This is a combined synopsis/solicitation for commercial item prepared in accordance with the format in Federal Acquisition Regulation(FAR) Subpart 13.5 -- Test Program for Certain Commercial Items (as supplemented with additional information included in this notice). This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation number N00167-09-T-0182 applies and is issued as a request for quotation (RFQ). The set-aside for small business concerns has been dissolved. The proposed contract action is being solicited on a sole-source basis to Datawell, Inc. The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source pursuant to FAR 6.302-1(a)(2)(ii). This acquisition is for the purchase of three(3) Mark III Directional Waverider Wave Buoys and support gear from Datawell BV Laboratory for Instrumentation. It is critical that the buoys be compatible with existing Datawell hardware and protocols since they will be used concurrently with Datawell Buoys already owned. The buoys will share the same antenna and display computer/software and must be small (diameter <0.7m) and lightweight (<250 lb) for deployment retrieval. Award to any other source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition, and unacceptable delays in fulfilling the agency's requirements. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-16 as well as DCN 20070327. The North American Industry Classification System (NAICS) Code is 334511 with an applicable size standard of 500 employees. This requirement is as follows: CLIN 0001 - Directional Waverider MKIII 0.7m diameter AISI316 hull, incl. sea surface temperature measurement, GPS position, 128mb datalogger, HF-link 27-40 MHz (Frequencies 27.655MHz and 27.745MHz requested), flashlight antenna, AIS316 chain coupling and batteries installed for 1 year.2 eachCLIN 0002 - Triangle for each 0.7 meter diameter wave bouy. 3 eachCLIN 0003 - RX-D receiver type 2 for Directional Waverider and Waverider SG. (no 12v connection). 3 eachCLIN 0004 - Receiving antenna and 25 meter antenna cable. 3 eachCLIN 0005 - Software for wave analysis (Windows based). 3 eachCLIN 0006 - Mooring system for Directional Waverider for depth of 8 - 17 meters (low tide), consisting of 2 rubber cords 15 meter long, 27 millimeter diameter with terminals, 2 floats (10kg), 200 meter Polypropylene rope, 2 PP terminals, 1 sinker weight (1kg), 2 safety shackles 12 millimeter AIS316, 1 shackle 25 millimeter mild steel, 1 float (3kg). 3 eachCLIN 0007 - 3 layer hull painting with Brantho-Korrex, color yellow for each MK!!! Waverider wave buoy. 3 eachCLIN 0008 - Directional Waverider MKIII 0.7m diameter AISI316 hull, incl. sea surface temperature measurement, GPS position, 128mb datalogger, HF-link 27-40 MHz (Frequency 29.825MHz requested), flashlight antenna, AIS316 chain coupling and batteries installed for 1 year.1 each The following provisions and clauses apply:52.212-1 Instructions to Offerors--Commercial Items (SEP 2006)52.212-4 Contract Terms and Conditions--Commercial Items (FEB 2007)52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (MAR 2007). Incorporating clauses:52.233-3 Protest After Award (AUG 1996) (31 U.S.C. 3553).52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)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).52.219-8 Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d)(2) and (3))52.222-3 Convict Labor (JUNE 2003) (E.O. 11755).52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2006) (E.O. 13126) 52.222-21 Prohibition of Segregated Facilities (FEB 1999).52.222-26 Equal Opportunity (MAR 2007) (E.O. 11246).52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).52.225-13 Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (MAR 2007). Incorporating clauses:52.203-3 Gratuities (APR 1984) (10 U.S.C. 2207)252.225-7001, Buy American Act and Balance of Payments Program (JUN 2005) (41 U.S.C. 10a-10d, E.O. 10582)252.225-7012, Preference for Certain Domestic Commodities (JAN 2007) (10 U.S.C. 2533a).252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a).252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320).252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321).252.232-7003, Electronic Submission of Payment Requests (MAY 2006) (10 U.S.C. 2227)252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410).252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631)CAR-G11, Invoice Instructions (OCT 2006)(NSWCCD) (see attachment for full text) NOTE: The following provision with a "FILL IN" MUST BE COMPLETELY FILLED OUT and submitted with the offer (see attachment for full text):52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2006)--Alternate I (APR 2002) (FILL IN) Selection for award will be made using the lowest price technically acceptable source selection process in accordance with FAR Part 15.101-2. The proposals will be evaluated based on the Technical Competence/Understanding of the work contained in the attached SOW, inclusive of resumes of proposed Key Personnel. Quotes that are non-compliant with any material requirement of this solicitation may be rejected without further consideration for award. All responsible sources may submit a quote that will be considered by the Agency. A Firm-Fixed Price purchase order will be awarded using Simplified Acquisition Procedures. All parties responding to the Request for Quotation may submit their quote in accordance with their standard commercial practices (e.g.; company letterhead, quote form, etc.). As a minimum, offers must show:(1) The solicitation number. (2) The time specified in the solicitation for receipt of offers. (3) The name, address, and telephone number of the offeror. (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary. (5) Terms of any express warranty. (6) Price and any discount/payment terms. (7) A completed copy of all "FILL-IN" provisions as required herein. (8) Acknowledgment of Solicitation Amendments. (9) Valid Commercial and Government Entity number (CAGE). (10) Valid Data Universal Numbering System number (DUNS). Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. All responses must be received by Monday, August 3, 2009 at 2:00pm local time and shall reference the Request for Quote (RFQ) number N00167-09-T-0182. If a change occurs in this requirement, only those offerors that respond to this announcement within the required time frame will be provided any changes/amendments and considered for future discussions and/or award. Questions/responses relative to this solicitation may be addressed to the contract specialist, Vikki Wells, VIA FAX at +1 (555) 000-0000; or VIA EMAIL at contact@example.gov.
