proof of citizenship may be required. Entrance of foreign nationals requires approval. (Ref: SECNAVINST 5510.34)
SAFETY: All representatives who have a need to enter the Controlled Industrial Area, or other areas specifically designated as safety hazardous, should provide themselves with safety head wear to be worn while in the area.
Vendors and/or subcontractors performing work on vendor-owned or government-owned plant facilities and equipment shall ensure that all OSHA safety regulations are followed. Prior to working on the Portsmouth Naval Shipyard, all vendors shall view the Code 106 safety video.
SECURITY: Commercial vehicles (automobiles) must have conspicuous contractor (company) identification (such as magnetic door-type signs) affixed to the outside of the vehicle if it is to enter the Controlled Industrial Area.
OSHA HEALTH & SAFETY CLAUSE (C7F520)
Vendors preparing specifications, designs or drawings for design, modification or procurement of plant facilities and equipment shall ensure that the appropriate OSHA criteria are included. OSHA regulations must be met except when more stringent Navy requirements apply.
RESTRICTIONS ON USE OF YELLOW MATERIAL
Yellow colored items such as those described below are of special significance within the Shipyard and are subject to strict controls. Accordingly, contractors shall not use yellow or orange-yellow colored materials for the following purposes: protective clothing, hoods, sheeting, tarpaulins, polyethylene bottles or other containers, tapes, bags, banding, identification marks on tools, boundary markers, ribbons, vent ducts, etc. Contractor generated yellow colored waste shall be disposed of by the Contractor off-yard. Shipyard refuse containers shall not be used for disposal of yellow colored waste materials. Yellow colored contract generated debris shall be bagged in non-translucent containers, and promptly removed from the Portsmouth Naval Shipyard.
All Contractor employees performing work within the Portsmouth Naval Shipyard must view a radiological video. Contractor employees who are expected to be on the Shipyard for greater than thirty (30) calendar days must attend a one-half hour indoctrination briefing. Attendance at the briefing will be required prior to being issued a permanent Shipyard badge. The indoctrination briefing will provide radiological fundamentals and information on radiological postings and controls at the Portsmouth Naval Shipyard.
RADIOLOGICAL POSTINGS AND INSTRUCTIONS
Any contractor employee who disregards, alters, moves or otherwise tampers with a radiological posting, or who disobeys a radiological instruction, will not be allowed to continue working at the Portsmouth Naval Shipyard.
All contractors, vendors or repair personnel shall be responsible for removal from the Portsmouth Naval Shipyard, any appliances, bulbs, lamps or other devices which they replace that contain hazardous chemicals or materials.
CONSIGNMENT INSTRUCTIONS FOR DELIVERIES TO THE PORTSMOUTH NAVAL SHIPYARD
Consign Parcel Post shipments to Portsmouth, NH 03801.
Consign all truck shipments, and rail shipments of 10,000 lbs. and over to Kittery, Maine via Portsmouth, NH. Consign Air Shipments to Receiving Officer, Portsmouth Naval Shipyard, Kittery, Maine.
Mark shipping documents "Notify Receiving Officer, Portsmouth Naval Shipyard prior to arrival for delivery instructions. Telephone (207) 438-5521/5206".
NOTICE: CARRIER'S DRIVERS ENTERING PORTSMOUTH NAVAL SHIPYARD MUST BE UNITED STATES CITIZENS BY BIRTH OR MUST CARRY EVIDENCE OF NATURALIZATION.
Except by special arrangement, shipments will be received only between the hours of 7:30 AM and 3:00 PM local time, Monday through Friday. (Federal Holidays excepted.)
Contracting Officer's point of contact is:
Gisela Gauthier, Code 410 Tel: 207-438-3874, [email protected]
Fax: 207-438-4193
CORRESPONDENCE:
For mail sent by United States Postal Service, address correspondence to Portsmouth, NH 03801 as shown in the "Issued by" block on Page 1. Communications subject to strict time constraints should be made via e-mail or fax, rather than via U.S. Postal Service. Correspondence sent by other carriers, e.g. FedEx, UPS, etc., should be addressed to:
Contract Division, Code 410
EB-4
Portsmouth Naval Shipyard
Kittery, ME 03904
This notice will close at 14:00 PM EDT on January 2, 2018. Contact Gisela Gauthier, who can be reached via email: [email protected]. Oral communications are not acceptable in response to this notice. Interested parties may submit a statement describing their capabilities which shall be considered by the agency.