PRESOL | 84 | PURCHASE OF STEEL TOE SAFETY SHOES

FBO DAILY ISSUE OF APRIL 18, 2010 FBO #3067
SOLICITATION NOTICE

84 -- PURCHASE OF STEEL TOE SAFETY SHOES

Notice Date: 4/16/2010
Notice Type: Combined Synopsis/Solicitation
NAICS: 316213 — Men's Footwear (except Athletic) Manufacturing
Contracting Office: RCO Bavaria (PARC Europe, 409th CSB), Attn: AEUCC-G, Unit 28130, APO, AE 09114-8130
ZIP Code: 09114-8130
Solicitation Number: W912PB-10-R-0024
Response Due: 4/23/2010
Archive Date: 6/22/2010
Point of Contact: Rosemarie Seiger, 09641-83-8712
E-Mail Address: RCO Bavaria (PARC Europe, 409th CSB)
(rose.seiger@us.army.mil)
Small Business Set-Aside: N/A
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; proposals are being requested and a written solicitation will not be issued. 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 solicitation number is W912PB-10-R-0024. The solicitation is issued on an unrestricted basis and is open to all qualified offerors. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-36. The North American Industrial Classification System (NAICS) code for this acquisition is 316213. RCO-Bavaria is hereby soliciting offers from firms that specialize in selling commercially readily available Steele Toe Safety Shoes of European Standard.(CE EN ISO 20345:2004 S3 CI WR) Offers, inclusive of descriptive literature and price offers, are due by noon CET (local time, Grafenwoehr, Germany) on 23 April 2010 via electronic mail submission. All offers are to provide the minimum requirements and submissions as stated in FAR 52.212-1, Instructions to Offerors Commercial Items and attached Addenda to FAR 52.212-1. All offers are to be submitted via email to the attention of Robert E. Williams at robert.e.williams4@eur.army.mil and Rose Seiger by email at rose.seiger@eur.army.mil. Description RCO-Bavaria plans to purchase the following: 1.Haix Safety Shoes X11 Mid or Equal, The safety shoe shall fulfill the following criteria: 1.Tested and Approved European Standard (IAW, CE EN ISO 20345:2004 S3 CI WR), 2.Leather thickness 2,0 -2,2, 3.Breathable and waterproof with GOR-TEX HPR-system, 4.Exchangeable anatomically formed insole with Arch Support System, 5.Leg height 10cm, 6.Antistatic through sole, 7.Easy running lacing elements with black laces, The following quantities and sizes are required: QTY:SIZES (European Size) 3________41 5________42 8________43 6________44 4________45 2________46 2________47 Prices/rates for commercial items are not to include VAT as the U.S. Government is exempt from the local VAT. Delivery Required Delivery of all Steele Toe Safety Shoes will be no later than 15 June 2010. All items will be shipped FOB Destination, Hohenfels, Germany to the following address: USAG Hohenfels, PBO, Wagner Bettina, Bldg. 12, Hohenfels 92366. Offers for shipping FOB Origin will not be accepted. Section I Contract Clauses Clauses Incorporated by Reference 52.204-7 Central Contractor Registration 52.204-9 Personal Identification Verification of Contractor 52.209-6 Protecting the Governments Interest when subcontracting with contractors Debarred, Suspended, or Proposed for Debarment. 52.212-1 Instruction to Offerors-Commercial Items; 52.212-2 EvaluationCommercial Items. 52.212-3 Alt 1 Offeror Representation and Certification-Commercial Items; 52.212-4 Contract Terms and Conditions- Commercial Items 52.212-5 Contract Terms and Conditions Required to Implement Statutes and Executive Orders (Dec 2009) 52.225-17 Evaluation of Foreign Currency (FEB 2000) The following Defense Federal Acquisition Regulation Supplement (DFARS) clauses are applicable to this solicitation: 252.204-7004 ALT A Required Central Contractor Registration 252.204-7006 Billing Instructions 252.209-7002 Disclosure of Ownership or Control by a Foreign Government 252.222-7002 Compliance with Local Labor Laws (Overseas) 252.225-7041 Correspondence in English 252.225-7042 Authorization to Perform 252.229-7000 Invoices Exclusive of Taxes or Duties 252.232.7008 Assignment of Claims (Overseas) (JUN 1997) 252.232-7010 Levies on Contract Payments 252.233-7001 Choice of Law (Overseas) 252.243-7001 Pricing of Contract Modifications 252.201-7000 Contracting Officers Representative(COR)(Aug 1999) As prescribed in 201.602-70, use the following clause: CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) (a) Definition. Contracting officer's representative means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions. (b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract. --End of clause Local Contract Provisions and Clauses pertaining to this solicitation in full text as follows: CCE 225-4000 AUTHORIZATION TO PERFORM SERVICES IN GERMANY (MAR 2005) Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor also shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations. Contractor employees who: (a) are not nationals of Germany or other European Union countries, and (b) are not members of the force, the civilian component or their dependents, and (c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary Agreement to the NATO