FA7000-13-T-0041 Cypres-2 1 Pin Expert

Combined Synopsis/Solicitation IAW FAR 12.603 This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as solicitation number FA7000-13-T-0041, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-66, 1 April 2013. The North American Industry Classification System Code [NAICS] is 451110 and the size standard is 14 Million. This RFQ will result in a Firm Fixed Price Purchase Award. This requirement is a total Small Business set-aside. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, USAF Academy (USAFA). Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this Synopsis/Solicitation could result in the quote being ineligible for award. It is the offeror's responsibility to ensure their quote meets all the requirements identified herein. ITEM DESCRIPTION: The USAF Academy has a requirement to purhcase 30 Cypres-2 1-pin Expert Automatic Activation Devices (AAD2C1XG)m and Cypres Four/Eight year maintenance contracts (AADC4/8YMCG). In addition, 30 Cypres-2 1-pin Expert Automatic Activation Devices manufactured in 2005 will be traded in for a discount to be applied to the total cost of this requirement. REQUIREMENTS FOR QUOTE Prices quoted must be Firm-Fixed Price to include shipping and handling charges based on F.O.B Destination. Quotes submitted with used, reconditioned, refurbished, gray market, or liquidated stock will not be considered for award. The terms and conditions do not conflict with the terms and conditions of the Vendors license agreement but merely implement federal statute which governs the operation of entities funded through appropriated dollars and as such are binding upon this agreement and supplemental to the conditions expressed in the license. The contractor shall submit their quote on company letterhead to include the following: - solicitation number - contract name - address - telephone number of the offeror - unit price - extended price - any discount terms - delivery terms - cage code - DUNS number - tax identification number - size of business The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Quotes must contain adequate information to judge if products meet or exceed the characteristics supplied in the solicitation. Provide pricing for each of the following line items: Description Qty Each Unit Price Extended Price LINE ITEM 0001 AAD2C1XG Cypres-2 1-pin Expert 30 $_____ $_____ Automatic Activation Device LINE ITEM 0002 AADC4/8YMCG Maintenance Contract 30 $_____ $_____ To include Maintenance Contract Certificates LINE ITEM 0003 Trade-in Value for Cypres-2 1-pin Expert 30 -$_____ -$_____ Manufactured in 2005 Serial Numbers provided in Attachement #1. This trade-in value will be subtracted from Total Cost of CLIN 0001 in resulting purchase order. TOTAL PRICE $ ________________ Quotes must be received no later than 10:00am Mountain Standard Time, 24 April 2013 to allison.norder@us.af.mil. Questions should be addressed to the Primary POC Allison Norder, Contract Specialist, USAF Academy (719) 333-3988, allison.norder@us.af.mil. Alternate POC is Russell Jordan, Contracting Officer, (719) 333-3961, russell.jordan@us.af.mil. Offers received after this date and time will be considered late in accordance with 52.212-1(f) and will not be considered unless it is received before award is made, and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. a. Prices quoted must be Firm-Fixed Price, to include shipping and handling charges based on F.O.B Destination. Quotes received with FOB: Other than Destination will not be considered. b. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Alt I), must be completed. Offerors are HIGHLY ENCOURAGED to complete all representations and certifications electronically on line at: www.sam.gov. If not completed on-line, 52.212-3, with its Alt I shall be completed in hard copy and submitted with quote. c. Contractors must be registered with sam.gov to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration. (www.sam.gov) FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998): This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/. FAR and DFARS CLAUSES INCORPORATED BY REFERENCE 52.204-10 Reporting Executive Compensation and first-Tier subcontract Awards (AUG 2012) 52.212-4 Contract Terms and Condition - Commercial Items (FEB 2012) 52.219-28 Post-Award Small Business Program Representation (APR 2012) 52.222-3, Convict Labor (JUN 2003) 52.222-19, Child Labor -- Cooperation with Authorities and Remedies (MAR 2012) 52.222-21, Prohibition of Segregated Facilities (FEB 1999) 52.222-26, Equal Opportunity (MAR 2007) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-50, Combat Trafficking in Persons (FEB 2009) 52.223-18 Contractor Policy to Ban Text Messaging While Driving (AUG 2011) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) 52.233-3, Protest After Award (AUG 1996) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.225-7001 Buy American & Balance of Payments Program (DEC 2012) 252.225-7002 Qualifying Country Sources as Subs (DEC 2012) 252.232-7003 Electronic Submission of Payments Request (Jun 2012) 252.232-7010 Levies on Contract Payments (DEC 2006) FAR CLAUSES INCORPORATED BY FULL TEXT The provision at FAR 52.212-2, Evaluation--Commercial Items applies to this acquisition: 52.212-2 Evaluation--Commercial Items (JAN 1999) (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: - Low Price - Meets Salient Characteristics of requirement Paragraphs b and c are not applicable as shown below: (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. FAR 52.212-4(c) Changes Addendum Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriations data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)). (End of Addendum) FAR 52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JAN 2013) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) Reserved. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) Reserved (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jan 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.252-2 Clauses Incorporated By Reference (FEB 1998) 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 DFARS CLAUSES INCORPORATED BY FULL TEXT 252.225-7000 Buy American Statute - Balance of Payments (JUN 2012) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "domestic end product," "foreign end product," "qualifying country," "qualifying country end product," and "United States" have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation. (b) Evaluation. The Government- (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American and Balance of Payments Program clause of this solicitation, the offeror certifies that- (i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and (ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror certifies that the following end products are qualifying country end products: Line Item Number Country of Origin (3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of "domestic end product": Line Item Number Country of Origin (If known) (End of provision) DFARS 252.212-7001 Contract Terms And Conditions Required To Implement Statutes Or Executive Orders Applicable To Defense Acquisitions Of Commercial Items (DEVIATION) (DEC 2010) (a) In addition to the clauses listed in paragraph (b0 of this Contract Terms and Condition Required to Implement Statues or Executive Orders - Commercial Items clause of this contract (FAR 52.2125-) (OCT 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontractors for commercial items or commercial components, awarded at any tier under this contract: 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L 111-84) 252.237-7019 Training for Contractor Personnel Interacting with Detained (SEP 2006) (Section 1092 of Pub. L. 108-375). 252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417). 252.247-7023 Transpiration of Supplies by Sea (May 2002) (10 U.S.C. 2631) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631) 5352.201-9101 Ombudsman (APR 2010) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the USAF Academy Ombudsmen, Kelly Snyder 8110 Industrial Drive, Ste 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-9018 email: Kelly.snyder@us.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer (End of clause)