PRESOL | 72 | CookTop Controls for CPSC - RFP - Synopsis

FBO DAILY ISSUE OF JUNE 25, 2010 FBO #3135
SOLICITATION NOTICE

72 -- CookTop Controls for CPSC - RFP - Synopsis

Notice Date: 6/23/2010
Notice Type: Combined Synopsis/Solicitation
NAICS: 334512 — Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use
Contracting Office: General Services Administration, Federal Acquisition Service (FAS), Assisted Acquisitions Services (WQA), 301 7th St SW Rm 6109, Washington, District of Columbia, 20407, United States
ZIP Code: 20407
Solicitation Number: NP6100090930
Archive Date: 7/29/2010
Point of Contact: Derrick Dudley, Phone: 2027086422, Stephanie A Kelly, Phone: 2027087408
E-Mail Address: derrick.dudley@gsa.gov, stephanie.kelly@gsa.gov
(derrick.dudley@gsa.gov, stephanie.kelly@gsa.gov)
Small Business Set-Aside: N/A
Description: Combined Synopsis/Solicitation CPSC Reports Product Accessibility QASP COTR Letter of Appointment Certificate of Nondisclosure Nondisclosure CPSC Reports REQUEST FOR PROPOSAL: PLEASE READ THE REQUEST FOR PROPOSAL AND FOLLOW INSTRUCTIONS. Date: June 23, 2010 Classification Code: 334 - Computer and Electronic Manufacturing; NAICS 334512 Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use. Solicitation Number: NP6100090930. Contracting Office Address: General Services Administration, Federal Acquisition Service, Assisted Acquisition Services, 301 7th Street, SW; Room 6109, Washington, DC 20407-0001 A. DESCRIPTION OF ACTION : This is a combined synopsis/solicitation for the acquisition of contractor services to develop and refine temperature-limiting control technology that will help to reduce the incidence of unattended cooking fires resulting from ignition of food in a cooking vessel on a cooktop/range. This combined synopsis/solicitation is prepared in accordance with the format in Federal Acquisition Regulation (FAR) 12.6 ( http://www.arnet.gov/far/current/html/Subpart 12_6.html#wp1088488) in conjunction with the policies and procedures for solicitation, evaluation and award prescribed under FAR Part 13 - Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-37. This announcement constitutes the only solicitation that will be released. A Proposal from vendors in this business area is being requested and a written solicitation will not be issued. All amendments and any other official communications, if any, from the agency regarding this solicitation will be distributed via https://www.fbo.gov or by a means that provides access to the notice of proposed contract action through the Government-wide point of entry. B. BACKGROUND: From 2002 to 2004, CPSC staff estimates that ignition of food in a cooking vessel while on a cooktop caused an annual average of 31,200 fires, 160 deaths, 1980 injuries, and $274 million in property loss. U.S. Consumer Product Safety Commission (CPSC) staff has conducted or sponsored several studies aimed at reducing fires involving ignition of cooking materials on cooktops. The research demonstrated that food temperatures and pan-bottom temperatures are reliable indicators of pending ignition that can be exploited to initiate automated temperature-limiting controls for the surface elements to prevent food ignition. CPSC staff conducted and sponsored research to develop experimental range control systems for three types of residential cooktops/ranges: electric coil-type, gas, and electric glass/ceramic. Each of these experimental control systems showed promise in preventing cooktop fires. The results of this research were presented to an ANSI/Underwriters Laboratories (UL) 858 Standards Technical Panel (STP) to help establish performance requirements for any range or cooktop to meet to reduce the incidence of cooking fires. An STP working group developed a list of Technical Feasibility Performance Goals (TFPG) to establish a baseline against which candidate systems could be designed and tested. The resultant task order will be awarded to provide engineering services to further develop residential range fire control systems (for electric, gas, electric glass/ceramic thermally-conductive and electric glass/ceramic electromagnetic induction cooktops) and evaluate their performance with respect to the TFPGs. The range control systems being demonstrated shall be applied to production-model residential ranges. C. SCOPE : The General Services Administration (GSA) requires the following services in support of CPSC: CLIN Task /Description Quantity Unit Price TOTAL FIRM FIXED PRICE 0001 Task 1 Task Order Program Management, Project Management and Quality Assurance 1 LOT 0002 Task 2 Design and Construct Prototypes 1 LOT 0002A Task 2 Design and Construct Prototype 1 0002B Task 2 Design and Construct Prototype 2 0002C Task 2 Design and Construct Prototype 3 0002D Task 2 Design and Construct Prototype 4 0003 Task 3 Prepare Test Plans and Test Prototypes 1 LOT 0003A Task 3 Prepare Test Plans and Test Prototype 1 0003B Task 3 Prepare Test Plans and Test Prototype 2 0003C Task 3 Prepare Test Plans and Test Prototype 3 0003D Task 3 Prepare Test Plans and Test Prototype 4 0004 Task 4 Prepare Data Analysis and Testing Results Report 1 LOT 0005 Task 5 Prepare Feasibility Report 1 LOT 0006 Task 6 Prepare Final Report 1 LOT TOTAL NTE Labor CLINS 0001-0006: $___________________ C.1 Travel Long distance travel is not anticipated for this requirement and will not be a cost reimburseable item. Local travel will be required and the cost to the government will not be a reimburseable item. Under the scope of the resultant task order, the contractor shall provide all labor, materials and equipment necessary to develop four prototype range control systems (for electric, gas, electric glass/ceramic thermally-conductive and electric glass/ceramic electromagnetic induction cooktops) to detect pre-ignition conditions as a means of reducing the risk of unattended cooking fires. Local travel to CPSC locations within the Washington DC metropolitan area will be required to support this effort. Long distance travel is not anticipated for completion of any resultant task order requirements. C.2 TASKS TO BE PERFORMED This Statement of Work defines the requirements and acceptable performance levels. Independently, the contractor shall furnish all necessary personnel, materials, services, and facilities to perform the work set forth below, except as provided in Section 8, "Government Furnished Materials." C.2.1 Contractor shall perform the following tasks: C.2.1.1 Task 1: Task Order Program Management, Project Management and Quality Assurance (CLIN 0001) The contractor shall provide all necessary personnel, material, and equipment, administrative, financial, and managerial resources necessary for the support of the resultant task order. The contractor shall participate in a Government-scheduled, Kick-Off Meeting after task order award. Key prime contractor and any shall participate in the Kick-Off Meeting. The purpose of this Kick-Off Meeting is to: (1) aid both the Government and contractor personnel in achieving a clear and mutual understanding of all requirements, and (2) identify and resolve potential problems. The contractor shall be prepared to discuss any issues requiring clarification and gather information necessary for the Project Management. The Government and contractor will schedule the Kick-Off Meeting. It is anticipated that the Kick-Off Meeting will be 1 work day in duration. The contractor shall begin preparation of the work efforts following successful completion of the Kick-Off Meeting. Within a week after task order award (at a mutually agreeable date, time & place), the contractor shall conduct a Kick Off briefing for the Government. The Government does not desire an elaborate orientation briefing nor does it expect the contractor to expend significant resources in preparation for this briefing. Rather, the intent of the briefing is to initiate the communications process between the Government and contractor by introducing key participants and explaining their roles, reviewing communications ground rules, and assuring a common understanding of requirements. C.2.1.1.1 Project Management Plan The contractor shall develop and maintain throughout the task order period of performance, a Project Management Plan (PMP) that shall be used as a foundation for information and resource management planning. The contractor shall deliver the PMP to the Government within 15 work days after Task Order award. The PMP shall include, but not be limited to, the following: •· Status of current and planned tasks and subtasks •· Task dependencies and interrelationships •· Deliverables (draft, interim, final, etc.), •· Quality Control plan The contractor shall keep the PMP up-to-date, be accessible electronically at any time, and be prepared to brief any PMP content to the Government at short notice (within 24 hours). The PMP shall be used as a foundation for the Status Report. C.2.1.1.2 Quality Assurance The contractor shall institute and maintain a capability to ensure the quality of the products and services required under this task order. The contractor shall apply industry standards and best practices. Quality assurance practices in program management to include, at a minimum, identification of quality control factors and processes, evaluation methods, earned value, and process improvement. The contractor shall prepare a Quality Control Plan (QCP) and perform quality control functions in accordance with the Plan. The contractor shall deliver quality control reports as described in the government-approved QCP. The QCP may be modified as the project progresses by coordinated approval of the contractor and the government. The contractor will be required to provide the government written notice of impending problems with its work efforts on a Problem Notification Report. C.2.1.2 Task 2: Design and Construct Prototypes (CLIN 0002: 0002A-0002D) The contractor shall design and construct prototype range control systems that are capable of detecting pre-ignition conditions of food being heated in a cooking vessel and shutting off or modulating electric power/gas flow to the heating element such that ignition does not occur. The system shall also be capable of meeting the performance requirements prescribed by the Technical Feasibility Performance Goals (TFPGs). The prototype range control systems shall be integrated with current-model production residential cooktop/ranges that are commonly found in homes in order to demonstrate the feasibility and performance of each design. The prototypes shall include the following four heating element types: electric, gas, and electric glass/ceramic thermally-conductive and electric glass/ceramic electromagnetic induction cooktops. The contractor shall meet with CPSC staff at the contractor's facilities to review the prototype designs that will be used in the TFPG testing. C.2.1.3 Task 3: Prepare Test Plans and Test Prototypes (CLIN 0003: 0003A- 0003D) The contractor shall develop a test plan for each prototype. The contractor shall conduct tests in accordance with the final test plans as approved by CPSC staff. The contractor shall test the four prototype range designs in accordance with the requirements contained within the TFPGs. To streamline the test program, the contractor may exclude TFPG requirements that are determined to be unnecessary as a result of the technology being used. The contractor shall provide a test plan describing what tests will be performed to CPSC staff for concurrence. The contractor shall include the rationale for any exclusions from the TFPG requirements in the test plan. C.2.1.4 Task 4: Prepare Data Analysis and Testing Results Report (CLIN 0004) The contractor shall provide a data analysis and results report focusing on the primary objectives of this requirement: •· Development of prototype range control systems to detect pre-ignition conditions as a means of reducing the risk of unattended cooking fires. •· Identification of areas where system designs fell short of TFPGs. •· Recommendations identifying follow-on work to overcome design shortfalls and that will lay the groundwork for development of food ignition-propensity reduction requirements for the voluntary safety standards. The report shall include a list of all parts used in modifying the baseline production-model ranges to meet the TFPG and provide the cost and supplier for each functional component. C.2.1.5 Task 5: Prepare Feasibility Report (CLIN 0005) A report shall be prepared on the feasibility of the prototypes to the TFPGs to establish feasibility for the residential market. C.2.1.6 Task 6: Final Report (CLIN 0006) All of the items identified in 2.5 shall be included in the draft and final reports. The final report shall also include the comments provided by CPSC on the draft report. C.2.2 Section 508 Compliance (resultant task order requirement, not a separate task) Section 508 of the Rehabilitation Act requires Federal agencies to make their electronic and information technology accessible to people with disabilities. This applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. All electronic and information technology (EIT) procured through the resultant task order must meet the applicable accessibility standards specified in 36CFR1194.2, unless an agency exception to this requirement exists. Any agency exceptions applicable to the resultant task order are listed below. The standards define Electronic and Information Technology, in part, as "any equipment or interconnected system or subsystem of equipment that is used in the creation, conversion, or duplication of data or information. The standards define the type of technology covered and set forth provisions that establish a minimum level of accessibility. The application section of the standards (1194.2) outlines the scope and coverage of the standards. The standards cover the full range of electronic and information technologies in the Federal sector, including those used for communication, duplication, computing, storage, presentation, control, transport and production. This includes computers, software, networks, peripherals and other types of electronic office equipment. Applicable Standards, which apply to this acquisition Section 1194.21: Software Applications and Operating Systems __________. Section 1194.22: Web-based Internet Information and Applications ____________. Section 1194.23: Telecommunications Products _______________. Section 1194.25: Self-Contained, Closed Products _____X________. Section 1194.26: Desktop and Portable Computers _____________. Section 1194.31: Functional Performance Criteria ______________. Agency Exceptions, which apply to this acquisition National Security System _____________. Acquired by a contractor incidental to a contract _________. Located in spaces frequented only by a service personnel for maintenance, repair or Occasional monitoring of equipment ____________. Would impose and undue burden on the agency ____________. There are no exceptions that apply to this acquisition. Please review and advise if you can meet the government's minimum requirements. Please outline any requirements offered which do not meet the government's minimum requirements and attach as a separate word document. Delivery of the Burn Box Container is required within Sixty(60) Days, After Receipt of Order (ARO). FOB Destination: Welcome, MD 20693. POC for Delivery: Will be disclosed after award of order. D. PACKAGING AND MARKING All reports and deliverables shall be submitted electronically through GSA's electronic task order system (ITSS). D.1 Packaging All reports and deliverables that are in hard copy format, as opposed to electronic format, and that are physically transported through the U.S. mail or private courier services, are to be securely packaged using the contractor's best practices. Materials produced under this task order are to be handled by the contractor as confidential documents and marked For Official Use Only (FOUO). D.2 Marking All reports and deliverables that are in hard copy format, as opposed to electronic format, and that are physically transported through the U.S. mail or private courier services, are to be addressed to the individual at the office or floor at the end destination, with the outside package clearly marked to indicate the order number and the recipient's office telephone number. E. INSPECTION AND ACCEPTANCE BY THE GOVERNMENT E.1 Place of Inspection and Acceptance Inspection and acceptance of all work performed, reports and other deliverables under the resultant task order shall be performed by the following GSA COTR and the client representative at the address specified below: Martha S. Banks, PMP GSA/FAS/AAS Contracting Officer's Technical Representative (COTR) 301 7 th Street, S.W. - Room 6109 Washington, D.C. 20405-0001 Phone: 202 205 3339 Email: martha.banks@gsa.gov Client POC to be provided at task order award. Inspection and Acceptance will occur at: Consumer Product Safety Commission (CPSC) Location to be provided upon award. E.2 Scope of Inspection E.2.1 All deliverables will be inspected for content, completeness, accuracy and conformance to task order requirements by the GSA COTR and the client representative. E.2.2 The Government requires a period not to exceed thirty (30) days after receipt of final deliverable items for inspection and acceptance or rejection. E.3 Basis of Acceptance E.3.1 (CLINs 0001-0006) The basis for inspection/acceptance shall be in compliance with the requirements set forth in the resultant Task Order, the Contractor's response and other terms and conditions of the task order including the Government Quality Assurance Surveillance Plan (QASP), Any products/services/deliverables rejected shall be corrected in accordance with the applicable clauses. NOTE: Inspection and acceptance documentation must be received and included in the contract file prior to payment of invoices. E.3.1.1 Items such as travel and ODCs will not be accepted for the resultant task order. E.3.2 Reports, documents, and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the Government have been corrected. E.3.2.1 The contractor shall provide delivery of electronic copies of each deliverable. Electronic copies shall be delivered via email attachment or other media by mutual agreement of the parties. The electronic copies shall be compatible with MS Office 2003 or later or other applications as appropriate and mutually agreed to by the parties. E.3.2.2 The contractor shall use best commercial practice for formatting deliverables under the resultant task order. E.3.2.3 If the draft deliverable is adequate, the Government may accept the draft and provide comments for incorporation into the final version. E.3.2.4 All of the Government's comments to deliverables must either be incorporated in the succeeding version or the contractor must demonstrate to the Government's satisfaction why such comments should not be incorporated. E.3.2.5 If the Government finds that a draft or final deliverable contains spelling errors, grammatical errors, improper format, or otherwise does not conform to the requirements stated within this task order, the document may be immediately rejected without further review and returned to the contractor for correction and re-submission. F.1 Deliverables All written deliverables (see Section F.2.4) require at least three iterations - an initial draft, an interim final draft, and a final. The final document must be approved and accepted by the Government. The contractor shall submit draft and final documents using Microsoft Office 2003 or later, to the Government electronically. The Government must have 15 business days for review and submission of written comments to the contractor on initial draft and final draft documents. The contractor shall incorporate the Government comments into the final draft and final deliverable before submission. NOTE: THE COSTS TO DEVELOP, DELIVER, AND IMPLEMENT ALL DRAFTS AND FINAL DELIVERABLES MUST BE INCLUDED IN THE CONTRACTOR'S PROPOSALD LABOR RATES. F.1.1 The Government will provide written acceptance, comments and/or change requests, if any, within fifteen (15) working days from receipt by the Government of the initial deliverable. F.1.2 Upon receipt of the Government comments, the contractor shall have ten working days to incorporate the Government's comments and/or change requests and to resubmit the deliverable in its final form. F.1.3 Written Acceptance/Rejection by the Government The Government shall provide written notification of acceptance or rejection of all final deliverables within 30 days. Absent written notification, final deliverables will be construed as accepted. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection. F.1.4 Non-Conforming Products or Services Non-conforming products or services will be rejected. Deficiencies will be corrected, by the Contractor, within ten (10) work days of the rejection notice. If the deficiencies cannot be corrected within ten (10) work days, the Contractor will immediately notify the GSA COTR of the reason for the delay and provide a proposed corrective action plan within ten (10) work days. F.2 DELIVERIES OR PERFORMANCE Contractor personnel shall be required to perform their duties at the contractor's facility (95%), at the government site in the Washington, DC metropolitan area (5%) for in-progress reviews and project meetings. F.2.1 Notice Regarding Late Delivery The contractor shall notify the GSA COTR as soon as it becomes apparent to the contractor that a scheduled delivery will be late. The contractor shall include in the notification the rationale for late delivery, the expected date for the delivery and the project impact of the late delivery. The GSA COTR will review the new schedule and provide guidance to the contractor via a TO modification. Such notification in no way limits the Government's right to any and all rights and remedies up to and including termination. F.2.2 Place(s) of Delivery Originals of all correspondence and reports related to this RFP shall be delivered to the GSA Contracting Officer's Technical Representative at the address below: GSA/FAS/AAS National Capital Region ATTN: Robert Larick, PMP, COTR 301 7th Street, S.W. - Room 6109 Washington, D.C. 20405-0001 Telephone: 202 205-4607 F ax: 202 708-0034 Email: robert.larick@gsa.gov Copies of all correspondence and reports shall be delivered to the POC at the address below: To be provided at task order award. F.2.3 Period of Performance The period of performance begins on the date of task order award. The period of performance for the Task Order is one-year with no options. F.2.4 Task Order Schedule and Milestone Dates The following schedule of milestones will be used by the GSA COTR to monitor timely progress under this Task Order. MILESTONE/DELIVERABLE CLIN Number SOW Reference PLANNED COMPLETION DATE Task Order Program Management, Project Management and Quality Assurance 0001 C.2.1.1 7 Days After Task Order Award Develop Project Management Plan 0001 C.2.1.1.1 10 Days After Task Order Award Prepare Quality Control Plan 0001 C.2.1.1.2 30 Days After Task Order Award Design and Construct Prototypes 0002 C.2.1.2 NLT 120 Days After Completion of CLIN 0001 Prepare Test Plans and Test Prototypes 0003 C.2.1.3 NLT 120 Days After Completion of CLIN 0002 Prepare Data Analysis and Testing Results Report 0004 C.2.1.4 NLT 30 Days After Completion of CLIN 0003 Prepare Feasibility Report 0005 C.2.1.5 NLT 15 Days After Completion of CLIN 0004 Final Report 0006 C.2.1.6 25 Days After Completion of CLIN 0005 F.2.4.1 Letter of Transmittal A transmittal letter that will identify the task order, shall accompany all deliverables submitted under this task order. A copy of the transmittal letter shall be forwarded to the Contracting Officer for inclusion in the contract file. G. GOVERNMENT FURNISHED PROPERTY (GFP) No government furnished property will be provided. G.1 Government Furnished Information (GFI) All Government furnished property shall remain the property of the Government and shall be returned to the Government prior to the end of this task order. In addition, sharing of Government furnished information shall only be done after obtaining written approval from the Government, in advance of sharing Government furnished information. Any Contractor contributions to Government furnished information under this task order shall become property of the Government. The government provides GFI in the form of previous Studies