Type of document: Contract Notice
Country: United States
Department of Commerce
1325 East West Highway, Silver Spring, MD 20910
Name: Kenneth Moris, Title: Contract Specialist, Phone: 3016280028, Fax: , Email: firstname.lastname@example.org;
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is NAAJ5717-17-00249 and is issued as an invitation for bids (IFB), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. The associated North American Industrial Classification System (NAICS) code for this procurement is 423390 with a small business size standard of 100.00 employees. This requirement is a [ Small Business ] set-aside and only qualified offerors may submit bids. The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2017-08-07 13:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com. FOB Destination shall be in the Special Shipping Instructions.
The DOC NOAA Acquisition and Grants Office requires the following items, Meet or Exceed, to the following:
LI 001: Oil boom – 100′ sections of 18″ height permanent oil boom with High Density Polyethylene (HDPE) floats. Floats should be International Orange. Belting should be PVC polyester with UV and Marine growth inhibitors. All connectors and fasteners should be marine grade. In accordance with the Statement of Work.
Western Region Center
C/O Anthony Morea or Kristen Chung
Facilities & Logistics
7600 Sand Point Way NE
Seattle, WA 98115-6349, 11, EA;
LI 002: Tow Bridle with float – 18″ height tow bridle. Bridle and cables should be marine grade.
Western Region Center
C/O Anthony Morea or Kristen Chung
Facilities & Logistics
7600 Sand Point Way NE
Seattle, WA 98115-6349, 2, EA;
Solicitation and Buy Attachments
***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the ‘Submit a Question’ feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.***
Contracting Officer’s Authority.
The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.
Insert the clause 1352.209���73, Compliance with the Laws, in all solicitations and contracts.
As prescribed in 48 CFR 1309.507���2(c), insert the following clause:
Compliance With the Laws (APR 2010)
The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.
As prescribed in 48 CFR 1309.507���2(d), insert the following clause:
Organizational Conflict of Interest (APR 2010)
(a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:
(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and
(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.
(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as ���contractor���) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.
(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor’s knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor’s impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.
(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.
(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms ���contract,��� ���contractor,��� and ���Contracting Officer��� shall be appropriately modified to preserve the Government’s rights.
(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507���1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor’s organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor’s potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor’s own risk.
(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.
As prescribed in 48 CFR 1313.106���2���70, insert the following provision:
Evaluation Utilizing Simplified Acquisition Procedures (Date)
All solicitations using simplified acquisition procedures in FAR Part 13 must include provision 1352.213���70, Evaluation Utilizing Simplified Acquisition Procedures, or similar language setting out evaluation criteria.The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors.
Insert provision 1352.213���71, Instructions for Submitting Quotations under the Simplified Acquisition Threshold���Non-Commercial, or similar language in all solicitations for non-commercial purchase orders under the simplified acquisition threshold. The contracting officer shall indicate whether electronic submissions of quotations will be accepted. Paragraph (b)(4) of provision 1352.213���71 may be tailored based on the evaluation factors.
As prescribed in 48 CFR 1313.302���1���70, insert the following provision:
Instructions for Submitting Quotations Under the Simplified Acquisition Threshold���Non-Commercial (Date)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is ____.
(b) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in this solicitation. At a minimum, quotations must show���
(1) The solicitation number;
(2) The name, address, and telephone number of the offeror;
(3) Acknowledgment of solicitation amendments;
(4) A technical description showing that the offeror can supply the requirements in the specifications or statement of work in sufficient detail to allow the Government to evaluate the quotation in accordance with the evaluation factors stated in the solicitation.
(5) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and reference information (including contract numbers, points of contact with telephone numbers and other relevant information).
(6) Price and any supporting details for the price, as requested in the solicitation.
(c) Offerors are responsible for submitting quotations, and any modifications thereto, so as to reach the Government office designated in the solicitation by the time specified. The offeror’s initial quotation should contain the offeror’s best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received.
As prescribed in 48 CFR 1339.270(a), insert the following provision:
Electronic and Information Technology (APR 2010)
(a) To be considered eligible for award, offerors must propose electronic and information technology (EIT) that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below:
___ 1194.21 Software applications and operating systems
___ 1194.22 Web-based intranet and internet information and applications
___ 1194.23 Telecommunications products
___ 1194.24 Video and multimedia products
___ 1194.25 Self-contained, closed products
___ 1194.26 Desktop and portable computers
___ 1194.31 Functional performance criteria
___ 1194.41 Information, documentation and support
(b) The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.
(c) Alternatively, offerors may propose products and services that provide equivalent facilitation. Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation. If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component, or if none of the offerors propose products or services that fully meet all of the applicable Access Board’s provisions, those offerors whose products or services meet some of the applicable provisions will be considered eligible for award. Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency.
(d) Offerors must submit representation information concerning their products by completing the VPAT template at .
Insert clause 1352.239���72, Security Requirements for Information Technology Resources, in all DOC solicitations and contracts for Information Technology services. The clause language may only be modified by adding more restrictive agency- or operating unit counsel -specific guidance
As prescribed in 48 CFR 1339.270(b), insert the following clause:
Security Requirements for Information Technology Resources (APR 2010)
(a) Applicability. This clause is applicable to all contracts that require contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a contractor that process or store information that directly supports the mission of the Agency.
(b) Definitions. For purposes of this clause, the term ���Sensitive��� is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100���235), including the following definition of the term:
(1) Sensitive information is ��� * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the, conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.���
(2) For purposes of this clause, the term ���National Security��� is defined by the guidance set forth in:
(i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3.
(ii) The DOC Security Manual, Chapter 18.
(iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress.
(3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.
(c) The contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor’s systems that are interconnected with a DOC network or DOC systems that are operated by the contractor.
(d) All contractor personnel performing under this contract and contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (see DOC, Office of the Chief Information Officer Web site), or equivalent/more specific agency or operating unit counsel guidance as specified immediately hereafter [insert agency or operating unit counsel specific guidance, if applicable].
(e) Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts.
(f) Within 5 days after contract award, the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the contractor of any other available DOC training resources. Annually thereafter the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy.
(g) Within 5 days of contract award, the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209���72, Restrictions Against Disclosures.
(h) The contractor shall afford DOC, including the Office of Inspector General, access to the contractor’s and subcontractor’s facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime.
(i) For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy. Specifically, the contractor shall:
(1) Within 14 days after contract award, submit for DOC approval a System Certification Work Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy and [Insert agency or operating unit counsel specific guidance, if applicable]. The Certification Work Plan, approved by the COR, in consultation with the DOC IT Security Officer, or Agency/operating unit counsel IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract.
(2) Upon approval, follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official.
(3) Upon receipt of the Security Assessment Report and Authorizing Official’s written accreditation decision from the COR, maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, Section 18.104.22.168.
(j) The contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause.
Insert a clause substantially similar to 1352.246���70, Place of Acceptance, in contracts and solicitations to indicate where the acceptance of supplies and/or services will take place.
As prescribed in 1346.503, insert the following clause:
Place of Acceptance (APR 2010)
(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.
(b) The place of acceptance will be: