SOLICITATION NOTICE
58 -- Satellite Phones
- Notice Date
- 1/22/2007
- Notice Type
- Solicitation Notice
- NAICS
- 517410
— Satellite Telecommunications
- Contracting Office
- Department of Justice, Federal Bureau of Investigation, Engineering Contracts Unit - PPMS, FBI Engineering Research Facility, FBI Academy Hogan's Alley, Building 15, Quantico, VA, 22135, UNITED STATES
- ZIP Code
- 00000
- Solicitation Number
- RFQE003498
- Response Due
- 2/8/2007
- Archive Date
- 2/23/2007
- Small Business Set-Aside
- Total Small Business
- Description
- 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. Quotes are being requested and a written solicitation will not be issued. The Request for Quote (RFQ) number is RFQE003498, and is being conducted as a 100% Small Business Set-Aside under the procedures of Part 12 and 13, test program, for brand name Mobile Satellite Ventures Desktop Consolette, Transmobile Phones, permanently mounted in a sturdy travel case, and magnetic mounting kits. The North American Industrial Classification System (NAICS), number is 517410; the size standard is $13.5 Million. The RFQ incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-14. The Federal Bureau of Investigation (FBI) intends to award a one time, firm fixed price type contract for a quantity of one (1) Mobile Satellite Ventures Desktop Consolette; a quantity of nine (9) Mobile Satellite Ventures Transmobile Phones, permanently mounted, using nut and bolt type hardware, in a sturdy, transportable case with a metal cover, permitting the microphone to be mounted to the metal faceplate in case, with speaker mounted internally; power: AC or DC, and a quantity of nine (9) Magnetic Mounting Kits. This contract will be awarded on an all or none basis. This RFQ is for Brand Name in accordance with FAR 11.105. Justification for Brand Name: Mobile Satellite Ventures is the only manufacturer that offers nationwide push to talk through satellite using the MSAT radio. As MSAT radios are currently deployed in multiple field locations, compatibility, training and continuity of communications are required. Push to talk ability requirement permits one user to talk to many users simultaneously. Delivery is 30 days after receipt of order (ARO), to FBI, Engineering Research Facility, Building 27958-A, Quantico, VA 22135. The contractor shall extend to the Government full coverage of any standard commercial warranty normally offered in a similar commercial sale. The Government is not responsible for locating or securing any information that is not identified with the quotation. FAR clauses and provisions that apply to this acquisition can be obtained from the website: www.acqnet.gov . Provisions included in this solicitation: FAR 52.212-2 Instructions to Offerors Commercial Items (Sept 2006); 52.211-6 Brand name or Equal (Aug 1999); 52.212-2 Evaluation Commercial Items (Jan 1999): ADD: Technical ability, past performance and price. Technical and past performance, when combined, are greater than price; 52.212-3 Offeror Representations and Certifications Commercial Items (Nov 2006). Clauses included in this solicitation: Protests Filed Directly With the Department of Justice (Jan 1998) (a) The following definitions apply in this provision: (1) Agency Protest Official means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice. (2) Deciding Official means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official. (3) Interested Party means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. (b) A protest filed directly with the Department of Justice must: (1) Indicate that it is a protest to the agency. (2) Be filed with the Contracting Officer. (3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest. (4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official. (5) Include the information required by FAR 33.103(d)(2) (i) Name, address, facsimile number and telephone number of the protestor. (ii) Solicitation or contract number. (iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor. (iv) Copies of relevant documents. (v) Request for a ruling by the agency. (vi) Statement as to the form of relief requested. (vii) All information establishing that the protestor is an interested party for the purpose of filing a protest. (viii) All information establishing the timeliness of the protest. (c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest. (d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest. (e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties. (f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official. (g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable. (h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest. (i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn. (j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written. (k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice. (End of Clause); 52.212-4 Contract Terms and Conditions Commercial Items (Sept 2005): ADD: Requirements for Procurement of Critical Assets: (a) Every effort must be made to ensure that supplies are provided and integrated and services are performed using sound security components, practices and procedures. Acquisition of supplies or services from concerns under Foreign Ownership, Control or Influence (FOCI) or of supplies developed, manufactured, maintained or modified by concerns under FOCI (any or all of which shall be referred to herein as Use of FOCI source) is of serious concern and must be approved prior to contract award. (b) Approval decisions will be made on a case-by-case basis after the source or technology has been identified by the Offeror and subjected to a risk assessment. The risk assessment process will vary depending on the acquisition type and proposed use of a FOCI source, available risk mitigation measures and the information/justification provided by the Offeror. (c) Any Offeror responding to this RFQ acknowledges the Governments requirements to secure services or equipment from firms which are under FOCI or where any FOCI, in the opinion of the Government, adversely impacts on National Security or security requirements. The Offeror understands and agrees that the Government retains the right to reject any responses to this RFQ made by the Offeror, without any further recourse by or explanation to the Offeror, if the FOCI for that Offeror is determined by the Government to be an unacceptable security risk. (d) Risk assessments will be made on a case-by-case basis and will be used to determine whether the use of a FOCI source poses an unacceptable security risk. If an unacceptable security risk is determined, the