41--BLOWERS AND FANS

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the Federal Acquisition Regulation (FAR) Part 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 11. This Procurement is issued as a 100% Total Small Business Set-Aside procurement under Standard Industrial Code 3564 Blowers and Fans and Federal Supply Class 4140 Fans, Air Circulators, & Blower Equipment. This is an All or None, Brand Name or Equal offer. The agency need of the following requirements: CLIN 0001: EFi75XX 12" Blower 115 VAC Wiring (The EFi75XX Fan has a 30' Power Cord, with no plug) Qty: 7 Each P/N EB7201XX; CLIN 0002: 15 AMP, STD 3 Blade (Leviton #5266-C-Plug) Qty: 7 Each P/N EZ-5-15P; CLIN 0003: Conductive 12"/30cm Reinforced Duct Qty: 28Each P/N FDT-1225CBBCLIN 0004: 12"/30cm Duct Coupler (Coupler for the EFi and AFi Series) Qty: 14 Each P/N DC12CLIN 0005: 12" Duct Carrying Bag (Long) Qty: 28 Each P/N BG12L The requirement is for a firm-fixed price type contract with 5 CLINS. All prospective offerors are cautioned that in the event the Government is unable to determine price reasonableness based on the offers received and market analysis, the Government will not issue a contract. This decision is solely the decision and right of the Government. All efforts performed and all cost expended by prospective offerors in providing information requested by the solicitation are not subject to reimbursement by the Government. After an initial evaluation of proposals, FISC San Diego intends to conduct an on-line anonymous competitive reverse auction to be facilitated by a third-party reverse auction provider, Procuri.com (www.govauctions.procuri.com). This is a private reverse auction and only those offerors who are deemed to be technically capable of providing these items, after the government evaluation, will be invited to participate in the on-line reverse auction. Procuri has devel! oped an on-line, easy to use, browser based application to dynamically set prices for the procurement of goods and services. A complete description of the application may be accessed by clicking on the "Company Information", "Registration", "Our Services" and "Usage Guidelines" links from the procuri.com web page. For more information, see also the full text clause provided at the end of this notice titled" INSTRUCTIONS TO OFFERORS/QUOTERS CONCERNING REVERSE AUCTION". The following provisions apply: FAR 52.212-1, Instructions to Offerors Commercial Items, Addendum to FAR 52.212-1, Paragraph (b) (5) Offers shall provide an express warranty which at a minimum shall be the same warranty terms, including offers of extended warranties, offered to the general public. Express warranties shall be included in the contract; Offerors are required to complete and include a copy of the following provisions with their proposals: FAR 52.212-3, Offeror Representation and Certifications Co! mmercial Items. Clause FAR 52.212-4 Contract Terms and Conditions Commercial Items, applies as well as the following addendum clauses; FAR 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration; FAR 52.247-34 FOB Destination; Clause at 52.212-5 Contract Terms and Conditions Required To Implement Statues or Executive Orders - Commercial Items (Dec 2008) applies with the following applicable clauses for paragraph (b): FAR 52.203-13 Contractor Code of Business Ethics and Conduct (Dec 2008); FAR 52.219-6 Notice of Total Small Business Set-Aside (June 2003); FAR 52.219-9 Small Business Subcontracting Plan (Apr 2008), Alternate II (Oct 2001); FAR 52.219-14 Limitations on Subcontracting (Dec 1996); FAR 52.219.28 Post Award Small Business Program Rerepresentation (June 2007); FAR 52.222-3 Convict Labor (June 2003); FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Feb 2008); FAR 52.222-26 Equal Opportunity; FAR 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998); FAR 52.222-50 Combating Tr! afficking in Persons (Aug 2007); FAR 52.225-1 Buy American Act-Supplies (June 2003); FAR 52.232-33 Payment by Electronic Funds Transfer-Central Contract Registration; FAR 52.247-34 F.O.B. Destination; DFARS 252.212-7001 , Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisition of Commercial Items (Deviation) (Jan 2009), applies with the following clauses applicable for paragraph (b): DFARS 252.225-7012, Preference for Certain Domestic Commodities; DFARS 252.225-7001 Buy American Act and Balance of Payments Program (Jan 2009) and N00244L332 Unit Prices. DFARS 252.204-7004 Required Central Contractor Registration, 252.232-7003 Electronic Submission of Payment Requests and SUP +1 (555) 000-0000, applies to all solicitations issued on or after 6/1/98; Lack of registration in the CCR database will make an offeror/quoter ineligible for award. Please ensure compliance with this regulation when submitting your quote. Call 1! -888-227-2423 or on the Internet at www.bpn.gov for more information. Please ensure compliance with this regulation when submitting your proposal. The Government intends to make a single award to the responsible Offeror whose offer is the most advantageous to the Government considering price and price