that have been performed for Cook Top Controls and are attached in Section 15.0. Below are the titles of these reports: •1. CPSC GLASS COOKTOP STUDY #10 •2. CPSC GLASS COOTOP STUDY II - DRAFT - TEST #2 •3. CPSC CERAMIC COOKTOP FINAL REPORT (CLEARED) - REPORT #1 •4. CPSC PHASE III - TEST #3 •5. CPSC PHASE IV - STUDY #6 •6. CPSC RANGE FIRE STUDY REPORT LIST 2010 - REPORT #1 •7. CPSC FINAL ADL REPORT - FINAL REPORT •8. ENERGY INTERNAL I - STUDY #5 •9. NISTIR 5729 - STUDY #7 •10. NISTIR 5950 - STUDY #4 •11. RANGE 1999 - STUDY #8 •12. RANGE 2001 - STUDY #9 G.2 CONTRACTOR FURNISHED PROPERTY (CFP) Except as specified herein, the contractor will be responsible for furnishing all consumables, workstations, equipment, furniture, computer needs, and any other supplies necessary to perform the work required by the task order. The costs for CFP must be included in the contractor's Proposald labor rates. No CFP shall be separately charged to the Government. At task order completion, the contractor shall remove any CFP that was not charged to the Government. H.1 SECURITY/PRIVACY REQUIREMENTS The contractor shall provide a National Agency Check (NAC) for all contractor employees who are to be provided access to Government e-mail/internet, LAN/WAN and other Government information networks. Work on this project may require that contractor personnel have access to sensitive, privileged, or Privacy Act information. Personnel shall adhere to the Privacy Act, Title 5 of U.S. Code, section 552a and applicable Agency rules and regulations. Contractor personnel shall not divulge or release privacy data or information developed or obtained in the performance of this task order, until made public or specifically authorized by the Government. The Vendor must not use, disclose, or reproduce third party companies propriety data, other than as authorized and required in the performance of this task order. The Contractor shall notify the COTR within 24 hours, identifying personnel that no longer require access to Government information systems. Effective September 8, 2009, all Federal contractors and subcontractors must use E-verify. Executive Order 12909 mandates the electronic verification of all employees working on any federal contract. For more information, visit www.dhs.gov/e-verify. H.2 Organizational Conflict of Interest and non-disclosure requirements H.2.1 Organizational Conflict of Interest If the Contractor is currently providing support or anticipates providing support to the CPSC that creates or represents an actual or potential organizational conflict of interest (OCI) as defined in FAR Subpart 9.5, the Contractor shall immediately disclose this actual or potential OCI in accordance with FAR Part 9.5. The contractor is also required to complete and sign an Organizational Conflict of Interest Statement in which the Contractor (and any Subcontractors, consultants or teaming partners) provide information concerning the actual or potential conflict with any response for any solicitation relating to any work in the TO. All actual or potential OCI situations shall be handled in accordance with FAR Subpart 9.5. H.2.2 Non-Disclosure Requirements All Contractor personnel (to include Subcontractors, teaming partners, and consultants) who will be personally and substantially involved in the performance of the TO issued which requires the Contractor to act on behalf of, or provide advice with respect to any phase of an agency procurement, as defined in FAR 3.104-4, shall execute and submit a "Certificate of Non-Disclosure Agreement for Contractor Employees" Form (See Attachment C). This is required prior to the commencement of any work on such TO and whenever replacement personnel are proposed under an ongoing TO. Any information obtained or provided in the performance of this TO is only to be used in the performance of the TO. All contractor employees assigned to work under this task order shall complete Attachment B. Additionally, the contractor (and any Subcontractors, consultants or teaming partners) is required to complete and sign Attachment C, Sensitive Data Non-Disclosure Agreement. This is required prior to the commencement of any work under the task order. H.3 Invoice Submission For all invoices, the contractor shall provide invoice backup data, including labor categories, rates and quantities of labor hours. The Contractor shall utilize NCR's electronic system to submit invoices. Invoices shall be sent to: www.it-solutions.gsa.gov and www.finance.gsa.gov NOTE: In order to be considered for award, all vendors must be registered in the IT Solutions System. Any contractor that is not registered at time of award, shall not be considered for award. Contractor's can register at: https://web.itss.gsa.gov/itss/v41_helpdocs.nsf/HomeTellMeRegAbout/About+Contractor+Registration?OpenDocument H.3.1 Invoice Requirements The Contractor shall submit Requests for Payments in accordance with the format contained in GSAM 552.232-70, INVOICE REQUIREMENTS (SEPT 1999), to be considered proper for payment. In addition, the data elements indicated below shall be included on each invoice. Task Order number: (from GSA Form 300, Block 2) Paying Number: (ACT/DAC NO.) (From GSA Form 300, Block 4) NCR Project No.: NP 6100090930 Project Title: Cook Top Controls Redesign for Fire Prevention The Contractor shall provide invoice backup data, including labor categories, rates and quantities of labor hours. The Contractor shall submit invoices as follows: H.3.1.1 Invoice Instructions A proper invoice for each task order shall be submitted not later than 5 work days after acceptance bythe Government of the product, service, and/or cost item. In the absence of Government acceptance within 30 days, the contractor shall submit an invoice. A separate invoice for each task order shall be submitted on official company letterhead with detailed costs for each of the following categories: •· Total Price for Each CLIN •· Total invoice amount •· Prompt payment discount offered (if applicable) In addition to the above information, the invoice shall include the following minimum task identification: •· GSA task order number •· Accounting Control Transaction (ACT) number (assigned by GSA on the Delivery Order, GSA Form 300, Block 4) •· Period of Performance (month services performed for work request task orders, month deliverable completed for fixed price task orders). •· Invoice Number •· Client name and address When the paying office is GSA, the original of each invoice, with supporting documentation, shall be submitted electronically through ITSS www.it-solutions.gsa.gov and www.finance.gsa.gov. Invoices for final payment must be so identified and submitted when tasks have been completed and no further charges are to be incurred. These close-out invoices, or a written notification that final invoicing has been completed, must be submitted to the ordering agency within 30 days of task order completion. A copy of the written acceptance of task completion must be attached to final invoices. If the contractor requires an extension of the 30- day period, a request with supporting rationale must be received prior to the end of the 30-day period. H.4 Contract Administration Client COTR: To be provided upon task order award NCR COTR: Robert Larick, PMP GSA/FAS/AAS 301 7 th Street, S.W. - Suite 6109 Washington, DC 20405-0001 202 205 5607 robert.larick@gsa.gov NCR CO: Stephanie Kelly, Contracting Officer GSA/FAS/AAS 301 7 th Street, S.W. - Suite 6109 Washington, DC 20405-0001 202 708 7408 stephanie.kelly@gsa.gov H.4.1 Contracting Officer's Technical Representative (COTR) (a) A contracting Officer Technical Representative (COTR) may be appointed to assist the contracting officer in administration of this task order. (b) When the appointment of a COTR is deemed necessary, the contracting officer will issue the Attachment D formal Letter of Appointment defining the scope and limitations of the authority of the designated COTR. A copy of the COTR appointment letter will be maintained in the contract file. (c) In no event is the COTR authorized to direct any action which: (1) Exceeds the scope or limitations specified in the Letter of Appointment; or (2) Constitutes a change to the Statement of Work (SOW) or any other term or condition of the contract/task order. Such changes may be authorized only upon written notification by the contracting officer. H.5 EXERCISE OF OPTIONS H.5.1 52.217-8 Option to Extend Services. ( Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the expiration of any task order period. H.5.2 DATA RIGHTS FAR Clause 52.227-14 Alt and 52.212-4b are incorporated herein by reference. The Government has unlimited rights to all documents/material produced under this task order. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of the ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. The right does not abrogate any other Government rights under the applicable Data Rights clause(s). All data collected by the Contractor or provided to the Contractor in the performance of this contract are the property of the Government. The Government retains all rights to the data used and all derivative works developed by the Contractor. The Contractor agrees that during performance of the contract and for a period of six (6) years after the completion of performance of this contract, the Contractor, including all divisions thereof, and any affiliate of the Contractor, any joint venture involving the Contractor, any entity into or with which it may subsequently merge or affiliate, or any other successor or assign of the Contractor, shall not: Supply information or material received from this contract, to the public or to any firm participating in or having a known prospective interest in the subject matter areas for which the sensitive information such as the name or mission of the government agency/department that provided the data was initially submitted. H.6 KEY PERSONNEL PES Solicitation TFTP-MC-990871-B (January 2010), Specific Proposal Submission Instructions), paragraph (c)(8) contains the contract labor category descriptions. The contract labor category descriptions provide the minimum qualifications for the selected labor categories in paragraph 1 of this RFP. Key personnel must be the individuals the contractor intends to utilize directly to meet the task order requirements. The contractor shall propose appropriate labor categories for these positions. The contractor shall not include additional key personnel or key personnel education/training/experience greater than the requirements or minimums identified in this section. Key personnel must be assigned for the duration of the Task Order and may be replaced or removed subject to PES TFTP-MC-990871-B (January 2010). H.6.1 Supervision of Contractor Personnel The contractor-supplied personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed in the contract. The Contractor shall select, supervise, and exercise control and direction over its employees under this contract. The Contractor shall not supervise, direct, or control activities of Government personnel or the employees of any other Contractor. The Government shall not exercise any supervision or control over the Contractor in the performance of contractual services under the contract. The Contractor is accountable to the Government for the action of its personnel. I. CONTRACT CLAUSES I.1 Federal Acquisition Regulation (48 CFR CHAPTER 1) Solicitation Clauses (http://www.arnet.gov/far/) CLAUSE NO CLAUSE TITLE DATE 52.215-21 Requirements For Cost Or Pricing Data Or Information Other Than Cost Or Pricing Data - Modifications (Oct 1997) 52.219-8 Utilization Of Small Business Concerns (May 2004) 52.219-9 Small Business Subcontracting Plan (Jan 2002) 52.227-14 Rights In Data - General Alternate V (Jun 1987) 52.244-6 Subcontracts For Commercial Items (Dec 2001) J. ATTACHMENTS (Attached as separate documents) Attachment A - Quality Assurance Surveillance Plan Attachment B - Contractor Employee Non-Disclosure Agreement Attachment C - Certificate of Nondisclosure Agreement for Contractor Employees Attachment D - COTR Appointment Letter Attachment E - SF 33 Attachment F - Section 508 Accessibility Report Attachment G - CPSC Reports from Previous Studies (12 Separate Reports) L. SUBMISSION OF PROPOSALS L.1 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The Vendor is cautioned that the listed provisions may include blocks that must be completed by the Vendor and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Vendor may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. The solicitation provisions and/or contract clauses are available in either HTML or PDF format at http://www.arnet.gov/far/. CLAUSE NO CLAUSE TITLE DATE 52.215-1 Instructions to Contractors-Competitive Acquisition (Jan 2004) 52.215-20 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data - Alternate IV (Oct 1997) L.2 GENERAL INSTRUCTIONS •a. A Standard Form 33, "Solicitation/Offer and Award for Commercial Items," completed and signed by the Vendor, constitutes the Vendor's acceptance of the terms and conditions of the proposed Task Order. Therefore, the form must be executed by a representative of the Vendor authorized to commit the Vendor to contractual obligations. •b. Vendors are expected to examine this entire solicitation document including the Contract. Failure to do so will be at the Vendor's own risk. •c. Vendors shall furnish the information required by this solicitation. Vendors shall sign the Standard Form 33, Block 17. •d. The Government may make award based on initial offers received, without discussion of such offers. Accordingly, each initial offer should be submitted in as complete form as possible and without exception to any provision. The Government reserves the right to conduct discussions if the Government, in its sole discretion, determines that discussions are in the Government's best interest. •e. The Government will not pay any Vendor for preparation of their submission. f. Mark each sheet of data it wishes to restrict with the following legend: "Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this response or proposal." g. The Government assumes no liability for disclosure or use of unmarked data and may use or disclose the data for any purpose. Unless restricted, information submitted in response to this request may become subject to disclosure to the public pursuant to the provisions of the Freedom of Information Act (5 USC. 551). h. Submissions shall set forth full, accurate, and complete information as required by this solicitation package (including Attachments). The penalty for making false statements in responses is prescribed in 18 USC. 1001. i. Wherever in this solicitation "man", "men", or their related pronouns are used and other related pronouns (other than with reference to specific persons) as words or as parts of words, they have been used for literary purposes and are meant in their generic sense to include both males and females. j. Vendors must submit their responses by the date and time specified on the Standard Form 33. Late responses will be rejected and not considered for award. L.2.1 Submission of Questions Vendors are requested to submit their questions grouped by solicitation section and make reference to the particular Section/subsection number. Questions must be received before the date specified for receipt of questions: July 2, 2010 by 1:00 PM EST. Questions or requests for extension submitted after the cut‑off date will not be considered. Any information given to a contractor concerning this solicitation will be furnished promptly to other contractors as an amendment to the solicitation. L.2.2 Availability of Equipment and Software All commercial hardware and software proposed in response to this solicitation document shall have been formally announced for general release on or before the closing date of the solicitation. Failure to have equipment or software announced prior to submission of response may render the Vendor's response unacceptable. L.2.3 General Information The total ceiling price of the Task Order is between $280,000 and $300,000, including all costs for labor, materials, and fees. However, the government will consider offers outside this range. The government may employ individual technical