Government retains the right to reject the use of a FOCI source or to require that certain risk mitigation measures be taken by the Offeror. Similarly, the Government retains the unilateral right to approve the use of a FOCI source when the risk assessment indicates that such use would be in the Governments best interests. If the use of a FOCI source is not approved, no classified information will be disclosed to the Offeror as part of the Governments rationale for non-approval. The Offeror (prime and subs) may not seek reimbursement from the Government for any costs associated with responding to this RFQ as a result of FOCI non-approved decisions. (e) Offerors shall complete the Certificate Pertaining to Foreign Interests (SF 328) and Key Management Personnel Listing (KMPL) for the prime contractor and all proposed subcontractors. Offerors shall submit this information with their quote. Submissions should include identification of the RFQ number, name of the assigned Contracting Officer and certification of the accuracy for the provided information by an Executive Management Official of the company. Provision of false information shall be cause for default under the Default Clause of this contract. (f) The Government reserves the right to prohibit individuals who are not U.S. citizens from all or certain aspects of the work to be performed under this Contract. (g) Foreign Ownership, Control or Influence (FOCI). For purposes of this clause, a U.S. company is considered under FOCI whenever a foreign interest has the power, direct or indirect, and whether or not exercisable through the ownership of the U.S. company securities, by contractual arrangements or other means, to direct or decide matters affecting the management or operations of that company. (h) Changed conditions, such as change in ownership, indebtedness, or the foreign intelligence threat, may justify certain adjustments to the security terms under which a company is operating, or, alternatively, that different FOCI mitigation measures be employed. If changed condition is of sufficient significance, it might also result in a determination that a company is no longer considered to be under FOCI. There is a continuing obligation of the Selected Offeror to advise the Government of such changed conditions. Failure to abide by this obligation shall be cause for default under the Default Clause of this contract. (i) The following factors will be used as the basis for making a FOCI determination. If the Offeror, or its proposed subcontractors, meet any of the following factors, they must identify themselves as a potential FOCI company and submit themselves to a Government FOCI evaluation and risk assessment: (1) Ownership or beneficial ownership, direct or indirect, of 5 percent or more of the Offerors companys voting securities by a foreign person; (2) Ownership or beneficial ownership, direct or indirect, of 25 percent or more of any class of the Offerors companys nonvoting securities by a foreign person; (3) Management positions, such as directors, officers or executive personnel of the Offerors company held by non-U.S. citizens; (4) Foreign person power, direct or indirect, to control the election, appointment or tenure of directors, officers, or executive personnel of the Offerors company or other decisions or activities of the Offerors company; (5) Contracts, agreements, understandings or arrangements between the Offerors company and a foreign person; (6) Loan arrangements between the Offerors company and a foreign person if the Offerors companys (the borrower) overall debt to equity ratio is 40:60 or greater; or financial obligations that are subject to the ability of a foreign person to demand repayment; (7) Annual total revenues or net income in excess of 5 percent from a single foreign person or in excess of 30 percent from the foreign persons in the aggregate; (8) Ten percent or more of any class of the Offerors voting securities held in nominee shares, in street names, or some other method that does not disclose the beneficial ownership of equitable title; (9) Interlocking directors with foreign persons and any officer or management official of the Offerors company who is also employed by a foreign person; (10) Any other factor that indicates or demonstrates a capability on the part of foreign persons to control or influence the operations or management of the Offerors company; (11) Ownership of ten percent or more of any foreign interest. (End of Clause) Contracting Officers Security Representative (COSR) are the designated security representatives of the Contracting Officer and derive their authorities directly from the Contracting Officers. They are responsible for certifying the contractors capability for handling classified material and ensuring that customer security policies and procedures are met. The COSR is the focal point for the contractor, Contracting Officer, and Contracting Officers Technical Representative regarding security issues. The COSR cannot initiate any course of action that may alter the terms or price/cost of the contract. The COSR for this contract is JoAnn Saunders, (202) 220-9230. (End of Clause); 52.204-2 Security Requirements (Aug 1996); 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items (Nov 2006); (A 1; 2 (B) 1; 5;(I) 7; 9; 14; 15; 16; 17; 18; 19; 20; 31. Offeror may request the SF328 and KPML by fax. Address fax to: Margaret D. Einspahr, Contracting Officer (703) 632-1844. Please note: all offerors and prospective contractors must be registered with the ONLINE Representation and Certification Application (ORCA) website at http://orca.bpn.gov or must provide a completed copy of 52.212-3 with their quote. All Offerors shall be registered in the Department of Defense Central Contractor Registration, (CCR) database, per FAR 52.204-7 (July 2006), prior to receiving any award. Information concerning CCR requirements can be accessed at http://www.ccr.gov or by calling the CCR Registration Center at 1-888-227-2423. Quotations are due February 8, 2007, at 2:00 pm EST, to the Quantico Contracts Unit, Attn.: Margaret D. Einspahr, at FAX (703) 632-1844 or electronically to: meinspahr@fbiacademy.edu. Only quotations submitted by fax or e-mail, as listed above, will be accepted. All responsible Offerors may submit a quotation, which if timely received, will be considered by this agency.
- Place of Performance
- Address: Quantico, VA 22135
- Zip Code: 22135
- Country: UNITED STATES
- Zip Code: 22135
- Record
- SN01216465-W 20070124/070122220245 (fbodaily.com)
- Source
-
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