41--Heating, Ventilation and Air Conditioning (HVAC) Supplies and Components for the Directorate of Public Works at Fort Bragg, NC, USACE Wilmington District

***Combined Synopsis/Solicitation is hereby amended to extend the time for reciept of propsals to 2PM EDT August 27, 2014. All other terms and conditions remain unchanged. **Combined Synopsis/Solicitation is hereby amended to provide questions and answers in an attached file and to provide an updated Excel quote schedule for input. The updated quote schedule shows an additional column to clarify totals requested for each item. Please use this new spreadsheet for your quote submission. All offerors with prior quote submissions must provide an email confirmation that their quote is still valid with this amendment or submit a new quote in order to be accepted and evaluated. Prior submissions without this confirmation will NOT be accepted. All other terms and conditions remain unchanged. PLEASE GO TO THE ORIGINAL POSTING and scroll down to the bottom to view all attachments. The response date and time has NOT changed as a result of this amendment. *Combined Synopsis/Solicitation is hereby amended to add minimum dollar amounts for the base year and all option years. The response date has NOT changed as a result of this amendment. All other terms and conditions remain unchanged. This notice is being posted as an avenue to provide Request for Quotes, W912PM-14-T-0051. In accordance with Federal Acquisition Regulation (FAR) 5.202(a)(13), exceptions to publicizing contract actions, there will not be a pre-solicitation notice posted for this required action. 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 in this notice. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. This solicitation is reserved exclusively for small businesses. The solicitation number is W912PM-14-T-0051, and the solicitation is issued as a Request for Quote (RFQ). The NAICS code is 333415 with a small business size standard of 750 employees. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-76. Description of Requirement: The Wilmington District of the U.S. Army Corps of Engineers requests the procurement and delivery of HVAC supplies and components for the Directorate of Public Works (DPW) at Ft. Bragg, NC. This will be accomplished through a Requirements-Indefinite Quantity type contract. All costs, including delivery and installation, shall be included in the pricing of the quote. Effective Period: Requested quantities shall be delivered on a set schedule during a twelve (12) month base period to include four (4), twelve (12) month option years, if exercised. Delivery: FOB Destination To view the attached documentation to include the itemized supply listing for this requirement: - Scroll toward the bottom of this solicitation. - Click the quote mark Additional documentation quote mark link below the Additional Information Heading. - Open ALL the attached pdf documents. This Request for Quote incorporates the following provisions and clauses: The full text clauses may be accessed electronically at http://www.acquisition.gov/far or http://farsite.hill.af.mil. 52.202-1, Definitions 52.203-3 Gratuities 52.203-5, Covenant against Contingent Fees 52.203-6 Alternate I, Restrictions on Subcontractor Sales to the Government 52.203-7, Anti-Kickback Procedures 52.203-8, Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity 52.203-12, Limitation on Payments to Influence Certain Federal Transactions 52.203-13 Contractor Code of Business Ethics and Conduct 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-7, System for Award Management 52.204-9, Personal Identity Verification of Contractor Personnel 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-13, System for Award Management Maintenance 52.207-4, Economic Purchase Quantity-Supplies 52.209-1, Qualification Requirements 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment 52.209-7, Information Regarding Responsibility Matters 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.211-6, Brand Name or Equal 52.211-17, Delivery of Excess Quantities 52.212-1, Instructions to Offerors--Commercial Items 52.212-3, Alternate I, Offeror Representations and Certifications--Commercial Items 52.212-4, Contract Terms and Conditions--Commercial Items 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items 52.219-1, Alternate I, Small Business Program Representations 52.219-8, Utilization of Small Business Concerns 52.219-14, Limitations on Subcontracting 52.219-28, Post Award Small Business Program Representation 52.222-1, Notice to the Government of Labor Disputes 52.222-3, Convict Labor 52.222-19, Child Labor--Cooperation with Authorities and Remedies 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-35, Equal Opportunity for Veterans 52.222-36, Affirmative Action for Workers with Disabilities 52.222-37, Employment Reports on Veterans 52.222-50, Combating Trafficking in Persons 52.222-54, E-Verify for Federal Contractors 52.223-5, Pollution Prevention and Right-to-Know Information 52.223-6, Drug-Free Workplace 52.223-15, Energy Efficiency in Energy-Consuming Products 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-1, Buy American Act -- Supplies 52.225-13, Restrictions on Certain Foreign Purchases 52.225-18, Place of Manufacture 52.229-2, North Carolina State and Local Sales and Use Tax 52.229-3, Federal, State, and Local Taxes 52.232-1, Payments 52.232-8, Discounts for Prompt Payment 52.232-11, Extras 52.232-17, Interest 52.232-18, Availability of Funds 52.232-19, Availability of Funds for the Next Fiscal Year 52.232-23, Assignment of Claims 52.232-33, Payment by Electronic Funds Transfer-System for Award Management 52.232-39, Unenforceability of Unauthorized Obligations 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.233-1, Disputes 52.233-2, Service of Protest 52.233-3, Protest after Award 52.233-4, Applicable Law for Breach of Contract Claim. 