consultants/advisors from the below listed organizations to review limited portions of the management/technical and price proposals: Integrity Management Consulting, Inc. These representatives will only be used to advise on specific technical, management, and price matters and shall not, under any circumstances, be used as voting evaluators. However, the government may consider the advice provided in its evaluation process. If so utilized, personnel from these organizations will be required to execute a non-disclosure statement. L.2.4 Submission of Proposals The closing date for submission of Proposals in the parts specified below is April 13, 2010 @ 2:00PM EST. Each Proposal shall be in two (2) parts. Part I, Is the written Cost/Price portion and shall contain the following: •· Solicitation/Offer and Award for Commercial Items (SF 33 (TAB A), •· Completed pricing tables in Section 1 - Supplies or Services and Prices/Costs (TAB B), •· Cost/Price Supporting Documentation (TAB C), •· Organizational Conflict of Interest Statement (TAB D), and ● Vendor's Schedule Price List for all products/services proposed (TAB E) NOTE: The contractor's labor hour rates for each skill category under each CLIN must include all costs for labor, material and equipment necessary to perform the tasks required by this RFP. NOTE: No Assumptions, Conditions, Exceptions are permitted. Any response containing Assumptions, Conditions, or Exceptions will be rejected and is ineligible for award. Part II, is the written Technical portion and shall contain the following: •· Technical Approach NOTE: The technical approach must not exceed 25 double-sided sheets of paper inclusive of text and graphics, or 50 single-sided sheets of paper. Text must be in a font equivalent to Times New Roman, Font 12, or larger. Graphics may be in a format as selected by the Contractor. Proposal pages exceeding the page limits will not be evaluated. Note: One double-sided sheet of paper is equivalent to 2 single-sided sheets of paper of printed material. NOTE: No Assumptions, Conditions, Exceptions are permitted. Any response containing Assumptions, Conditions, or Exceptions will be rejected and is ineligible for award. The technical portion shall not contain any pricing information whatsoever. The Contractor shall submit Parts I and II on the due date indicated on the Standard Form 33. Late proposals will be rejected and not considered or evaluated for award. Pages in the contractor's response that exceed the maximum page lengths identified in this RFP will be disregarded and not considered or evaluated for award. Attached, incorporated or referenced documents in the proposal are included in the page length total. Proposals shall be submitted electronically email to: Derrick.Dudley@gsa.gov Proposals shall also be submitted electronically via email to the Contracting Officer at the address listed below. The original Part I and II and 1 copy of the technical proposal shall be mailed or hand delivered to: GSA/NCR/FAS/AAS Stephanie Kelly, Contracting Officer 301 7 th Street, SW - Room 6109 Washington, DC 20405-0001 202-708-7408 eMail: stephanie.kelly@gsa.gov The instructions for ITSS registration is as follows: The following are the Instructions for ITSS Registration for your company and company POC: (1) Company Registration From your browser: Go to the URL http://web.itss.gsa.gov Open the ITSS Home Page. See Accessing the ITSS Home Page for more details. Click on the New User Registration link under the Username login box. Click the Vendor Company button. Enter your company's name in the Company Name field. Be specific and accurate. Avoid acronyms and abbreviations. (2) Company POC Registration From your browser: Go to the URL http://web.itss.gsa.gov Open the ITSS Home Page. See Accessing the ITSS Home Page for more details. Click on the New User Registration link under the Username login box. Click the Register a Person button and follow the instructions. If you have any questions call the registration helpdesk at 877-243-2889 - Option 2 Electronic submissions must be compatible with MS Office 2003. L.2.5 Part I- Written Cost/Price Portion-Contents Written Cost/Price Responses shall be submitted in an original and 1 paper copy and an electronic copy. The response shall contain the following tabs: •a. Solicitation/Contract/Order for Commercial Items (SF 33) (Tab A). When completed and signed by the Vendor constitutes the Vendor's acceptance of the terms and conditions of the proposed Task Order. Therefore, the form must be executed by representatives of the Vendor authorized to commit the Vendor to contractual obligations. Vendors shall sign the SF 33 in Block #17. •b. Completed Pricing Tables provided in Section 1 - Supplies or Services and Prices/Costs (Tab B). The Vendor shall indicate the price to be charged for each CLIN in Section 1 rounded to the nearest whole dollar. •c. Cost/Price Supporting Documentation (Tab C). The information requested in the Proposal is required to enable the Government to perform cost or price analysis/reasonableness. The Vendor shall prepare one summary schedule (Section 1) which provides the Total Not-To-Exceed Amount for each CLIN and the Total Not-To-Exceed Price offered. Along with the summary schedule, the Vendor is required to provide full back-up documentation for each CLIN and proposed Task Area. The back-up documentation shall detail the labor categories to be used, labor hours proposed by category, and a total cost breakdown (to include a summary total for each cost component, i.e., labor, overhead, G&A, etc.). Discounts proposed shall also be identified. d. Organizational Conflict of Interest Statement (TAB D). The contractor shall complete and sign an Organizational Conflict of Interest Statement in which the Contractor (and any Subcontractors, consultants or teaming partners) disclose information concerning the actual or potential conflict with any response for any solicitation relating to any work in this RFP. All actual or potential OCI situations shall be handled in accordance with FAR Subpart 9.5. e. Vendor's Schedule Price List (TAB E). The contractor shall submit its schedule price list for all products/services proposed. All products/services proposed must be on the vendor's schedule contract or the schedule contract of a team member. If a teaming arrangement is contemplated; all team members must submit schedule price lists. Failure to have all products/services proposed awarded on the schedule contract by time of award, will result in the offer/Proposal being ineligible for award. Contractors must provide pricing for the 12 month period of performance. NOTE: This task order originally required pricing from PES FSC Class 871 - Professional Engineering Services under SIN 871-3, System Design, Engineering and Integration and SIN 871-4, Test and Evaluation. NOTE: The contractor's labor hour rates for each skill category under each CLIN and SIN included all costs for labor, material and equipment necessary to perform the tasks required by the RFP. NOTE: No Assumptions, Conditions, Exceptions were permitted. Any response containing Assumptions, Conditions, or Exceptions were to be rejected and made ineligible for award. L.2.6 Part II - Technical Portion-Contents Each Vendor shall submit all information described below. The Vendor shall provide original and 1 paper copy and an electronic copy containing all required sections of this Part. NOTE: RESPONSES THAT MERELY REPEAT THE LANGUAGE OF THE RFP AND/OR THAT MERELY INDICATE THAT THE CONTRACTOR WILL COMPLY WITH ALL OF THE RFP REQUIREMENTS, WITH NOTHING MORE, SHALL BE DEEMED UNACCEPTABLE AND WILL NOT BE CONSIDERED FOR AWARD. L.2.7 Technical Approach The technical approach shall describe the methodology for accomplishing each task and include a detailed plan for accomplishing all of the requirements of the RFP. NOTE: No Assumptions, Conditions, Exceptions are permitted. Any response containing Assumptions, Conditions, or Exceptions will be rejected and is ineligible for award. The contractor shall identify and describe the methodology and analytical techniques to be used in fulfilling the requirements identified in the solicitation. The contractor shall tailor the technical approach to achieve the requirements, objectives and goals as identified in the solicitation. The technical approach shall clearly describe the following: a. The contractor's technical approach/solution for meeting the support services, objectives and tasks. The discussion shall clearly identify the technical solution for each task including the approach, methodology, and analytical techniques as well as the proposed methodology to perform the requirements outlined in the RFP inclusive of all tasks. b. The contractor's understanding of all requirements identified in the RFP as demonstrated through its technical approach, specifically developing and implementing the required deliverables; c. The contractor shall map the technical approach/solution to the statement of work and include milestones. The contractor shall include the contractor's ability and plan to timely deliver all reports and other deliverables required by this RFP including the deliverables identified in section 5 by the designated milestones; d. The contractor shall discuss the complexity of each task area and what role the Government will play in each. e. The contractor's approach/process for customer relationship management and problem resolution; f. The contractor's approach for providing experienced personnel and their proposed staffing plan. NOTE: Do not provide resumes. L.2.8 Section 508 Compliance The contractor shall demonstrate compliance with Section 508 technical standards. Unless other information is readily available, the Government intends to rely solely on the information provided by the Contractor in making this determination. The Government is required to acquire Electronic and Information Technology (EIT) products and services that provide the greatest degree of compliance with Section 508 while satisfying the functional requirements. Hence, the Government will evaluate proposals submitted in response to this solicitation initially to assess the degree of compliance with the Section 508 requirements. Once the Government determines Section 508 compliance, the Government intends to evaluate responses and make an award on a best value basis in accordance with the remaining technical sub factors. In other words, based on the results of the Section 508 compliance determination, Contractors will be selected on the basis of their Proposal being the most advantageous to the Government, price and other factors considered. (See Attachment G) L.2.9 Type of Order A firm fixed price type task order will be awarded as a result of this solicitation. The estimated value of the proposed award is between $280,000 and $300,000. The government will consider offers that are outside this range. M. BASIS FOR AWARD The government anticipates awarding a firm fixed price order to the contractor whose proposal is the most advantageous to the Government, price and other factors considered. Proposals will be evaluated based on the factors described below. Award may be made to other than the lowest priced offer. The non-priced factor is more important than price. Evaluation Factors: 1. Technical Approach 2. Price 3. Section 508 Compliance M.1 Price/Cost - Part I Evaluation The Contractor's written cost/price proposal (TABS A through D) will be evaluated to determine price/cost reasonableness. Prices/Costs that are excessively high or low (without sufficient justification) may be considered unrealistic and unreasonable and may receive no further consideration. Any Proposal that is not within the total estimated value cited in Section 17.3 shall include an explanation. The Government will reject any proposal that includes any assumptions, conditions or exceptions. Tab E will be evaluated to assess whether or not an actual or potential Organizational Conflict of Interest exists. If a disclosed conflict of interest is found to exist that cannot be mitigated, avoided, or waived in accordance with FAR Part 9.5, that Contractor will be ineligible for award. The government will evaluate the proposed number of labor hours and mix of labor in evaluating the total price as well as any discounts proposed. The contractor is requested to provide discounts from its schedule pricing. For award purposes, the government will evaluate offers by adding the total price of all options to the total price for the basic requirement. Evaluation of options will not obligate the government to exercise the option(s). Any proposal that contains products/services that are not currently contained on the contractor's schedule contract or commercial pricelist (as identified in TAB E), will be ineligible for award. M.2 Technical Approach Evaluation - Part II The Government will evaluate the technical approach factor based on the clarity and completeness of the approach and the degree to which the response meets the requirements of the Solicitation and includes innovative and efficient methodologies. Specifically, the Government will evaluate the technical approach based on the following: a. The quality, accuracy and completeness of contractor's proposed plan to accomplish the solicitation requirements including the tasks outlined in section 2.5, and the completeness and appropriateness of milestones: b. The contractor's ability and plan to timely deliver all reports and other deliverables required by this RFP including the deliverables identified in Section 5 by the designated milestones; c. The contractor's understanding of all requirements identified in the RFP as demonstrated through its technical approach, specifically regarding the development, testing, and analysis of four prototype range control systems (for electric, gas, electric glass/ceramic thermally-conductive and electric glass/ceramic electromagnetic induction cooktops); d. The contractor shall map the technical approach/solution to the statement of work and include milestones. The contractor shall include the contractor's ability and plan to timely deliver all reports and other deliverables required by this RFP, including the deliverables identified in Section F.2.4 by the designated milestones. f. The quality, accuracy, experience and completeness of the contractor's proposed staffing plan, qualifications and requirements for each of the proposed labor categories to meet all solicitation requirements in Sections C and H. The Government will reject any Proposal that includes any assumptions, conditions or exceptions. M.2.1 Section 508 Compliance Proposals will be evaluated to assess the degree of described compliance of the proposed products and services to the identified Section 508 technical standards. Proposals that include products and services not fully compliant with the technical standards, as compared with responses that include fully compliant products and services will be eliminated from further consideration. M.2.2 Central Contractor Registry (CCR) In order to be considered for award, all Vendors must be registered in the Central Contractor Registration (CCR) System www.ccr.gov. M.3 Information Technology Service System (ITSS) All awards are issued using GSA's Regional ITSS. To receive award, all vendors must be registered in this system www.web.itss.gsa.gov. For assistance with registration, contact the Help Desk at 877 243 2889. N. INVOICE ADDRESS: Invoices shall be submitted to the GSA Office of Finance for approval and payment. Please be advised that your company shall be paid in full, Net 30 Days upon submission of a valid invoice to GSA. After delivery, invoices shall be submitted to: General Services Administration Accounts Payable (6BCP) 1500 E. Bannister Rd. Kansas City, MO 64141 O. GOVERNMENT CONTACTS : All questions regarding the RFP should be directed to the GSA Contract Specialist/ Contracting Officer listed below on or before COB Eastern Standard Time, July 14, 2010: FAS Contracting Officer: Stephanie Kelly 202-708-7408 stephanie.kelly@gsa.gov Or FAS Contract Specialist: Derrick Dudley 202-708-6422 derrick.dudley@gsa.gov. The Project Manager responsible for this acquisition is: Mr. Robert Larick 202-205-5607 robert.larick@gsa.gov. P. TERMS AND CONDITIONS - PROVISIONS AT : 