SOLICITATION NOTICE
61 -- BATTERY FOR UPS
- Notice Date
- 3/18/2004
- Notice Type
- Solicitation Notice
- NAICS
- 335911
— Storage Battery Manufacturing
- Contracting Office
- Department of the Air Force, United States Air Force Europe, 52D Contracting Sqd, Spangdahlem AB Unit 3910 Bldg 2007, Spangdahlem AB, Germany, AE, 09126-3910
- ZIP Code
- 09126-3910
- Solicitation Number
- Reference-Number-F63COM40420100
- Response Due
- 3/25/2004
- Archive Date
- 4/9/2004
- Point of Contact
- Matthew Hughes, Contracting Specialist , Phone (49) 6565 61 9495, Fax (49) 6565 61 9207, - Elisabeth Garza, Team Leader, Phone (49) 6565 61 9232, Fax (49) 6565 61 9106,
- E-Mail Address
-
matthew.hughes@spangdahlem.af.mil, elizabeth.garza@spangdahlem.af.mil
- Description
- ***********THIS SOLICITATION IS INTENDED ONLY FOR LOCAL SOURCES IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION 5.202(a)(12). LOCAL SOURCES ARE THOSE SOURCES NORMALLY RESIDENT, LICENSED AND REGISTERED TO CONDUCT BUSINESS IN GERMANY. OFFERS FROM NON-LOCAL SOURCES WILL NOT BE CONSIDERED UNDER THIS SOLICITATION. ******************************************************* THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN SUBPART 12.6 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. ****************************************************** Purchase Request Number: F63COM40420100 ? Request for Quotation ? This document incorporates provisions and clauses in effect through the Federal Acquisition Circular 2001-20. ************************************************************** Line Item 0001: 70 each BATTERY, 125KVA, FOR UPS SYS 150 ********************************************************** Delivery is to be made within 30 ARO to Spangdahlem AB Germany. Acceptance of the Item will be made at Spangdahlem AB Germany. ***************************************************** 52.211-6 - Brand Name or Equal (Aug 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) ADDENDUM TO FAR 52.212-4 Contract Terms and Conditions?Commercial Items ? In addition to FAR 52.212-4(b), entitled Assignment, the following is hereby added: 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 1997) (a) No claims for monies due, or to become due, shall be assigned by the Contractor unless- (1) Approved in writing by the Contracting Officer; (2) Made in accordance with the laws and regulations of the United States of America; and (3) Permitted by the laws and regulations of the Contractor's country. (b) In no event shall copies of this contract or of any plans, specifications, or other similar documents relating to work under this contract, if marked "Top Secret," "Secret," or "Confidential" be furnished to any assignee of any claim arising under this contract or to any other person not entitled to receive such documents. However, a copy of any part or all of this contract so marked may be furnished, or any information contained herein may be disclosed, to such assignee upon the Contracting Officer's prior written authorization. (c) Any assignment under this contract shall cover all amounts payable under this contract and not already paid, and shall not be made to more than one party, except that any such assignment may be made to one party as agent or trustee for two or more parties participating in such financing. On each invoice or voucher submitted for payment under this contract to which any assignment applies, and for which direct payment thereof is to be made to an assignee, the Contractor shall- (1) Identify the assignee by name and complete address; and (2) Acknowledge the validity of the assignment and the right of the named assignee to receive payment in the amount invoiced or vouchered. In addition to FAR 52.212-4(k), entitled Taxes, the following is hereby added: 252.229-7001 TAX RELIEF (JUNE 1997) - ALTERNATE I JUN 1997 (a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price: NAME OF TAX: Mehrwertsteuer RATE (PERCENTAGE): 16% (b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged. (c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract. (d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense. The Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate for Tax-Free Deliveries/Performance according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authorities. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled, and reported as tax-free. (End of clause). In addition to FAR 52.212-4(q), entitled Other compliances, the following is hereby added: 252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) JUN 1997 (a) The Contractor shall comply with all? (1) Local laws, regulations, and labor union agreements governing work hours; and (2) Labor regulations including collective bargaining agreements, workers' compensation, working conditions, fringe benefits, and labor standards or labor contract matters. (b) The Contractor indemnifies and holds harmless the United States Government from all claims arising out of the requirements of this clause. This indemnity includes the Contractor's obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United States Government, or both, have not fully complied with local labor laws or regulations relating to the performance of work required by this contract. (c) Notwithstanding paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and 31.205-47(d) of the Federal Acquisition Regulation, the Contractor will be reimbursed for the costs of all fines, penalties, and reasonable litigation expenses incurred as a result of compliance with specific contract terms and conditions or written instructions from the Contracting officer. (End of clause) 252.225-7041 CORRESPONDENCE IN ENGLISH JUN 1997 The Contractor shall ensure that all contract correspondence that is addressed to the United States Government is submitted in English or with an English translation. (End of clause) 252.225-7042 AUTHORIZATION TO PERFORM APR 2003 The offeror represents that it has been duly authorized to operate and to do business in the country or countries in which this contract is to be performed. (End of provision) 252.233-7001 CHOICE OF LAW (OVERSEAS) JUN 1997 This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract. (End of clause) 5352.204-9100 COMMUNICATION SECURITY REVIEW JUL 1984 (U) All communications with Department of Defense (DoD) organizations are subject to communication security (COMSEC) review. Contractor personnel are advised that telecommunication networks are continually subject to intercept by unfriendly intelligence organizations. The United States Air Force (USAF) is authorized to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, USAF organizations. Therefore, civilian contractor personnel are advised that any time they place a call to, or receive a call from, any USAF organization, they are subject to COMSEC procedures. The contractor will assume the responsibility for ensuring wide and frequent dissemination of the above information to all employees dealing with official information. (End of clause) CLAUSES INCORPORATED BY REFERENCE 52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- OTHER THAN CENTRAL CONTRACTOR REGISTRATION. MAY 1999 CLAUSES INCORPORATED BY FULL TEXT 52.252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: http://farsite.hill.af.mil 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2002) (DEVIATION) (a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) 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 the 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 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. (b) The Contractor is not required to include any FAR clause, other than those listed below (and as may be required by an addenda to this paragraph to establish the reasonableness of prices under Part 15), in a subcontract for commercial items or commercial components- (1) 52.222-26, Equal Opportunity (E.O. 11246); (2) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C. 4212); (3) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793); (4) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (46 U.S.C. 1241) (flow down not required for subcontracts awarded beginning May 1, 1996) (; and (5) 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.) (End of Clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2003) (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.225-7014 Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a). 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause) ************************************************************************************** Offers need to be submitted by 20 Mar 04, 1600 hrs Central European Time to 52 CONS/LGCB, Unit 3910, APO AE 09126. Offers my be faxed to (49) (0)6565-619106 ************************************************************ The Point of Contact for thios Offer is TSgt Matthew Hughes at (49) (0) 6565-619232.
- Place of Performance
- Address: 52 CS/SCB, Bldg 212, Spangdahlem Flugplatz
- Zip Code: D-54529
- Country: Germany
- Zip Code: D-54529
- Record
- SN00549725-W 20040320/040318213912 (fbodaily.com)
- Source
-
FedBizOpps.gov Link to This Notice
(may not be valid after Archive Date)
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