PRESOL | 81 | ISO CONTAINERS | 28-May-11

FBO DAILY ISSUE OF MAY 28, 2011 FBO #3472
SOLICITATION NOTICE

81 -- ISO CONTAINERS

Notice Date: 5/26/2011
Notice Type: Combined Synopsis/Solicitation
NAICS: 332311 — Prefabricated Metal Building and Component Manufacturing
Contracting Office: N00244 FISC SAN DIEGO PORT HUENEM DETACHMENT 3350 PATTERSON ROAD Bldg 801 PORT HUENEME, CA
ZIP Code: 00000
Solicitation Number: N0024411T0220
Response Due: 6/28/2011
Archive Date: 7/13/2011
Point of Contact: Lenette Santana 805-982-2193
E-Mail Address: POC email
(lenette.santana@navy.mil)
Small Business Set-Aside: Total Small Business
Description: This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in 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 both FEDBIZOPPS and NECO (http://www.neco.navy.mil/). The RFQ number is N00244-11-T-0220. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-50 and DFARS Change Notice 201100518. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: www.acqnet.gov/far and http://www.acq.osd.mil/dpap/dfars/index.htm. The NAICS code is 332311 and the Small Business Standard is 500 employees. The proposed contract is 100% set aside for small business concerns. The Fleet Industrial Supply Center San Diego Port Hueneme Office requests responses from qualified sources capable of providing: ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 00019Each$____________ ISO CONTAINER ARMORY TRICON STEEL FFP 8 ™ LONG X 8 ™ HIGH X 6-1/2 ™ WIDE WITH USN OWNERSHIP ISO NUMBERS. CONTAINERS IN ACCORDANCE WITH MIL-DTL-28689C WITH NAVFAC DRAWING 6304169 NSN 8145-01-287-8563 EXCEPTIONS AND MODIFICATIONS: 3.4.3 SCUFF BOARDS. 3.4.4 FLOOR CONSTRUCTION. CHANGE TO: THE FLOOR SHALL BE DESIGNED AND INSTALLED TO MEET REQUIREMENTS AND LOADING IN ACCORDANCE WITH ISO 1496-1. 3.4.12 TIE DOWN RODS. NOT REQUIRED 3.4.14 POWER SUPPLY CORD PORT. EACH CONTAINER SHALL HAVE A POWER SUPPLY CORD PORT. THE POWER SUPPLY PORT SHALL BE LOCATED APPROXIMATELY AT THE MIDPOINT OF THE END WALL. POWER SUPPLY CORD PORT SHALL BE LOCATED IN SUCH A MANNER THAT IT WILL NOT INTERFERE WITH OR BE COVERED BY THE CABINETS, RIFLE, RACKS, OR CABINETS DOORS. POWER SUPPLY PORT SHALL CONSIST OF A 2 INCH (55mm) INSIDE DIAMETER PIPE NIPPLE, INSERTED INTO AN APPROXIMATELY SIZED HOLE THROUGH AND WELDED TO THE CREST OF THE CORRUGATION OF THE END WALL. AN INTERNAL FELLER PLUG SHALL BE PROVIDED TO MAKE A WEATHERPROOF SEAL. 3.4.15 CONTAINER VENTS: ALL CONTAINERS SHALL HAVE A PASSIVE VENTING SYSTEM. THE VENTING SYSTEM SHALL DISSIPATE CONDENSED MOISTURE WITHIN THE CONTAINER DURING FIELD OPERATIONS. THE VENTING SYSTEM SHALL BE SIMILAR TO COMMONLY USED VENTING SYSTEMS IN COMMERCIAL ISO CONTAINERS. A VENT COVER SHALL BE AN INTEGRAL PART OF THE VENT. THE VENTS SHALL BE CAPABLE OF BEING OPENED AND CLOSED FROM THE OUTSIDE WITHOUT THE USE OF TOOLS. TWO VENTS SHALL BE LOCATED IN EACH SIDEWALL, AT OPPOSITE END OF THE CONTAINERS. VENTS SHALL BE LOCATED AS CLOSE TO THE TOP OF THE WALL AS PRACTICAL. THE VENTING SYSTEM SHALL NOT VIOLATE ISO ENVELOPE REQUIREMENTS, NOR SHALL THE VENTS PROTRUDE INTO THE INTERIOR TIE-BAR SYSTEM. THE VENTS WHEN OPEN SHALL NOT PERMIT WIND DRIVEN RAIN OR SPLASH TO ENTER THE CONTAINERS. THE VENT, WHEN CLOSED SHALL FORM A TIGHT SEAL. THE GASKET MATERIAL SHALL BE MECHANICALLY FASTENED TO THE VENT. GASKET MATERIAL SHALL NOT BE PAINTED. 3.8.1 INTERIOR PAINTING. THE PRIMER COAT SHALL BE ONE THAT IS COMMERCIALLY OFFERED BY THE CONTAINER MANUFACTURER. THE INTERIOR FINISH COLOR SHALL BE PAINTED SAND. THE FINAL COATING THICKNESS SHALL BE IN ACCORDANCE WITH THE MANUFACTURER ™S STANDARD PRACTICE. 