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008) (http://acquisition.gov/far/current/ html/52_212_213.html) applies to this RFP. PLEASE SUBMIT PROPOSAL SHEET (LOCATED AT THE END OF THIS RFP) AND ATTACHMENTS AS PRESCRIBED ON PROPOSAL SHEET. - Provision 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (AUG 2009) applies to this solicitation. Vendors shall complete the on-line representations and certifications at http://orca.bpn.gov prior to the closing date and before submitting a Proposal in response to this solicitation. - Clause 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009) is hereby incorporated. The following clauses are an addendum to clause 52.212-4, and are hereby incorporated into this solicitation: 52.202-1 DEFINITIONS (JUL 2004) 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 2008) 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008) 52.232-1 PAYMENTS (APR 1984) 52.232-25 PROMPT PAYMENT (OCT 2008) 52.233-1 DISPUTES (JUL 2002) 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) F-FSS-290 DELIVERY HOURS (APR 1984) Where individual items are referenced to this paragraph, the delivery method used shall assure that all delivered items are Newly Manufactured and not remanufactured or refurbished items whatsoever. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (SEP 2009) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] *______* (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). *______* (2) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a). *______* (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). *______* (4) [Reserved] *__X___* (5) (i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644). *______* (ii) Alternate I (OCT 1995) of 52.219-6. *______* (iii) Alternate II (MAR 2004) of 52.219-6. *______* (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644). *______* (ii) Alternate I (OCT 1995) of 52.219-7. *______* (iii) Alternate II (MAR 2004) of 52.219-7. *___ _ _* (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637 (d) (2) and (3)). *______* (8) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2008) (15 U.S.C. 637 (d)(4)). *______* (ii) Alternate I (OCT 2001) of 52.219-9. *______* (iii) Alternate II (OCT 2001) of 52.219-9. *______* (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637 (a) (14)). *______* (10) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). *______* (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). *______* (ii) Alternate I (JUN 2003) of 52.219-23. *______* (12) 52.219-25, Small Disadvantaged Business Participation Program - ;Disadvantaged Status and Reporting (APR 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). *______* (13) 52.219-26, Small Disadvantaged Business Participation Program - Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). *______* (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004). *__X__* (15) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755). *_X__* (16) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126). *__X__* (17) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). *__X__* (18) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). *_____* (19) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). *_____* (20) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). *_____* (21) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). *_____* (22) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). *_____* (23) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (MAY 2008) (42 U.S.C. 6962 (c) (3) (A) (ii)). *______* (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962 (i) (2) (C)). *______* (24) 52.225-1, Buy American Act - Supplies (FEB 2009) (41 U.S.C. 10a-10d). *__ ___* (25) (i) 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act (JUN 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169). *______* (ii) Alternate I (JAN 2004) of 52.225-3. *______* (iii) Alternate II (JAN 2004) of 52.225-3. *______* (26) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). *___X__* (27) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). *______* (28) Reserved. *______* (29) Reserved. *______* (30) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). *______* (31) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307 (f)). *___X__* (32) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). *______* (33) 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332). *______* (34) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332). *______* (35) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). *______* (36) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). *______* (ii) Alternate I (APR 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] *______* (1) 52.222-41, Service Contract Act of 1965, as Amended (NOV 2007) (41 U.S.C. 351, et seq.). *______* (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). *______* (3) 52.222-43, Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). *______* (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (SEP 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 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 and 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 type and 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. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). (v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, as Amended (NOV 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.). (vii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. Q. METHOD OF EVALUATION: All proposals will be evaluated on the basis established in this combined/synopsis solicitation. Vendors are encouraged to offer maximum discounts and concessions to the Federal government. R. BASIS OF AWARD : The Government will evaluate all proposals received using the instructions provided and make an award resulting from the Request Proposal (RFP) to the responsible offeror whose proposal conforms to this RFP will provide the Best Value to the Government in terms of the method of evaluation stated above. PLEASE SUBMIT PROPOSAL SHEET AND ATTACHMENTS BY: 2:00 PM EST JULY 14, 2010 to stephanie.kelly@gsa.gov and derrick.dudley@gsa.gov using the following subject line: "Response to RFP NC6100090930 - CookTop Controls for CPSC. If unable to provide a proposal, please submit your negative response to this RFP. All proposals shall be submitted on a SF33 - Solicitation, Offer and Award, in response to this RFP and shall include the following information completed in its entirety: NAME OF OFFEROR: __________________________________________________ ADDRESS: ___________________________________________________________ POINT OF CONTACT: __________________________________________________ TELEPHONE NO: ___________________________ FAX: _____________________ EMAIL ADDRESS: _____________________________________________________ DELIVERY DAYS/DATE ARO: __ PRICE PER ITEM: $ ________________________ All proposed prices shall be fixed prices and maximum discounts and concessions are encouraged. The Federal Government is tax exempt. TAXPAYER IDENTIFICATION NUMBER: DUN & BRADSTREET NUMBER: In order to do business with the Federal Government, a Dun & Bradstreet number is required. For further information please refer to http://www.dnb.com/us - CCR REQUIREMENT - Offeror must be registered on Central Contractor Registration (CCR) before an award can be made to them. If the company is not registered in CCR, they may do so by going to CCR web site at http://www.ccr.gov and attach copy of registration to Proposal. ONLINE REPRESENTATIONS AND CERTIFICATIONS APPLICATION (ORCA) REQUIRED - The Government will award to the vendor whose offer is technically acceptable, meets mandatory requirements and represents the lowest price.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/notices/8288a7de6c065908ca3526433d6d0ba7)
Place of Performance: Address: GSA/NCR/FAS/AAS, 301-7th Street, SW - Room 6109, Washington, District of Columbia, 20407-0001, United States; Zip Code: 20407-0001
Record: SN02185628-W 20100625/100623234739-8288a7de6c065908ca3526433d6d0ba7 (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™

72 -- CookTop Controls for CPSC - RFP - Synopsis