SOLICITATION NOTICE
59 -- Batteries and Battery Packs - Specifications and Drawing - HSAR 3052.209-70 - FAR 52.212-3
- Notice Date
- 8/28/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 335911
— Storage Battery Manufacturing
- Contracting Office
- Department of Homeland Security, Immigration & Customs Enforcement, ICE-OAQ-MS, 801 I Street, NW, Suite 910, Washington, District of Columbia, 20536-0001, United States
- ZIP Code
- 20536-0001
- Solicitation Number
- Batteries0056
- Archive Date
- 9/18/2009
- Point of Contact
- Alice M. Hancock, Phone: 2149055458
- E-Mail Address
-
alice.hancock@dhs.gov
(alice.hancock@dhs.gov)
- Small Business Set-Aside
- N/A
- Description
- 52.212-3 Offeror Representations and Certification Commercial Items HSAR 3052.209-70 Prohibitions on Contracts with Corporate Expatriates Specifications and Drawing SYNOPSIS: This is a combined synopsis/solicitation prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is TECH0056 and is a Request for Quotations (RFQ). The award will be issued using Simplified Acquisition Procedures in accordance with FAR Part 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-35. This acquisition is posted for full and open competition. The NAICS code for this requirement is 335912, Primary Battery Manufacturing. The size standard is 1000 employees. The Government anticipates awarding one firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contract for a one year base period and four one-option option periods for Freight On Board (FOB) Destination delivery of the items listed below. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: (1) Technical Acceptability (Pass/Fail basis) (2) Price (3) Delivery Time Technical Acceptability: New batteries/packs meeting the specifications and requirements identified below. If an "equal" brand item is proposed, the offeror shall submit technical data and a sample of each item proposed, that shall not be returned to the contractor, for Government verification of the "equal" status. Price: Offerors shall provide a firm fixed unit price for each item, for each performance period (base year and four one-year option periods). Prices shall include shipping/delivery charges and any other costs for that item. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Delivery Time: The contractor shall propose the delivery time they commit to make in terms of number of days after receipt of order. A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Items Required: 1. SAFT LSH14 (or equal) 3.6 Volt 5800MAH battery with tabs (see specifications, attached) 2. SAFT LSH20 (or equal) 3.6 Volt 1400MAH battery with tabs (see specifications, attached) 3. Battery packs consisting of four SAFT LSH14 (or equal) 3.6 Volt 5800MAH batteries (see specifications and drawing, attached) Items will be ordered by the issuance of delivery orders by a Department of Homeland Security (DHS)/Immigrations and Customs Enforcement (ICE) Contracting Officer against this contract. Delivery locations shall be identified with each delivery order. All delivery locations will be within the continental United States. The minimum guarantee for orders against this contract shall be $70,000.00 over the life of the contract. The minimum delivery order amount shall be $100.00. Historical data: Over the past two years, this organization has purchased approximately: 1000 each battery packs per year 600 each 3.6VOLT 5800MAH batteries per year 300 each 3.6VOLT 1400MAH batteries per year The contractor shall adhere to all Federal, State and Local regulations regarding shipping requirements. Bidders must provide evidence of appropriate certification for the shipment of hazardous materials (lithium batteries) with their quote. Contractor's shall review, complete and return a signed copy of the following provisions (attached) with their quote: FAR 52.212-3 Offeror Representations and Certification Commercial Items HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates Payment will be based on inspection and acceptance of the delivered product at destination. NOTE: See 52.204-7, Central Contractor Registration (CCR). A prospective awardee shall be registered in CCR prior to award. Information on registration may be obtained at: http:///www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. All vendors must complete the electronic version of the Online Representations and Certifications (ORCA) at: http://www.bpn.gov and clicking on the online Reps and Certs Application. All responsible sources interested in responding to this RFQ must respond no later than 5:00 PM Central Standard Time on September 3, 2009. Faxed and e-mailed quotes will be accepted. Faxed quotes may be sent to the attention of Alice Hancock at 214-905-5568 and e-mailed quotes may be sent to alice.hancock@dhs.gov. Contractors are responsible for verifying receipt of their quotes. FAR 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 FAR and HSAR provisions and clauses may be accessed electronically at this address: http://farsite.hil.af.mil (End of clause). The following FAR provisions and clauses apply to this combined synopsis/solicitation and are incorporated by reference- 52.212-1 Instructions to Offerors Commercial Items (JUN 2008) 52.212-3 Offeror Representations and Certification Commercial Items (JUL 2009) (File attached) An Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an Offeror has not completed the annual representations and certifications electronically at the ORCA website, the Offeror shall complete paragraphs (c) through (n) of this provision. 52.212-4 Contract Terms and Conditions, Commercial Items (MAR 2009) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JUN 2009) The following additional clauses under FAR 52.212-5(b) are applicable: 52.203-6, Restrictions on Subcontractor Sales to Government (Sep 2006) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) 52.219-8, Utilization of Small Business Concerns (May 2004) 52.219-14, Limitations on Subcontracting (Dec 1996) 52.219-28 Post Award Small Business Program Representation (Apr 2009) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2008) (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) 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) 52.225-5 Free Trade Agreements (Aug 2009) 52.225-13 Restriction on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) 52.247-34 F.O.B. Destination (NOV 1991) The following FAR provisions and clauses apply to this combined synopsis/solicitation and are incorporated full text- 52.216-18 Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award through expiration of contract. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause) 52.216-19 -- Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of $499,999.99; (2) Any order for a combination of items in excess of $499,999.99; or (3) A series of orders from the same ordering office within seven days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) 52.216-22 -- Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after contract expiration. (End of Clause) 52.217-5 -- Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of Clause) HSAR 3052.209-70 Prohibitions on Contracts with Corporate Expatriates (Jun 2006) (File Attached)
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