Federal Emergency Management Agcy, National Emergency Training Center, Procurement Branch, 16825 South Seton Avenue, Emmitsburg, MD 21727

58 -- TONE ALERT RECEIVERS (RADIOS) SOL EME-2000-RQ-0021 DUE 031500 POC Contract Specialist, Kimberly Logue (301) 447-1266 or Contracting Officer, Bryan McCreary (301) 447-1058 WEB: Click here to download a copy of the amendment, http://www.fema.gov/ofm/bidinfo.htm. E-MAIL: Click here to contact the Contract Specialist via, kim.logue@fema.gov. The notice posted in the CBD on February 9, 2000, by the Federal Emergency Management Agency (FEMA) for tone alert radios is hereby modified as follows: (1) The statement, "Delivery is required by May 15, 2000." is deleted, and replaced with "The offeror shall propose a delivery schedule as part of it's quote." (2) The previous criteria listed (1) through (3), along with the statements "Stated criteria are listed in descending order of importance" and "Award will be based on best value to the Government considering all factors, including optional feature(s) proposed/included in sample test unit", are deleted, and replaced with full text FAR clause 52.212-2 EVALUATION -- COMMERCIAL ITEMS "(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 factors shall be used to evaluate offers: (1) Sample test unit (with descriptive literature and manuals) meets all mandatory requirements specified, (2) Delivery schedule, (3) Past performance; NOTE: Offerors must submit a list of at least three references of similar requirements, including point of contacts with telephone numbers, and (4) Cost/price. Technical and past performance, when combined, are more important than cost/price. (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." The following FAR clause is incorporated in full text: 52.209-4 FIRST ARTICLE APPROVAL -- GOVERNMENT TESTING "(a) The Contractor shall deliver 10 units of the total Lot (3500) within 30 calendar days from the date of this contract to the Government at: (LOCATION TO BE SPECIFIED AT TIME OF AWARD) for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract. (b) Within 30 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. (c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests. (d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. (e) Unless otherwise provided in the contract, the Contractor -- (1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and (2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense. (f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. (g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test. (h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. (i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver." The due date for receipt of quotes, with a sample test unit, descriptive literature, technical manuals and standard operating manual, is extended to March 15, 2000, at 3:00 p.m. Eastern Standard Time to the locations specified in the February 9, 2000 notice. All other information contained in the notice of February 9, 2000 remains unchanged. Posted 02/11/00 (W-SN424745). (0042)

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