SOFA, shall possess work- and residence-permits. By acceptance of and performance under this contract and any task orders or delivery orders issued hereunder, the Contractor affirms that it has complied with the requirements above. Compliance with this clause and German law is a material contract requirement. Noncompliance by the Contractor or Subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract, task order, or delivery order for default. CCE 225-4001 INSTALLATION CLEARANCE REQUIREMENTS (MAR 2005) (a) Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements. (b) The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firms failure to comply with Installation Access Control (IAC) processing requirements. (c) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access. (d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website: http://www.ecc-e.army.mil/ under the library link (e) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract: Organizational Sponsor: Location: Building No: DSN Phone No: Commercial Phone No: Installation Access Control Offices: Location: Grafenwoehr Building No: 244, Room 134 DSN Phone No: 475-8414/8415 Commercial Phone No: +49 9641 83 8414/8415 Location: Hohenfels (0730 1130 hours) Building No: 770 DSN Phone No:466-4015 Commercial Phone No:+49 9472 83 4015 (1230 - 1600 hours) Building No:10 DSN Phone No:466-4029 Commercial Phone No: +49 9472 83 4029 CCE.233-4002AMC-LEVEL PROTEST PROGRAM (December 2008) If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to: HQ Army Materiel Command Office of Command Counsel 9301 Chapek Rd, Room 2-1SE3401 Ft. Belvoir, VA 22060-5527. Facsimile number (703) 806-8866 or 8875 Packages sent to FedEx or UPS should be addressed to: HQ Army Materiel Command Office of Command Counsel Room 2-1SE3401 1412 Jackson Loop Ft. Belvoir, VA 22060-5527 The AMC-level protest procedures are found at: http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures. CCE 237-4000 CONTRACTOR IDENTIFICATION REQUIREMENT (MAR 2005) All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their status as a Contractor is not obvious, are required to identify themselves as such to avoid being mistaken for Government officials. Contractors performing work at Government workplaces will provide their employees with an easily readable identification(ID)badge indicating the Employees name, the Contractors name, the functional area of assignment, and a recent color photograph of the Employee. Contractors shall require their employees wear the ID badges visibly when performing work at Government workplaces. Contractor personnel must also ensure that all e-mails, documents or reports they produce are suitably marked as Contractor products or that Contractor participation is appropriately disclosed. This combined synopsis/solicitation included the following attachments that may also be found on this website: 1.Addenda to 52.212-1 2.Addenda to 52.212-4 ADDENDA to 52.212-1 In addition to the minimum information to be provided with each offer (IAW FAR 52.212-1(b), all offerors shall submit the following: 1. A written narrative describing the companys history of providing quality Steel Toe Safety Shoes as described herein. 2. Descriptive Literature must show how each equal item meets all seven required critterion/standards. 3. Descriptive literature of shoes must be for commercially available shoes. 4. Firms unequivocal statement that all of the offered items are available, i.e. in stock and the firm can provide all the required quantities and sizes by 15 June 2010. 5. Discounts offered for the purchase of these safety shoes. 52.212-4 -- Contract Terms and Conditions -- Commercial Items. As prescribed in 12.301(b)(3), insert the following clause: Contract Terms and Conditions -- Commercial Items (Mar 2009) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds TransferCentral Contractor Registration, or 52.232-34, Payment by Electronic Funds TransferOther Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Governments convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractors records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Governments reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business days written notification of its intention to: (A) Change the name in the CCR database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the Suspension of Payment paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractors CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the Suspension of payment paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the Internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. (End of Clause)
Web Link: FBO.gov Permalink
(https://www.fbo.gov/notices/af948f9e37bc39572e645803dc3656cc)
Place of Performance: Address: RCO Bavaria (PARC Europe, 409th CSB) Attn: AEUCC-G, Unit 28130, APO AE; Zip Code: 09114-8130
Record: SN02124977-W 20100418/100417000032-af948f9e37bc39572e645803dc3656cc (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's FBO Daily Index Page |

Loren Data's SAM Daily™

84 -- PURCHASE OF STEEL TOE SAFETY SHOES