59--Procurement of an Lock Operations Management Application Parts Kits

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The RFP document and contract incorporated provisions and clauses are in effect through Federal Acquisition Circular 97-26 (Effective 31 May 2011). This requirement is being set-aside for small business. The enclosed Justification and Approval document contains the rationale for a brand name items for two parts of the fourteen part kit. There is one (1) contract line item, covering an 18 month period, as follows: Item 0001: LOMA - PARTS KIT - Each kit shall include the parts listed in Attachment 1 of the solicitation. Each Parts Kit includes a total of fourteen parts. Two of the parts are brand name only and the other twelve parts can be brand name or equal to. The offer must provide a catalog cut sheet if an "an equal" is proposed. The minimum quantity for all orders issued against this contract shall not be less than 50 units and the maximum quantity for all orders issued against this contract shall not exceed 200 units. The performance period for this acquisition will be 18 months from contract award. Delivery location: US Army Engineering Research and Development Center (ERDC), Attention: Danny Marshall, CE-ERD-HN-ND, 3909 Halls Ferry Road, Vicksburg, MS 39180 Clauses applicable to this acquisition are as follows: 52.203-3 "Gratuities", 52.203-6 Alt I "Restrictions On Subcontractor Sales To The Government-Alternate I", 52.203-11 "Certification and Disclosure Regarding Payments To Influence Certain Federal Transactions", 52.204-4 "Printed or Copied Double-Sided on Recycled Paper", 52.204-10 "Reporting Executive Compensation and First-Tier Subcontract Awards", 52.209-6 "Protecting the Government's Interest When Subcontracting With Contractor's Debarred, Suspended, or Proposed for Debarment", 52.211-17 "Delivery of Excess Quantities", 52.212-1 "Instructions to Offerors -- Commercial Items", 52.212-3 "Offeror Representations and Certifications - Commercial Items - Alternate I", "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 (Deviation)", 52.216-18 "Ordering", 52.216-19 "Order Limitations", 52.216-22 "Indefinite Quantity", 52.219-8 "Utilization of Small Business Concerns", 52.219-28 "Post-Award Small Business Program Representation", 52.222-3 "Convict Labor", 52.222-19 Child Labor - Cooperation with Authorities and Remedies", 52.222-21 "Prohibition of Segregated Facilities", 52.222-25 "Affirmative Action Compliance", 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", 52.223-18 "Contractor Policy to Ban Text Messaging While Driving", 52.225-13 "Restriction on Certain Foreign Purchases", 52.225-18 "Place of Manufacture", 52.225-25 "Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification", 52.233-2 "Service of Protest", 52.233-4 "Applicable Law for Breach of Contract Claim", 52.242-13 "Bankruptcy", 52.242-17 "Government Delay of Work", 52.247-34 "F.O.B. Destination", 52.252-2 "Contract Clauses Incorporated By Reference", 52.252-5 "Authorized Deviations in Provisions", 52.252-6 "Authorized Deviations in Clauses", 252.203-7000 "Requirements Relating to Compensation of Former DoD Officials", 252.203-7002 "Requirement to Inform Employees of Whistleblower Rights", 252.204-7003 "Control Of Government Personnel Work Product", 252.204-7008 "Export-Controlled Items", 252.209-7001 "Disclosure of Ownership or Control by the Government of a Terrorist Country", 252.209-7004 "Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country", 252.212-7000 "Offeror Representation and Certifications - Commercial Items", 252.212-7001 "Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Deviation)" 252.225-7001 "Buy American Act And Balance Of Payments Program", 252.225-7002 "Qualifying Country Sources As Subcontractors", 252.225-7012 "Preference For Certain Domestic Commodities", 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", and 252.247-7023 "Transportation of Supplies by Sea". Fill-in information for 52.216-18: "(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 Schedule. Such orders may be issued for 18 months after date of award." Fill-in information for 52.216-19: "(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 10 units, 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 50 units; (2) Any order for a combination of items in excess of 50 units; or (3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (d) Notwithstanding paragraphs (b) and (c) above, 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 5 days 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." Fill-in information for 52.216-22: "(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 time specified in the order." Fill-in information for 52.233-2: "(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from US Army Corps of Engineers, Pittsburgh District, William S. Moorhead Federal Building, 1000 Liberty Avenue, Pittsburgh, PA 15222." Fill-in information for 52.252-2: "http://farsite.hill.af.mil/" Fill-in information for 52.252-5: "(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation." Fill-in information for 52.252-6: "(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation." Offers, to include a completed copy of 52.212-3 "Offeror Representations and Certifications - Commercial Items - Alternate I" and 252.212-7000 "Offeror Represenation and Certifications - Commercial Items", are due to Megan DeMarchi, Contract Specialist, via e-mail Megan.R.DeMarchi@usace.army.mil or by FAX to (412) 644-5109, no later than 01:00 p.m. Eastern Time on 22 August 2011. An electronic copy of the RFP is enclosed for your convenience.