related factors. The Government intends to award the contract to the eligible, low-priced, responsible offeror. Provision 52.212-2 Evaluation Commercial Items applies with paragraph (a) completed as follows: Ability to meet both technical capability and the ability to meet the required delivery schedule represent MINIMUM criteria for acceptable award. Failure to meet one of these two criteria shall ender the offer to be technically unacceptable and will not be considered for award. Award will be made to that responsible offeror which meet both of the above minimum technical and schedule requirements and offers the lowest price. All responsible Offerors are to submit current pricing, delivery time, payment terms, CAGE code, Dunn and Bradstreet num! ber, Tax Identification Number and all applicable specifications regarding this solicitation. Also required are copies of applicable commercially published price lists pertaining to your company's services that meet the specifications, along with applicable government discounts. Initial pricing (quotes) and any technical information must be received no later than 3:00 PST, Wednesday, 25 Feb 2009 and will be accepted via Fax +1 (555) 000-0000, Attn: Charles E. Fletcher II or e-mail contact@example.gov. Quotes submitted as an attachment to an email should be sent in Word Version 6.0 or higher. Do not mail. Clause information can be downloaded from the internet from the following addresses; FAR Clauses http://acquisition.gov/comp/far/index.htmlDFARS Clauses http://www.acq.osd.mil/dpap/dars/dfaras/index.htm INSTRUCTIONS TO OFFERORS/QUOTERS CONCERNING REVERSE AUCTION A. REVERSE AUCTION NOTIFICATION 1. Revised prices will be submitted during a competitive, anonymous, on-line reverse auction, herein after referred to as a Dynamic Pricing Event (DPE). Potential offerors or quoters are encouraged to read and/or register on the reverse auction web site identified herein prior to preparing or submitting an offer or a quote in response to this solicitation. The review of the registration requirements, user agreement, usage guidelines, and privacy policy contained at http:///www.govauctions.procuri.com are critical; since submission of an offer or a quote indicates your agreement to the site owner's terms. 2. The Contracting Officer anticipates that a DPE will be conducted within _3_ calendar days of the closing date of this solicitation. Qualifying Offerors or Quoters will be notified of the specific date and time of the reverse auction at least 1 working days prior to commencement of the event. Notification will be by electronic mail, return receipt requested. Offerors or Quoters who are to participate in the DPE agree to submit revised pricing only through the online mechanism supplied by Procuri.com. Offeror's starting price at the commencement of the DPE must be their initial price as set forth in their original proposal or a revised lower price only. 3. In order for an Offeror or a Quoter to be considered for award and participate in the DPE, the Offeror or Quoter must be responsive to all terms and conditions of this solicitation (which includes the agreement to participate in a DPE). The Offeror must agree to the terms of the User Agreement, Usage Guidelines, and Privacy Policy provided by Procuri.com during the registration process. Submission of a proposal or quote in response to this solicitation shall constitute such agreements by the Offeror or Quoter. As a minimum, Offeror or Quoter acknowledges and agrees-- a. That any software or hardware problems associated with the on-line reverse auction shall solely be the responsibility of the Offeror or Quoter in accordance with the terms and conditions of this solicitation and the Procuri.com User Agreement. b. That it is an independent contractor with respect to Procuri.com. Each offeror or quoter agrees to release Procuri.com from any liability with respect to the DPE or the conduct of any participant in the DPE, regardless of whether such liability arises under the contract, tort, or any other theory. c. To keep the passwords and materials provided by Procui.com or FISC San Diego in confidence. The Offeror or Quoter further agrees to keep its own pricing and the pricing of all other participants in the DPE in confidence until after contract award. 4. Submission of a proposal or quote in response to this solicitation shall constitute the Offerors' or Quoters' consent to have their prices revealed in anonymity during the DPE. By participating in the DPE, offerors or quoters agree that they are knowingly consenting to disclose their price(s) to the other participating offerors or quoters, but only during the DPE. Each offeror or quoter further agrees that disclosure of its prices during the DPE shall not be for the purposes of restricting competition. B. PRIOR TO THE DYNAMIC PRICING EVENT 1. Initial Offers/Quotes. Offerors or Quoters shall submit initial price proposals or quotes along with all other required documentation to FISC San Diego Regional Contracting Department as described herein. Upon submission of their proposal or quote, Offerors or Quoters must complete