3.8.2 EXTERIOR PAINTING. THE PRIMER COAT SHALL BE ONE THAT IS COMMERCIALLY OFFERED BY THE CONTAINER MANUFACTURER. THE EXTERIOR FINISH COLOR SHALL BE OLIVE DRAB 34096, FED-STD-595. THE FINAL COATING THICKNESS SHALL BE IN ACCORDANCE WITH THE MANUFACTURER ™S STANDARD PRACTICE. ADD: 3.9.1.1 DATA PLATE. A NONFERROUS METAL DATA PLATE CONFORMING TO A-A-50271 SHALL BE AFFIXED TO THE CENTER OF THE EXTERNAL SURFACE OF THE RIGHT HAND DOOR. THE METHOD OF ATTACHMENT SHALL BE EITHER RIVETING OR BOLTING. THE DATA SUPPLIED ON THE PLATE SHALL BE AS FOLLOWS: U.S. NAVY CONTAINER SHIPPING AND STORAGE, STEEL WALL (TYPE 1) SPECIFICATION MIL-DTL-28689C (1997) NSN: 8145-01-287-8563 ISO CONTAINER CONTROL NUMBER:_________________________ TARE WEIGHT: ___________LBS____________________KG CONTRACT NUMBER: MFG BY:___________________________________________________ DATE: (MONTH AND YEAR) ALL OTHER REQUIREMENTS OF MIL-DTL-28689C REMAIN THE SAME. CONTAINER SHALL CONFORM TO ISO 668 AND ISO 1496-1. CARGO CONTAINERS ARE TO BE NEW AND UNUSED. MANIFEST BOX (2) EACH TO BE INCLUDED (ONE INSIDE AND ONE OUTSIDE). Unless specified elsewhere, One (1) Set of Manuals required per unit. DESTINATION(S): (EQUIPMENT) 9 UNITS(S) TO: RECEIVING OFFICER MARITIME EXPEDITIONARY SECURITY GROUP TWO BURTONS POINT ROAD, BLDG 383 POC: CMC ALAN WUJCIK (757) 396-0443 PORTSMOUTH, VA 23709-5000 ALAN.WUJCIK@NAVY.MIL TCN N62583-1098-X310 ITEM UNIQUE IDENTIFICATION (IUID): Marking of major end items, reporting and registration per DFARS Clause 252.211-7003, Item Identification and valuation, Reference MIL-STD-130N SPECIAL INSTRUCTIONS: The following notation must be shown on all orders, contracts, bills of landing, correspondence, crates, boxes, shipment markings, DD-250 ™s etc. pertaining to procurement and shipment of this equipment: œN62583-11-RC-NF310 ITEM NOSUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT 00028Each$___________ CONTAINER CONFIGURED FFP 4A/4B 20'L X 8'W X 8'H ISO CONTAINER, CONFIGURED WITH SHELVES/CABINETS CONFIGURATION 4A/4B WITH USN OWNERSHIP ISO NUMBERS FOB: Destination NSN: 8145-01-287-3295 CONTAINER SHALL CONFORM TO ISO 668 & ISO 1496-1, CARGO CONTAINERS ARE TO BE NEW AND UNUSED. CONFIGURATION NUMBER IDENTIFIED WITH œA SUFFIX (4A) IS INSTALLED ON THE RIGHT SIDE OF THE CONTAINER AS VIEWED FROM THE CONTAINER ENTRANCE. CONFIGURATION WITH A œB SUFFIX (4B) IS INSTALLED ON THE LEFT SIDE OF THE CONTAINER AS VIEWED FROM THE CONTAINER ENTRANCE. MANIFEST BOX (2) EACH TO BE INCLUDED (ONE INSIDE AND ONE OUTSIDE) CONTAINER IN ACCORDANCE WITH COMMERCIAL ITEM DESCRIPTION (CID) A-A-59272, CONTAINER, CARGO END AND SIDE OPENING WITH FOLLOWING EXCEPTIONS/MODIFICATIONS (ALL OTHER REQUIREMENTS OF A-A-59272): 3.3.2.1 - SIDE AND END WALLS “ CORRUGATED CONSTRUCTION ONLY I/L/O OF œCORRUGATED OR SMOOTH SKIN CONSTRUCTION . 3.3.6 “ FORKLIFT POCKETS œUSE 8 ™ TINES ONLY AND œINNER POCKETS ARE FOR HANDLING UNLOADED CONTAINERS ONLY SHALL BE STENCILED I/L/O œEMPTY LIFT ONLY . LETTERS SHALL BE 2 HIGH. 3.3.10.2 “TOP COAT “ THE EXTERIOR FINISH SHALL BE PAINTED IN COLOR OLIVE DRAB 34096, FED-STD-595( I/L/O LUSTERLESS DESERT TAN), WITH AN INTERIOR FINISH COLOR SHALL BE PAINTED DESERT TAN (I/L/O LIGHT GRAY.) 3.3.11 “ EXTERIOR MARKINGS “ (ADD) ALL MARKINGS ARE TO BE COLOR WHITE. 3.3.11.1 “ SIDEWALL MARKINGS “ œU.S. NAVY SEABEE CONTAINER SHALL BE STENCILED OR LETTER DECALED ON EACH SIDE WALL OF THE CONTAINER I/L/O œPROPERTY OF U.S. ARMY . 3.3.11.2 “ FORCE PROVIDE EMBLEM. NOT REQUIRED\ 3.3.11.2.1 EMBLEM DESIGN. NOT REQUIRED. 3.3.14 “ CONSOLIDATED DATA PLATE NOT REQUIRED. SHELVES/CABINETS IN ACCORDANCE WITH DETAIL SPECIFICATION MIL-DTL-28689C AND NAVFAC DRAWING 6028534, WITH THE FOLLOWING EXCEPTIONS: 3.4.14 POWER SUPPLY CORD PORT: EACH CONTAINER SHALL HAVE A POWER SUPPLY CORD PORT. THE POWER SUPPLY PORT SHALL BE LOCATED APPROXIMATELY AT THE MIDPOINT OF THE END WALL. POWER SUPPLY CORD PORT SHALL BE LOCATED IN SUCH A MANNER THAT IT WILL NOT INTERFERE WITH OR BE COVERED BY THE CABINETS, RIFLE, RACKS, OR CABINETS DOORS. POWER SUPPLY CORD PORT SHALL CONSIST OF A 2 INCH (55MM) INSIDE DIAMETER PIPE NIPPLE, INSERTED INTO AN APPROXIMATELY SIZED HOLE THROUGH AND WELDED TO THE CREST OF THE CORRUGATION OF THE END WALL. AN INTERNAL FELLER PLUG SHALL BE PROVIDED TO MAKE A WEATHERPROOF SEAL. 3.4.15 CONTAINER VENTS: ALL CONTAINERS SHALL HAVE A PASSIVE VENTING SYSTEM. THE VENTING SYSTEM SHALL DISSIPATE CONDENSED MOISTURE WITHIN THE CONTAINER DURING FIELD