MODIFICATION
D -- Cable TV and Internet Services for Joint Base Pearl Harbor-Hickam, Navy Region Hawaii, and Associated Commands
- Notice Date
- 2/21/2017
- Notice Type
- Modification/Amendment
- NAICS
- 517110
— Wired Telecommunications Carriers
- Contracting Office
- N00604 NAVSUP Fleet Logistics Center Pearl 1942 Gaffney Street, Ste 100 Bldg. 475-2, Code 200 Pearl Harbor, HI
- ZIP Code
- 00000
- Solicitation Number
- N0060417T3009
- Response Due
- 2/22/2017
- Archive Date
- 3/9/2017
- Point of Contact
- Jeffrey Geringer 808-473-7960
- Small Business Set-Aside
- N/A
- Description
- This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items and FAR Subpart 16.5 Indefinite-Delivery Contracts, using Simplified Acquisition Procedures for commercial items found at FAR 13, as supplemented with the additional information included in this notice. NAVSUP Fleet Logistics Center Pearl Harbor (FLCPH) Regional Contracting Department, Pearl Harbor, HI, 96860 intends to solicit and award a sole source commercial type firm fixed price Indefinite Delivery Requirements contract under the authority of FAR 6.302-1 to Time Warner Entertainment, L.P., DBA Time Warner Cable, of Mililani, Hawaii, HI 96789. Interested companies may identify their interest and capability to respond to the requirement or submit proposals. This is not a request for competitive proposals. However, all proposals received by the closing response date will be considered by the Government. 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. Joint Base Pearl Harbor-Hickam and other Commands supported by FLCPH seek a contractor to provide hard-wired multi-channel video cable TV and high speed internet services. The base performance period is anticipated to be 1 March 2017 through 28 February 2018, with 4 one-year option periods thereafter. 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 (https://www.neco.navy.mil/). This requirement was first advertised as Sources Sought Notice N00604CABLETV on 6 December 2016. The Request for Quotes number is N00604-17-T-3009. This solicitation document incorporates provisions and clauses in effect through FAC 2005-95 and DFARS Publication Notice 20161222. 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: https://www.acquisition.gov/far/ and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html. The NAICS code is 517110 and the Small Business Standard is 1,500 employees. This procurement is other than full and open competition. The Small Business Office concurs with the decision. This announcement will close on 14 February at 4:00 PM Hawaii Standard Time. Contact Jeff Geringer at jeffrey.geringer@navy.mil with any questions. Oral communications are not acceptable in response to this notice. All responsible sources may submit a quote directly to jeffrey.geringer@navy.mil which shall be considered by the agency. The final contract award will be based on a determination of responsibility and lowest price technically acceptable. Additionally, a determining technical factor is the ability to secure a Franchise Agreement with the customer. While small business participation is not an evaluation factor, other than small businesses will be required to comply with the requirements set forth in FAR clause 52.219-9 Small Business Subcontracting plan and DFARS clause 252.219-7003 Small Business Subcontract Plan (DOD Contracts). If the apparent successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the offeror will be ineligible for award. This procurement is subject to a 5% small business subcontracting goal. System for Award Management (SAM). Quoters must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/. All quotes shall include price(s), FOB point, a vendor point of contact, name and phone number, email address, business size, and payment terms. Each response must clearly indicate the capability of the offeror to meet all specifications and requirements. Offerors shall provide price rate cards for the base period with itemized prices for proposed services allowing Commands to specify levels of services in individual task orders, see the attached Performance Work Statement and Customer Requirements Spreadsheet. Prices shall be for both recurring (monthly) service and one time services such as installation, relocation, and transfer. The total evaluated price will comprise of the base year plus four option years. CLIN Structure: CLINEST QTYU/IDescriptionPeriod of Performance 00011GroupOn-site cable and high speed internet support services for Joint Base Pearl Harbor-Hickam and other approved Commands in accordance with the incorporated Performance Work Statement and Pricing Rate Card for monthly rates.1 Mar 2017 28 Feb 2018 00021GroupFees for installation, relocation, and transfers of cable TV and internet support services for Joint Base Pearl Harbor-Hickam and other approved Commands in accordance with the incorporated Performance Work Statement and Pricing Rate Card for one-time charges.1 Mar 2017 28 Feb 2018 10011GroupOn-site cable and high speed internet support services for Joint Base Pearl Harbor-Hickam and other approved Commands in accordance with the incorporated Performance Work Statement and Pricing Rate Card for monthly rates. Option year pricing will be determined via bilateral modification at time of option exercise to reflect