SOLICITATION NOTICE
93 -- Granulated Rubber Bullet Trap - Buy American Statute
- Notice Date
- 9/18/2013
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 326299
— All Other Rubber Product Manufacturing
- Contracting Office
- Department of the Air Force, Direct Reporting Units, USAF Academy - 10 CONS, 8110 Industrial Drive, Suite 200, USAF Academy, Colorado, 80840-2315, United States
- ZIP Code
- 80840-2315
- Solicitation Number
- FA7000-13-T-0077
- Point of Contact
- Londres Medranda, Phone: 719-333-8927, Aaron Schulz, Phone: 7193338059
- E-Mail Address
-
londres.medranda@us.af.mil, aaron.schulz@us.af.mil
(londres.medranda@us.af.mil, aaron.schulz@us.af.mil)
- Small Business Set-Aside
- N/A
- Description
- Buy American Statute-Balance of Payments Program Certificate Combined Synopsis/Solicitation IAW FAR 12.603 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as a Request for Quotation, (RFQ), solicitation number FA7000-13-T-0077, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-69 effective 3 Sep 2013. The North American Industry Classification System Code (NAICS) is 326299 and the business size standard is 500. This is an unrestricted acquisition. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Division, USAF Academy (USAFA). Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this combined synopsis/solicitation could result in the quote being ineligible for award. It is the Offeror's responsibility to ensure their quote meets all the requirements identified herein. NOTICE: Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. Buy American Act and certification of compliance is required and must be submitted with quote (see DFARS clause 252.225-7001). The U.S. Air Force Academy has a requirement to purchase a brand name or equal granulated rubber bullet trap with the salient characteristics provided below. Item No. Description Quantity Unit Price/ExtendedPrice 0001 Bullet Trap Package 1 Each _______ _________ Meggitt Training Systems Model No. LE6500 or EQUAL - Height: 9' - Width: 72' - Depth: 4'4" or less from back wall to front of trap - Granulated Rubber - Rated to absorb handgun and rifle (subsonic.22 caliber ammunition) - Permanently installed - Non-vacuum recovery system - Complete unload, installation and training - Operations and maintenance manuals ***Include Freight and Installation in Unit/Extended Price*** OVERALL TOTAL __________ The following Federal Acquisition (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items, addenda applies: The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact name, address, telephone number of the offeror, unit price, extended price, past performance, any discount terms, warranty information, delivery terms, cage code, DUNS number, tax identification number, size of business and acknowledgement of solicitation amendments, if required. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Quotes must be received no later than 10:00 am MDT on 24 September 2013 at the 10CONS/LGCB, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Please submit quotes by e-mail to Londres Medranda, Contract Specialist, at londres.medranda@us.af.mil, or to Aaron Schulz, Contracting Officer, at aaron.schulz@us.af.mil The provision at FAR 52.211-6, Brand Name or Equal applies to this acquisition. 52.211-6 Brand Name or Equal (Aug 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) Addenda to FAR 52.212-1, PROPOSAL PREPARATION INSTRUCTIONS: a. Prices quoted must be Firm-Fixed Price to include shipping and handling charges based on F.O.B Destination. Quotes received with FOB: Other than Destination, WILL NOT BE CONSIDERED. Delivery is required no later than 30 Dec 2013. ADDRESS: AD Equipment Supervisor - F4BHM0 USAFA Athletics Department/Equip Rm 2168 Field House Drive USAF Academy, CO 80840 719-333-6286 b. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items and its Alternate I must be completed. Offerors are highly encouraged to complete all representations and certifications electronically on-line at: (https://www.sam.gov). If not completed on-line, 52.212-3 and its Alt I shall be completed in hard copy and submitted with quote. c. The provision at DFARS 252.225-7000, Buy American Act-Balance of Payments Program Certificate must be completed, signed and returned with quote (see Attachment 1). The certificate can also be obtained at http://farsite.hill.af.mil/. In accordance with FAR 52.212-4(t), System for Award Management (SAM), contractors must be registered with System for Award Management (SAM) to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration (www.sam.gov). The provision at FAR 52.212-2, Evaluation-Commercial Items apply to this acquisition: 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) a. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factor shall be used to evaluate offers: i. Technical ii. Price Award will be made on the basis of determining offerors who meet or exceed the salient characteristics listed below on a pass/fail basis and those offerors who pass (meeting salient characteristics) will then be evaluated on who offered the lowest evaluated price which meets or exceeds the requirements. If an offeror does not meet the salient characteristics, it will not be considered. The offeror of an "or equal" item must submit data that adequately demonstrates that its products meets or exceeds the salient characteristics in accordance with the provision at FAR 52.211-6, Brand Name or equal. Paragraphs b and c are not applicable as shown below: (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of Provision) FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (Feb 2012) applies to this acquisition. ADDENDUM TO FAR 52.212-4(c) CHANGES Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)) (End of Addendum) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2012) (DEVIATION) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to 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. (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) Reserved. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 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). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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. (End of clause) 52.232-18 -- Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of Clause) The provision at FAR 52.252-2, Clauses Incorporated by Reference applies to this acquisition: 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil. (End of Clause) Additional FAR clauses cited in the clause applicable to this acquisition are: 52.204-7 System for Award Management (Jul 2013) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) 52.209-6 Protecting the Governments Interests When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) 52.219-13 Notice of Set-Aside Orders (Nov 2011) 52.219-28 Post-Award Small Business Program Representation (Jul 2013) 52.222-3 Convict Labor (June 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (Mar 2012) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-35 Equal Opportuniy for Veterans (Sep 2010) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-37 Employment Reports on Veterans (Sep 2010) 52.222-50 Combat Trafficking in Persons (Feb 2009) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 252.232-7007--LIMITATION OF GOVERNMENT'S OBLIGATION (MAY 2006) (a) Contract line item 0001 is incrementally funded. For this item, the sum of $ 0.00 of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause. (b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s). (c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly. (e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes." (f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause. (g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause. (h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342. (j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule: On execution of contract TBD (End of clause) Additional DFARS clauses cited in the clause applicable to this acquisition are: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7005 Representation Relating To Compensation Of Former DoD Officials (Nov 2011) 252.209-7999 Representation By Corporations Regarding An Unpaid Delinquent Tax Liability Or A Felony Conviction Under Any Federal Law (Deviation 2012-O0004) (Jan 2012) 252.225-7001 Buy American Act and Balance of Payments Program (Dec 2012) 252.225-7002 Qualifying Country Sources as Subcontractors (Dec 2012) 252.232-7003 Electronic Submission of Payments Request (Jun 2012) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (a) Definitions. As used in this clause-- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall-- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). Combo (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. Destination (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* -------------------------------------------------------------------------------------------- Field Name in WAWF Data to be entered in WAWF -------------------------------------------------------------------------------------------- Pay Official DoDAAC F67100 Issue By DoDAAC FA7000 Admin DoDAAC FA7000 Inspect By DoDAAC F4BHM0 Ship To Code F4BHM0 Ship From Code Not Applicable Mark For Code Not Applicable Service Approver (DoDAAC) F4BHM0 Service Acceptor (DoDAAC) F4BHM0 Accept at Other DoDAAC Not Applicable LPO DoDAAC Not Applicable DCAA Auditor DoDAAC Not Applicable Other DoDAAC(s) Not Applicable -------------------------------------------------------------------------------------------- (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. Not Applicable (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. Not Applicable (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) 5352.201-9101 OMBUDSMAN (NOV 2012) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 <http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf> competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM/DRU or AFISRA ombudsmen, Kelly S. Snyder 8110 Industrial Drive, Ste 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-9018 email: kelly.snyder@us.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) ATTACHMENTS: 1. DFARS 252.225-7000, Buy American Statute-Balance of Payments Program Certificate
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- Place of Performance
- Address: USAF Academy, Colorado, 80840, United States
- Zip Code: 80840
- Zip Code: 80840
- Record
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