OPERATIONS. THE VENTING SYSTEM SHALL BE SIMILAR TO COMMONLY USED VENTING SYSTEMS IN COMMERCIAL ISO CONTAINERS. A VENT COVER SHALL BE AN INTEGRAL PART OF THE VENT. THE VENTS SHALL BE CAPABLE OF BEING OPENED AND CLOSED FROM THE OUTSIDE WITHOUT THE USE OF TOOLS. TWO VENTS SHALL BE LOCATED IN EACH SIDEWALL, AT OPPOSITE END OF THE CONTAINERS. VENTS SHALL BE LOCATED AS CLOSE TO THE TOP OF THE WALL AS PRACTICAL. THE VENTING SYSTEM SHALL NOT VIOLATE ISO ENVELOPE REQUIREMENTS, NOR SHALL THE VENTS PROTRUDE INTO THE INTERIOR TIE-BAR SYSTEM. THE VENTS WHEN OPEN SHALL NOT PERMIT WIND DRIVEN RAIN OR SPLASH TO ENTER THE CONTAINERS. THE VENT, WHEN CLOSED SHALL FORM A TIGHT SEAL. THE GASKET MATERIAL SHALL BE MECHANICALLY FASTENED TO THE VENT. GASKET MATERIAL SHALL NOT BE PAINTED. 3.8.3 CABINETRY PAINTING “ THE CABINETS SHALL BE PAINTED IN ACCORDANCE WITH MANUFACTURERS STANDARD PRACTICE; COLOR SHALL BE MANUFACTURER STANDARD BEIGE. 3.9.1.1 DATA PLATES: A NONFERROUS METAL DATA PLATE CONFORMING TO A-A-50271 SHALL BE AFFIXED TO THE CENTER OF THE EXTERNAL SURFACE OF THE RIGHT HAND DOOR. THE METHOD OF ATTACHMENT SHALL BE EITHER RIVETING OR BOLTING. THE DATA SUPPLIED ON THE PLATE SHALL BE AS FOLLOWS: U. S. NAVY CONTAINER SHIPPING AND STORAGE, STEEL WALL (TYPE 1) SPECIFICATION A-A-59272 (2003) MIL-DTL-28689C (1997) NSN: 8145-01-287-3295 ISO CONTAINER CONTROL NUMBER:_________________________ TARE WEIGHT: ___________LBS_____________________KG CONTRACT NUMBER: MFG BY:___________________________________________________ DATE: (month and year) 3.9.1.3 CSC PLATES. CSC SAFETY APPROVAL PLATE CONFORMING TO 49 CFR 451, SUBPART C, WITH APPROPRIATE INFORMATION STAMPED, ETCHED, OR ENGRAVED ON IT SHALL BE RIVETED OR BOLTED TO THE LOWER LEFT CORNER OF THE EXTERIOR FACE OF THE LEFT HAND DOOR OF EACH CONTAINER. Unless specified elsewhere, One (1) Set of Manuals required per unit. DESTINATION(S):(EQUIPMENT) 4 UNIT(S) TO:RECEIVING OFFCIER AMPHIBIOUS CONTSTRUCTION BATTALION ONE NAVAL AMPHIBIOUS BASE CORONADO 2524 ENIWETOK ROAD POC: CRAIG BELLAVANCE (619)204-8867 SAN DIEGO, CA 92155-5200 TCN N55104-1101-X309 4 UNIT(S) TO:RECEIVING OFFCIER AMPHIBIOUS CONTSTRUCTION BATTALION TWO NAVAL AMPHIBIOUS BASE LITTLE CREEK 1815 SEABEE DRIVE POC: ROBERT KIRGAN (757)537-1357 NORFOLK, VA 23521-2928 TCN N55105-1101-X309 ITEM UNIQUE IDENTIFICATION (IUID): Marking of major end items, reporting and registration per DFARS Clause 252.211-7003, Item Identification and valuation, Reference MIL-STD-130N SPECIAL INSTRUCTIONS: The following notation must be shown on all orders, contracts, bills of landing, correspondence, crates, boxes, shipment markings, DD-250 ™s etc. pertaining to procurement and shipment of this equipment: œN62583-11-RC-NF309 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 provision and clauses are applicable to this procurement: 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 (APR 2011) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (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) (Pub. L. 108-77, 108-78). (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 (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act ”Reporting Requirements (JUL 2010) (Pub. L. 111-5). ___ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). ___ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (JAN 2011) (15 U.S.C. 657a). ___ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). ___ (9) [Reserved]. X___ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (JUNE 2003) (15 U.S.C. 644). ___ (ii) Alternate I (OCT 1995) of 52.219-6. ___ (iii) Alternate II (MAR 2004) of 52.219-6. ___ (11)(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. ___ (12) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637 (d)(2) and (3)). ___ (13)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)). ___ (ii) Alternate I (OCT 2001) of 52.219-9 ___ (iii) Alternate II (OCT 2001) of 52.219-9. ___ (iv) Alternate III (JUL 2010) of 52.219-9. ___ (14) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)). ___ (15) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (JUNE 2003) of 52.219-23. ___ (17) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (18) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (U.S.C. 657 f). ___ (20) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)). ___ (21) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2011). ___ (22) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2011). ___ (23) 52.222-3, Convict Labor (JUNE 2003) (E.O. 11755). ___ (24) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JUL 2010) (E.O. 13126). _X__ (25) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). _X__ (26) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). _X__ (27) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). _X__ (28) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). __X__ (29) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ____ (30) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). ___ (31) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). ___ (32) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 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.) ___ (33) (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.) ___ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) ___ (35)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). ___ (ii) Alternate I (DEC 2007) of 52.223-16.. _X__ (36) 52.223-18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513). _X__ (37) 52.225-1, Buy American Act--Supplies (JUNE 2003) (41 U.S.C. 10a-10d). _X__ (38)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). ___ (ii) Alternate I (JAN 2004) of 52.225-3. ___ (iii) Alternate II (JAN 2004) of 52.225-3. ___ (39) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (40) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (43) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)) ___ (44) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X__ (45) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). ___ (46) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332) ___ (47) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). ___ (48) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). ___ (49)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.) ____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ____ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). ____ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). ____ (8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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) Reserved. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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) Additional contract terms and conditions applicable to this procurement are: 52.247-34 FOB Destination DFARS 252.212-7000, Offeror Representations and Certifications - Commercial Items; DFARS 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to DFARS 252.225-7001, Buy American Act and Balance of Payments program; DFARS 252.225-7020 “ Trade Agreements Certificate; DFARS 252.225-7021 “ Trade Agreements; DFARS 252.232-7003, Electronic Submission of Payment Request “ CCR; 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (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 factors are listed in order of importance. Non-price evaluation factors, when combined, would be significantly more important than Price. The following factors shall be used to evaluate offers: (I) TECHNICAL CAPABILITY OF PROPOSED ITEM TO MEET THE REQUIREMENT (II) PAST PERFORMANCE (III) PRICE The Government intends to make award on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for Factor (i) and Factor (ii), the two non-price factors. (The Government will not, however, provide additional credit for those proposals that may exceed the standards.) Offerors proposals will be evaluated under Factor (i) above, which represents minimum acceptable criteria. Under this factor, the Government will rate the products offered as either technically acceptable or unacceptable. Failure to meet the minimum