52.233-3, Protest after Award 52.237-2, Protection of Government Buildings, Equipment and Vegetation 52.242-13, Bankruptcy 52.242-15, Stop Work Order 52.242-17, Government Delay of Work 52.243-1 Alt II, Changes - Fixed Price 52.245-1, Government Property 52.246-2, Inspection of Supplies -- Fixed-Price 52.246-16, Responsibility for Supplies 52.246-17, Warranty of Supplies of a Noncomplex Nature 52.246-23, Limitation of Liability 52.247-34, F.O.B. Destination 52.249-2, Termination for Convenience of the Government (Fixed Price) 52.249-8, Default (Fixed-price Supply and Service) 52.252-1, Solicitation Provisions Incorporated by Reference 52.252-2, Clauses Incorporated by Reference 52.252-5 Authorized Deviations in Provisions 52.252-6 Authorized Deviations In Clauses 52.253-1, Computer Generated Forms 252.201-7000, Contracting Officer's Representative 252.203-7000, Requirements Relating to Compensation of Former DoD Officials 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense Contract-Related Felonies 252.203-7002, Requirement to Inform Employees of Whistleblower Rights 252.203-7005, Representation Relating to Compensation of Former DoD Officials 252.204-7003, Control of Government Personnel Work Product 252.204-7004 Alt A, System For Award Management, Alternate A 252.204-7006, Billing Instructions. 252.204-7007, Alternate A, Annual Representations and Certifications. 252.204-7012, Safeguarding of Unclassified Controlled Technical Information 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country 252.209-7002, Disclosure of Ownership or Control by a Foreign Government 252.209-7004, Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country 252.211-7003, Item Unique Identification and Valuation 252.223-7006, Prohibition on Storage and Disposal of Toxic and Hazardous Materials 252.223-7008, Prohibition of Hexavalent Chromium 252.225-7000, Buy American-Balance of Payments Program Certificate 252.225-7001, Buy American and Balance of Payments Program 252.225-7002, Qualifying Country Sources as Subcontractors 252.225-7009, Restriction on Acquisition of Specialty Metals 252.225-7012, Preference for Certain Domestic Commodities 252.225-7021, Trade Agreements 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments Program Certificate 252.225-7036 Alternate I, Buy American-Free Trade Agreements--Balance of Payments Program 252.225-7048, Export-Controlled Items 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7010, Levies on Contract Payments, 252.243-7001, Pricing of Contract Modifications 252.243-7002, Requests for Equitable Adjustment 252.244-7000, Subcontracts for Commercial Items 252.246-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer 252.246-7000, Material Inspection and Receiving Report 252.247-7023 Transportation of Supplies by Sea Evaluation Factors: Award will be made to the lowest priced offer For evaluation purposes, each line item unit price quote received will be multiplied by the ESTIMATED ANNUAL QUANTITY column in the quote schedule for each bid item to result in a total amount for each bid item. Then the extended line item total amounts will be added together for each of the Contract Line Items (CLINs) (including the option year CLINs). The lowest combined total price for all 5 years that is technically acceptable will be the determining factor for evaluation of price. 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. Award shall be made to the lowest price technically acceptability offer. Technical acceptability shall be based on meeting the specification standards. Contractors quoting on an equal product must submit sufficient descriptive literature to show the product meets the minimum specifications. Failure to provide descriptive literature may render the vendor non-responsive and the quote may no longer be considered for the procurement. (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) 252.216-7010 Requirements Basic (a) This is a requirements contract for the supplies or services specified and effective for the period stated in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as ``estimated'' or ``maximum'' in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Orders issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order. The rights and obligations of the Contractor and the Government for those orders shall be governed by the terms of this contract to the same extent as if completed during the effective period. (End of clause) 252.216-7006 ORDERING (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from date of contract award through the end of the five year option periods, if exercised. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) (1) If issued electronically, the order is considered quote mark issued quote mark when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor. (2) If mailed or transmitted by facsimile, a delivery order or task order is considered quote mark issued quote mark when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services. (3) Orders may be issued orally only if authorized in the schedule. (End of clause) 52.216-19 ORDER LIMITATIONS (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of the MAXIMUM MONTHLY ORDER QUANTITY listed in the price list; (2) Any order for a combination of items in excess of the MAXIMUM MONTHLY ORDER QUANTITY for each item listed in the price list; or (3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one (1) day after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) 52.216-22 INDEFINITE QUANTITY (a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the quote mark maximum quote mark . The Government shall order at least the quantity of supplies or services designated in the Schedule as the quote mark minimum quote mark . (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last date of contract performance period. (End of clause) Offerors are to provide prices to the attached quote schedule for all 5 (five) years. Please provide unit prices for each line item and multiply by quantity and unit to provide a total amount. The rates provided in the quote schedule will become the pricing list for any subsequent contract award. Contract Minimum CLIN MINIMUM QUANTITY AND CLIN ORDER This will be a requirements type contract for a period of (1) one year from date of award, with options to extend for (4) four additional years; not to exceed a total of (5) five years. The minimum guarantee for each year is stated below. Base Year: $19,000 Option Year 1: $20,000 Option Year 2: $20,000 Option Year 3: $20,000 Option Year 4: $20,000 52.000-4028 INFORMATION TO ALL CONTRACTORS System for Award Management (SAM) and Electronic Funds Transfer (EFT) (Wilmington Local Instruction Feb 2013) 1. All contractors must register in the System for Award Management (SAM) database before they can be awarded a contract. You may register at http://www.sam.gov. SAM information or help is also available by calling +1 (555) 000-0000. 2. Public Law 104-134 requires the use of Electronic Funds Transfer (EFT) for all Federal payments. EFT information will be pulled from your SAM by the USACE FINANCE CENTER, 5720 INTEGRITY DRIVE, MILLINGTON, TN 38054-5005 for contractor payments. (End of Local Instruction) 52.0201-4001 UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL The Contractor shall not accept any instructions issued by any person, employed by the Government or otherwise, other than the Contracting Officer or the Contracting Officer's Representative (COR) acting within the limits of the COR's Authority. See the Contracting Officer's Representative clause of this contract. (End of Instruction) 52.217-5 EVALUATION OF OPTIONS Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision) 52.217-7 OPTION FOR INCREASED QUANTITY - SEPARATLY PRICED LINE ITEM The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor no later than 60 days prior to the end of the current year. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of Clause) 52.211-16, VARIATION IN QUANTITY (a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause. (b) The permissible variation shall be limited to: 0% Percent increase 5% Percent decrease This increase or decrease shall apply to the total quantity of each item without regard to destination. (End of Clause) 52.211-8 TIME OF DELIVERY (a) The Government requires delivery to be made according to the following schedule: REQUIRED DELIVERY SCHEDULE The Government desires delivery of the HVAC supplies and components within seven (7) calendar days after the date of Contractor receipt of a delivery order. ITEM NUMBERS: 0001 HVAC Pipe Fittings 0002 HVAC Miscellaneous 0003 HVAC Filters 0004 HVAC Belts QUANTITY: Determined at placement of each order per the SOW WITHIN DAYS AFTER DATE OF CONTRACT: 7 calendar days The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply. OFFEROR'S PROPOSED DELIVERY SCHEDULE ITEM NUMBERS: 0001 HVAC Pipe Fittings 0002 HVAC Miscellaneous 0003 HVAC Filters 0004 HVAC Belts QUANTITY: Determined at placement of each order per the SOW WITHIN DAYS AFTER DATE OF CONTRACT: _________________ (b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term quote mark working day quote mark excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected. (End of Clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE 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/these address(es): http://farsite.hill.af.mil http://www.acquisition.gov/far (End of clause) PARTIES INTERESTED IN RESPONDING TO THIS RFQ may submit their Quote in accordance with standard commercial practice (i.e. Quote form, letterhead, etc.) and MUST INCLUDE THE FOLLOWING INFORMATION: Solicitation number; offeror's complete mailing and remittance addresses; discount terms, DUNS number, and Tax Identification Number. Any questions regarding this solicitation MUST be submitted in writing (fax or email) to the point of contact below. Any prospective awardee shall be registered and active in the SAM database prior to any award of a contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.acquisition.gov or by calling +1 (555) 000-0000. QUOTES ARE DUE NOT LATER THAN 10:00AM, EASTERN DAYLIGHT TIME, 27 AUGUST 2014. YOU ARE ENCOURAGED TO SUBMIT QUOTES ELECTRONICALLY. They may also be submitted on U.S. Mail, courier service, or hand-delivered to the attention of the Contract Specialist, Vickie Grant at contact@example.gov The completed Offeror Representations and Certifications-Commercial Items (FAR 52.212-3) or Notation that company is registered in SAM (https://www.sam.gov) must be submitted along with each Quote. The Government reserves the right to cancel this solicitation. This announcement and written request for Quote constitutes the only Request for Quote that will be made for this requirement. Electronic Quotes are now being accepted via email; contact@example.gov