the registration process by following the procedures and guidelines established by Procuri.com at http://www.govauctions.procuri.com. The DPE shall not be delayed because an Offeror or Quoter fails to complete the registration process prior to the starting time on the date of the DPE. 2. Offer/Quote Evaluation. After initial offers or quotes are evaluated as described in the Evaluation of Offers provisions of this solicitation, the Contracting Officer may proceed with the DPE process. However, the Contracting Officer reserves the right to award upon initial price proposals or quotes and, therefore, may elect not to conduct the DPE. 3. Notification and Training. Prior to the DPE, FISC San Diego will notify each qualifying Offeror or Quoter that they have been selected to participate in the DPE. FISC San Diego or Procuri.com will provide training on the Dynamic Pricing Event process and the details pertaining to this solicitations' DPE. Written information not contained or attached to this solicitation that concerns the Dynamic Pricing Event may be provided to each participating offeror or quoter as part of their training. 4. Procuri.com and Government Trainer Interaction with Offerors. Offeror or Quoter interaction with Procuri.com and FISC San Diego personnel during the registration and training process is for the sole purpose of facilitating the DPE. Such communication shall not be considered discussions with the Offerors or Quoters within the meaning set forth in FAR Part 15. C. DURING THE DPE 1. Discussions. The DPE shall be considered the opening of discussions as defined at FAR Part 15.306(d). Offerors or Quoters may, but are not required to, revise their initial pricing proposal or quotation during the DPE. Revised price offers or quotes shall be electronically submitted by Offerors or Quoters during the DPE. Offerors or Quoters shall not submit revised pricing via any other mechanism including (but not limited to) post, courier, fax, e-mail, or orally unless specifically authorized by the Contracting Officer (see paragraph D for further details). 2. DPE Connection. The invited Offerors or Quoters shall be provided the opportunity to connect to the Procuri.com website (www.govauctions.procuri.com) via Internet connection. Offerors or Quoters will register for the scheduled event using the Procuri.com software solution. Offerors or Quoters shall be responsible for providing their own computer system and connecting to the telecommunications service used for each DPE via their own Internet Service Provider (ISP). 3. Time Period. The DPE will be conducted for a period of 30 minutes or . If an offer or quote is submitted within the last 5 minutes of the time period, the DPE period shall be extended for an additional 5 minutes, if the offer/quote is the lowest price received. The time shall be extended for an unlimited number of 5 minutes extension periods, if a lower offer/quote is submitted within the last 5 minutes. The final price revision submitted during the DPE will be considered the Offeror's Final Price Proposal (see D.1 below for additional information). 4. Problems. Any offeror having problems during a DPE must notify the Contracting Office at FISC San Diego immediately. A "problem" is an event that interferes with the Offeror's ability to participate in the DPE and includes, but is not limited to, Internet connection and re-connection difficulties, (2) software or hardware failures, and (3) erroneous data entry errors. Offerors will have 5 minutes after the DPE goes into the "Quiet Period" status to notify the Contracting Office of any problems. The names and phone numbers of the FISC San Diego employees who will be available for assistance during the DPE will be provided to each invited offeror prior to the starting time and date of the event. If the Contracting Officer judges that any offeror is disadvantaged by the identified problem, Procuri.com and FISC San Diego may, at the sole discretion of the Contracting Officer, correct the problem, pause and may reopen the DPE, or cancel the DPE. D. AFTER THE DPE 1. Closing Price Discussions. Discussions concerning price shall normally conclude at the close of the DPE. No price revisions will be accepted after the close of the DPE from any of the participants; unless the Contracting Officer re-opens pricing discussions with all participants and requests final price proposals in accordance with FAR 15.307. 2. No Automatic Award Determination. The Contracting Officer has determined that price is not the only factor to be considered when determining which Offeror shall receive the contract award. Therefore, the Offeror with the lowest price at the close of the Dynamic Pricing Event may not automatically be awarded the contract or purchase order that results from this solicitation. 3. Notification of Unsuccessful Offeror(s). The Contracting Officer shall award a contract based on all the factors identified in this solicitation. The unsuccessful DPE participants will be sent a post-award notification, if required by FAR 15.503(b), via e-mail correspondence or the Procuri.com notification system.