criteria for this factor will render the entire proposal technically unacceptable and the proposal may not be considered for award. Only those Offers which meet the minimum technical requirements required by Factor (i) will be further evaluated under Factors (ii). Under this factor, the Government will rate past performance as either acceptable or unacceptable. Failure to receive a rating of acceptable for this factor will render the entire proposal unacceptable and the proposal may not be considered for award. For those proposals that are rated acceptable on Factor (i) and Factor (ii), the Government will then evaluate Factor (iii), Price. At the discretion of the Contracting Officer, the Government intends to evaluate proposals and award a contract without discussions with offerors. Each initial offer should, therefore contain the Offerors best terms from both a price and technical standpoint. (b) TECHNICAL CAPABILITY OF PROPOSED ITEM TO MEET THE REQUIREMENT, Factor (i), will be assessed by evaluating either commercial product brochures, drawings or technical information submitted in response to FAR Clause 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS, Subparagraph (b)(4) which is incorporated by reference in this solicitation. Offerors technical information will be used to determine whether the items proposed meet the specifications included in this solicitation. Items offered, as provided in Offerors technical information, will be evaluated as technically acceptable or technically unacceptable. Offers which are determined to be technically unacceptable may not be considered further for award. (c) Offerors PAST PERFORMANCE information submitted as required by FAR Clause 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS, Subparagraph (b)(10), will be used to make a determination of whether the offeror has an acceptable record of past performance. A proposal that receives a rating of acceptable on past performance is one that demonstrates little anticipated risk in the areas of quality of the product, timely delivery, and customer satisfaction. Offerors should, therefore, provide performance history and references to demonstrate acceptable past performance for up to three prior similar contracts performed within the past three years. The evaluation may take into account past performance information regarding predecessor companies and subcontractors that will perform major or critical aspects of the requirement. Offers that lack relevant past performance history will receive a neutral rating for this factor. Any Offerors proposal which has no relevant past performance history, while rated neutral, may not represent the most advantageous proposal to the Government. Thus, the Contracting Officer may determine it is an unsuccessful proposal when compared to the proposals of other offerors. PAST PERFORMANCE information should be provided on the form provided as an attachment to this solicitation. Information utilized will be obtained from these references as well as any other sources that may have relevant information. (d) 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 offers 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. Central Contractor Registration (CCR). Quoters must be registered in the CCR database to be considered for award. Registration is free andcan be completed on-line at http://www.ccr.gov/. Delivery shall be no later than 90 days after receipt of order. All quotes shall include price(s), FOB point, a point of contact, name and phone number, GSA contract number if applicable, business size, and payment terms. Quotes will be accepted via email at lenette.santana@navy.mil. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements. This announcement will close at 12:00 PM PST on 28 June 2011. Contact Lenette Santana who can be reached at 805-982-2193 or email lenette.santana@navy.mil. All responsible sources may submit a quote which shall be considered by the agency.
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