vendor s updated rate card.1 Mar 2018 28 Feb 2019 10021GroupFees for installation, relocation, and transfers of cable TV and internet support services for Joint Base Pearl Harbor-Hickam and other approved Commands in accordance with the incorporated Performance Work Statement and Pricing Rate Card for one-time charges. Option year pricing will be determined via bilateral modification at time of option exercise to reflect vendor s updated rate card.1 Mar 2018 28 Feb 2019 20011GroupOn-site cable and high speed internet support services for Joint Base Pearl Harbor-Hickam and other approved Commands in accordance with the incorporated Performance Work Statement and Pricing Rate Card for monthly rates. Option year pricing will be determined via bilateral modification at time of option exercise to reflect vendor s updated rate card.1 Mar 2019 29 Feb 2020 20021GroupFees for installation, relocation, and transfers of cable TV and internet support services for Joint Base Pearl Harbor-Hickam and other approved Commands in accordance with the incorporated Performance Work Statement and Pricing Rate Card for one-time charges. Option year pricing will be determined via bilateral modification at time of option exercise to reflect vendor s updated rate card.1 Mar 2019 29 Feb 2020 30011GroupOn-site cable and high speed internet support services for Joint Base Pearl Harbor-Hickam and other approved Commands in accordance with the incorporated Performance Work Statement and Pricing Rate Card for monthly rates. Option year pricing will be determined via bilateral modification at time of option exercise to reflect vendor s updated rate card.1 Mar 2020 28 Feb 2021 30021GroupFees for installation, relocation, and transfers of cable TV and internet support services for Joint Base Pearl Harbor-Hickam and other approved Commands in accordance with the incorporated Performance Work Statement and Pricing Rate Card for one-time charges. Option year pricing will be determined via bilateral modification at time of option exercise to reflect vendor s updated rate card.1 Mar 2020 28 Feb 2021 40011GroupOn-site cable and high speed internet support services for Joint Base Pearl Harbor-Hickam and other approved Commands in accordance with the incorporated Performance Work Statement and Pricing Rate Card for monthly rates. Option year pricing will be determined via bilateral modification at time of option exercise to reflect vendor s updated rate card.1 Mar 2021 28 Feb 2022 40021GroupFees for installation, relocation, and transfers of cable TV and internet support services for Joint Base Pearl Harbor-Hickam and other approved Commands in accordance with the incorporated Performance Work Statement and Pricing Rate Card for one-time charges. Option year pricing will be determined via bilateral modification at time of option exercise to reflect vendor s updated rate card.1 Mar 2021 28 Feb 2022 The following FAR provision and clauses are applicable to this procurement: 52.203-3 Gratuities 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-representation 52.209-5 Certification Regarding Responsibility Matters 52.209-7 Information Regarding Responsibility Matters 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law 52.212-1 Instructions to Offerors - Commercial Items 52.212-3 and ALT IOfferor 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: 52.204-10, 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 52.233-3, Protests After Award 52.233-4, Applicable Law for Breach of Contract Claim 52.203-6, Alt I, Restrictions on Subcontractor Sales to the Govt 52.203-13, Contractor Code of Business Ethics and Conduct 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.219-8, Utilization of Small Business Concerns 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 52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunity w/Disabilities 52.222-37, Employment Reports on Disabled Veterans 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 52.222-50, Combating Trafficking in Persons 52.223-18, Encouraging Contractor Policies 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 52.232-36, Payment by Third Party 52.216-21Requirements 52.217-5Evaluation of Options 52.217-9Option to Extend the Term of the Contract 52.219-9 (Dev)Small Business Subcontracting Plan (Deviation 2016-O00009) 52.222-22Previous Contracts and Compliance Reports 52.225-25Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Reps and Certs 52.232-18 Availability of Funds 52.232-39Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-2Service of Protest 52.237-1Site Visit 52.237-2Protection of Government Building, Equipment, and Vegetation 52.247-34F.O.B. Destination 52.252-1 Solicitation Provisions Incorporated by Reference 52.252-2 Clauses Incorporated by Reference DFARS provisions and clauses applicable to this procurement are: 252.201-7000Contracting Officer s Representative 252.203-7000Requirements Relating To Compensation of Former DoD Officials 252.203-7002Requirement to Inform Employees of Whistleblower Rights 252.203-7003Agency Office of the Inspector General 252.203-7005Representation Relating To Compensation of Former DoD Officials 252.203-7994Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements Representation 252.203-7995 (Dev) Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements 252.204-7003Control of Government Personnel Work Product 252.204-7004 Alt A System For Award Management 252.204-7008Compliance with Safeguarding Covered Defense Information Controls 252.204-7011Alternative Line Item Structure 252.204-7012Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015Disclosure of Information to Litigation Support Contractors 252.205-7000Provision of Information 252.209-7004Subcontracting with firms that are Owned of Controlled by the Government of a Country that is a State Sponsor of Terrorism 252.216-7006Ordering 252.219-7003 (Dev) Small Business Subcontracting Plan (DOD Contracts) Basic (Deviation 2016-O0009) 252.222-7007Representation Regarding Combating Trafficking in Persons 252.223-7006Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials 252.225-7048Export- Controlled Items 252.226-7001Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns 252.232-7003Electronic Submission of Payment Requests And Receiving Reports 252.232-7006Wide Area WorkFlow Payment Instructions 252.232-7009Mandatory Payment by Governmentwide Commercial Purchase Card 252.232-7010Levies On Contract Payments 252.237-7010Prohibition on Interrogation of Detainees by Contractor Personnel 252.239-7009Representation of Use of Cloud Computing 252.239-7010 Cloud Computing Services 252.243-7002Requests for Equitable Adjustment 252.244-7000Subcontracts For Commercial Items 252.247-7023Transportation of Supplies by Sea The following FAR clauses is applicable to this procurement (full text): 52.216-5 -- Price Redetermination Prospective. (a) General. The unit prices and the total price stated in this contract shall be periodically redetermined in accordance with this clause, except that -- (1) The prices for supplies delivered and services performed before the first effective date of price redetermination (see paragraph (c) of this clause) shall remain fixed; and (2) In no event shall the total amount paid under this contract exceed any ceiling price included in the contract. (b) Definition. Costs, as used in this clause, means allowable costs in accordance with Part 31 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract. (c) Price redetermination periods. For the purpose of price redetermination, performance of this contract is divided into successive periods. The first period shall extend from the date of the contract to 28 February 2018 and the second and each succeeding period shall extend for 12 months from the end of the last preceding period, except that the parties may agree to vary the length of the final period. The first day of the second and each succeeding period shall be the effective date of price redetermination for that period. (d) Data submission. (1) Not more than 90 nor less than 30 days before the end of each redetermination period, except the last, the Contractor shall submit -- (i) Proposed prices for supplies that may be delivered or services that may be performed in the next succeeding period, and -- (A) An estimate and breakdown of the costs of these supplies or services in the format of Table 15-2, FAR 15.408, or in any other form on which the parties may agree; (B) Sufficient data to support the accuracy and reliability of this estimate; and (C) An explanation of the differences between this estimate and the original (or last preceding) estimate for the same supplies or services; and (ii) A statement of all costs incurred in performing this contract through the end of the first month before the submission of proposed prices in the format of Table 15-2, FAR 15.408 (or in any other form on which the parties may agree), with sufficient supporting data to disclose unit costs and cost trends for -- (A) Supplies delivered and services performed; and (B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary). (2) The Contractor shall also submit, to the extent that it becomes available before negotiations on redetermined prices are concluded -- (i) Supplemental statements of costs incurred after the date stated in subdivision (d)(1)(ii) of this section for -- (A) Supplies delivered and services performed; and (B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary); and (ii) Any other relevant data that the Contracting Officer may reasonably require. (3) If the Contractor fails to submit the data required by subparagraphs (d)(1) and (2) of this section, within the time specified, the Contracting Officer may suspend payments under this contract until the data are furnished. If it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the Interest clause. (e) Price redetermination. Upon the Contracting Officer s receipt of the data required by paragraph (d) of this section, the Contracting Officer and the Contractor shall promptly negotiate to redetermine fair and reasonable prices for supplies that may be delivered or services that may be performed in the period following the effective date of price redetermination. (f) Contract modifications. Each negotiated redetermination of prices shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer, stating the redetermined prices that apply during the redetermination period. (g) Adjusting billing prices. Pending execution of the contract modification (see paragraph (f) of this section), the Contractor shall submit invoices or vouchers in accordance with the billing prices stated