70--Uninterruptible Power Supplies (UPS) Products

AMENDMENT NOTICE: 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. The solicitation number is 70FBRQ00000122 and is issued as a Request for Quote (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-09. The associated North American Industrial Classification System (NAICS) code for this procurement is 335999 with a small business size standard of 500.00 employees. This requirement is a Local Area Network Set-Aside and only qualified offerors as defined by the Solicitation may submit bids. The solicitation pricing on www.UnisonMarketplace.com will start on the date this solicitation is posted, and, unless otherwise displayed at www.UnisonMarketplace.com, will end on: 2020-08-31 13:00:00.0 Eastern Time. This time supersedes the Offers Due Time listed above. FOB Destination shall be Guaynabo, PR 00968 The DHS Federal Emergency Management Agency requires the following items, Brand Name or Equal, to the following: LI 001: BAT1218: Rechargeable Sealed Battery Replacement, 12 volts 18ah Compatible APC Models: SMART-UPS C1500, Smart UPS 2200, 38, EA; LI 002: BAT128AH: Rechargeable Battery Replacement, 12V 8AH Compatible APC Models: PRO 1500, PRO 1500G, Back-UPS 1000, Back-UPS PRO 1350 S, PRO 1000, APC 550, 38, EA; LI 003: SMT2200RM2UC: APC Smart-UPS 2200VA LCD RM 2U 120V with SmartConnect, 1, EA; LI 004: BR1500M2LM: BACK UPS PRO 1500VA, 120V USB Include: Standard Manufacturer Warranty, 26, EA; LI 005: SMT2200C: APC Smart-UPS 2200VA LCD 120V with SmartConnect Include: Standard Manufacturer Warranty, 7, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.UnisonMarketplace.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DHS Federal Emergency Management Agency intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, Unison, Inc. Unison Marketplace has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DHS Federal Emergency Management Agency is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.UnisonMarketplace.com. There is no cost to register, review procurement data or make a bid on www.UnisonMarketplace.com. Offerors that are not currently registered to use www.UnisonMarketplace.com should proceed to www.UnisonMarketplace.com to complete their free registration. Offerors that require special considerations or assistance may contact Marketplace Support at +1 (555) 000-0000 or via email at contact@example.gov. Offerors may not artificially manipulate the price of a transaction on www.UnisonMarketplace.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.UnisonMarketplace.com process or to collude with the intent or effect of hampering the competitive www.UnisonMarketplace.com process. Should offerors require additional clarification, notify the point of contact or Marketplace Support at +1 (555) 000-0000 or contact@example.gov of Unison Marketplace: Buyers and Sellers agree to conduct this transaction through Unison Marketplace in compliance with the Unison Marketplace Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. The Contractor shall deliver the UPSs within thirty (30) calendar days from the date of award for each Delivery Order. Deliveries shall be conducted Monday through Friday between the hours of 8:00am and 3:00pm (Local Time), excluding Federal holidays. Delivery and/or installation may be necessary during other hours due to building access restrictions. If the contractor's proposed delivery or installation time is not acceptable to the Government, both parties shall negotiate a mutually agreeable alternate time. This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be "ACTIVE" at the time of award. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/. Disaster or Emergency Area Representation (Nov 2007) (a) Set-aside area. The area covered in this contract is: Puerto Rico. (b) Representations. The offeror represents that it ? does ? does not reside or primarily do business in the designated set-aside area. (c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months- (1) The offeror had its main operating office in the area; and (2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees. (d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include- (1) Physical location(s) of the offeror's permanent office(s) and date any office in the set-aside area(s) was established; (2) Current state licenses; (3) Record of past work in the set-aside area(s) (e.g., how much and for how long); (4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area; (5) Percentage of the offeror's gross revenues attributable to work performed in the set-aside area; (6) Number of permanent employees the offeror employs in the set-aside area; (7) Membership in local and state organizations in the set-aside area; and (8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements. (e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation. Notice of Disaster or Emergency Area set-Aside (Nov 2007) (a) Set-aside area. Offers are solicited only from businesses residing or primarily doing business in Puerto Rico (all municipalities). Offers received from other businesses shall not be considered. (b) This set-aside is in addition to any small business set-aside contained in this contract. Notice to Offerors - Statement of Contractor Assurance By submitting this offer, the offeror certifies that, at the time of submission, they have adequate financial resources to perform the contract; they have the capability to comply with the required or proposed delivery or performance schedule; and otherwise meet or exceed the general standards required by FAR 9.104-1. The offeror shall disclose any filings for bankruptcy, fines levied by governmental agencies, or legal proceeding against any participating organization, employees, corporate officer, or entity that might have a material effect on the proposer's ability to implement the proposed project, as required by FAR [52.209-5 or 52.212-3(h)*], Certification Regarding Responsibility Matters. Instructions for Submitting Contractor Assurance Information The offeror shall submit information supporting this certification to the CO at the time proposals are due. This submission will only be reviewed by the CO in making a determination of responsibility. This information will not be reviewed as part of a technical evaluation and will not count against page limits for technical proposals. At a minimum, offerors shall include: 1) the offeror's delivery plans, including, but not limited to, any agreements and/or arrangements with suppliers, providing as much detail necessary to explain how the statement of work will be accomplished within this working relationship; 2) a description of the offeror's ability to adequately meet the financial demands of the requirement, including current relationships with lending and/or financial institutions or equity sources which have demonstrated interest in providing financing for the proposed project; and 3) at the offeror's discretion, any additional information the offeror believes supports the above certification and will assist the CO in making the determination of responsibility for the offeror and its subcontractors. See Attachment (a) Definitions. As used in this provision, - covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for - covered telecommunications equipment or services. (c) Representation. The Offeror represents that it ? does, ? does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (End of provision)