59 -- BRAND NAME DUAL 100BASE FX Fiber SC RC

Combined Synopsis/Solicitation This is a combined synopsis/solicitation for Naval Information Warfare Center San Diego commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 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 written solicitation will not be issued. Competitive quotes are being requested under Request for Quote (RFQ) # N66001-19-Q- 8448. The NAICS code applicable to this acquisition is 334418 and the size standard is 750 (# of employees). The proposed contract action is for commercial items, "Brand Name"-No Substitutions, which Naval Information Warfare Center San Diego, Pacific (NIWC) intends to solicit this requirement as a "Brand Name"-No Substitutions, unrestricted basis. To be considered acceptable and eligible for award, quotes must provide all of the items and quantities listed below. The Government will not consider quotes or offers for partial items or quantities. Anticipated contract line items are as follows: CLIN:0001 Brand Name-No Substitutions "Abaco" (Dual 100Base FX Fiber SC RC) Quantity: 10 Each Unit Price: $ Salient Characteristics: Mfg: Abaco, Part Number: PMC613FXRCSC DUAL 100BASE FX FIBER SC RC Quantity of 10 Units Lead-time: 17 Weeks ARO. Offeror Instructions: Notice: The Government may consider quotes that fail to follow all instructions to be unacceptable and ineligible for contract award. Quotes shall: 1. Include a separate concise, clear, and descriptive narrative technical approach (not to exceed one page) on how they will provide all of the supplies. Quoters are encouraged to submit pictures, brochures, or and other pertinent technical information of the quoted CLIN items to facilitate the evaluation; 2. Include pricing for each individual unit and a total price in US Dollars ($); 3. Be written in English and show the offeror name, address, DUNS and CAGE code, business size and type of small business, and telephone and e-mail address of an Offeror point of contact; 4. Stay within the page limitations indicated below; 5. Be submitted in electronic PDF or Excel format; and 6. Include the following certification and supply chain information. The certification statement below applies to line item 0001. Certification: "To be considered for award, the offeror certifies that the product(s) being offered is an original, new and Trade Agreements Act (TAA) compliant product, and that the subject products are eligible for all manufacturer warranties and other ancillary services or options provided by the manufacturer. Offeror further certifies that it is authorized by the manufacturer to sell the products that are the subject of this action in the US (i.e., that the products are TAA compliant and that the offeror is authorized to sell them in the US)." Certification is not limited in pages. Offerors are required to submit documentation with the offer identifying its supply chain for the product, and certifying that all products are new, TAA compliant, and in their original packaging. By making an offer, offeror also consents to no cost cancellation of the non-compliant awarded items if, upon inspection after delivery, any products provided are not recognized or acknowledged by the manufacturer as new and original products that are eligible for warranties and all other ancillary services or options provided by the manufacturer or that offeror was not authorized by the manufacturer to sell the product in the US, or that the product is in some manner not TAA compliant. All text shall be formatted on an 8 by 11 inch page in 12 point Times New Roman font. All pages of the Technical File shall be numbered and shall not exceed ten pages. The technical acceptability shall include the following: Factor I Specifications: Technical acceptability specifications * See CLIN item 0001. The price quote shall include the following: Factor II Price: The price quote shall include the following and is limited to one page: Offerors shall provide a unit price for each item and a total firm-fixed-price for all line items. The total firm-fixed-price shall include all applicable taxes, shipping, and handling costs to the shipping address listed above. Evaluation Factors for Award: Factor I Technical Specifications: The Government will evaluate the quote to see if the following specification requirements are met: Required Brand Name items listed from CLIN 1 of this solicitation. Factor II- Price: The Government will evaluate the total price to determine if it is fair and reasonable. Notice: Vendors who do not meet Factor I, will not undergo evaluation as described in Factor II. Basis For Award: This procurement will use the Fair and Reasonableness and technically acceptable source selection methodology. The Government intends to award a contract that is technically acceptable and Fair and Reasonable Methodology in response to this solicitation. Any quote evaluated as unacceptable will not receive an award. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2019-03 and Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice 20190612. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses can be accessed in full text at www.farsite.hill.af.mil or https://acquistion.gov/far/. The following provisions apply to this acquisition: FAR 52.204-7, System for Award Management (Oct 2016); FAR 52.212-1, Instructions to Offerors Commercial Items (Jan 2017); FAR 52.212-2, EvaluationCommercial Items(Oct 2014); FAR 52.212-3 and Alt I, Offeror Representations and CertificationsCommercial Items (Jan 2017); FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to IranRepresentation and Certifications (Oct 2015); 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Nov 2011); and 252.247-7022, Representation of Extent of Transportation by Sea (Aug 1992). The following clauses, incorporated by reference or Full text, apply to this acquisition: 52.203-3, Gratuities(Apr 1984) 52.204-16, Commercial and Government Entity Code Reporting (Jul 2016); 52.203-17, Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights(Apr 2014) 52.204-18, Commercial and Government Entity Code Maintenance (Jul 2016); 52.211-6 Brand Name or Equal(Aug 1999); 52.212-4, Contract Terms and Conditions -- Commercial Items (Jan 2017). FAR Clause 52.212-5-Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items applies to acquisition and includes: 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 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.) __X__ (22) 52.219-28, Post Award Small Business Program Representation (July 2013) (15 U.S.C. 632(a)(2)). __X__(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)). __X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __X__(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126). _X___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X___ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). _X___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). _X___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). _X___ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. __X__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __X__ (51) 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). __X__ (57) 52.232-33, Payment by Electronic Funds TransferSystem for Award Management (July 2013) (31 U.S.C. 3332). (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.) (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 (xii) _X____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627). (xiv) 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) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvi)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017). Note to paragraph (e),(1),(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction. (xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)). (xix) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xxi) 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). (xxii) 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. (xxiii) 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) The following additional FAR and DFARS clauses, incorporated by reference, apply to this solicitation: 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013); 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013); 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004); 52.252-1, Solicitation Provisions Incorporated by Reference(Feb 1998); 52.252-2 Clauses Incorporated by Reference(Feb 1998); 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); 252.204-7003, Control of Government Personnel Work Product (Apr 1992); 252.204-7006, Billing Instructions (Oct 2005); 252.204-7011, Alternative Line Item Structure (Sep 2011); 252.204-7012, Safeguarding of Unclassified Controlled Technical Information (Oct 2016); 252.211-7003, Item Unique Identification and Valuation (Mar 2016); 252.223-7008, Prohibition of Hexavalent Chromium(Jun 2013); 252.225-7001, Buy American And Balance Of Payments ProgramBasic(Dec 2016); 252.225-7048, Export-Controlled Items(Jun 2013); 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Jun 2012); 252.232-7006, Wide Area Work Flow Payment Instructions (May 2013); 252.232-7010, Levies on Contract Payments (Dec 2006); 252.239-7018, Supply Chain Risk (Oct 2015); 252.243-7001, Pricing Of Contract Modifications (Dec 1991); 252.244-7000, Subcontracts for Commercial Items (Jun 2013); and, 252.247-7023, Transportation of Supplies by Sea (Apr 2014). (End of Clauses) This RFQ closes on 30th July 2019 at 08:00 AM, Pacific Time. Questions and quotes must be uploaded on the SPAWAR e-Commerce website at https://e- commerce.sscno.nmci.navy.mil, under SSC Pacific/Simplified Acquisitions/N66001-19-Q- 8448. E-mail quotes or offers will not be accepted. Late quotes will not be accepted. For e-Commerce technical issues, contact the SPAWAR Paperless Initiatives Help Desk at 858- 537-0644 or contact@example.gov. The point of contact for this solicitation is Joseph Bancod at contact@example.gov. Please include RFQ# N66001-19-Q-8448 on all inquiries. All responding vendors must have a completed registration in the System for Award Management (SAM) website prior to award of contract. Information can be found at https://www.sam.gov/. Complete SAM registration means offerors shall have a registered DUNS and CAGE Code.