in this contract. If at any time it appears that the then-current billing prices will be substantially greater than the estimated final prices, or if the Contractor submits data showing that the redetermined price will be substantially greater than the current billing prices, the parties shall negotiate an appropriate decrease or increase in billing prices. Any billing price adjustment shall be reflected in a contract modification and shall not affect the redetermination of prices under this clause. After the contract modification for price redetermination is executed, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to reflect the agreed-upon prices, and any requested additional payments, refunds, or credits shall be made promptly. (h) Quarterly limitation on payments statement. This paragraph (h) applies only during periods for which firm prices have not been established. (1) Within 45 days after the end of the quarter of the Contractor s fiscal year in which a delivery is first made (or services are first performed) and accepted by the Government under this contract, and for each quarter thereafter, the Contractor shall submit to the contract administration office (with a copy to the contracting office and the cognizant contract auditor) a statement, cumulative from the beginning of the contract, showing -- (i) The total contract price of all supplies delivered (or services performed) and accepted by the Government and for which final prices have been established; (ii) The total costs (estimated to the extent necessary) reasonably incurred for, and properly allocable solely to, the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established; (iii) The portion of the total interim profit (used in establishing the initial contract price or agreed to for the purpose of this paragraph (h)) that is in direct proportion to the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established; and (iv) The total amount of all invoices or vouchers for supplies delivered (or services performed) and accepted by the Government (including amounts applied or to be applied to liquidate progress payments). (2) The statement required by subparagraph (h)(1) of this section need not be submitted for any quarter for which either no costs are to be reported under subdivision (h)(1)(ii) of this section, or revised billing prices have been established in accordance with paragraph (g) of this section, and do not exceed the existing contract price, the Contractor s price-redetermination proposal, or a price based on the most recent quarterly statement, whichever is least. (3) Notwithstanding any provision of this contract authorizing greater payments, if on any quarterly statement the amount under subdivision (h)(1)(iv) of this section exceeds the sum due the Contractor, as computed in accordance with subdivisions (h)(1)(i), (ii), and (iii) of this section, the Contractor shall immediately refund or credit to the Government the amount of this excess. The Contractor may, when appropriate, reduce this refund or credit by the amount of any applicable tax credits due the Contractor under 26 U.S.C.1481 and by the amount of previous refunds or credits affected under this clause. If any portion of the excess has been applied to the liquidation of progress payments, then that portion may, instead of being refunded, be added to the unliquidated progress payment account, consistent with the Progress Payments clause. The Contractor shall provide complete details to support any claimed reductions in refunds. (4) If the Contractor fails to submit the quarterly statement within 45 days after the end of each quarter and it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the statement submittal period, the amount of the excess shall bear interest, computed from the date the quarterly statement was due to the date of repayment, at the rate established in accordance with the Interest clause. (i) Subcontracts. No subcontract placed under this contract may provide for payment on a cost-plus-a-percentage-of-cost basis. (j) Disagreements. If the Contractor and the Contracting Officer fail to agree upon redetermined prices for any price redetermination period within 60 days (or within such other period as the parties agree) after the date on which the data required by paragraph (d) of this section are to be submitted, the Contracting Officer shall promptly issue a decision in accordance with the Disputes clause. For the purpose of paragraphs (f), (g), and (h) of this section, and pending final settlement of the disagreement on appeal, by failure to appeal, or by agreement, this decision shall be treated as an executed contract modification. Pending final settlement, price redetermination for subsequent periods, if any, shall continue to be negotiated as provided in this clause. (k) Termination. If this contract is terminated, prices shall continue to be established in accordance with this clause for (1) completed supplies and services accepted by the Government and (2) those supplies and services not terminated under a partial termination. All other elements of the termination shall be resolved in accordance with other applicable clauses of this contract. (End of Clause) ******* End of Combined Synopsis/Solicitation ********
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