LP15 MONITOR/DEFIBRILLATOR - BRAND NAME OR EQUAL

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 in conjunction with Part 13 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quote (RFQ) and the solicitation number is SP3300-09-Q-0059. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-34 effective 01 Jul 2009 and Defense Federal Acquisition Regulation Supplement (DFARS) DCN 20090115 edition and Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 and PROCLTR 2009-20. The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil. This solicitation is Unrestricted. Offerors are requested to provide a Firm Fixed Price inclusive of shipping costs (FOB Destination, New Cumberland, PA 17070-5000) for the following: CLIN 0001 - LifePak Model LP15 Monitor/Defibrillator (catalog number 99577-000047) - BRAND NAME OR EQUAL - quantity 3 EA, with the following accessories: Description Catalog Number Quantity LifePak 15 ship kit to include: Manuals; Cables; Instruction DVD; Printer Paper; Quick Combo Pads 41577-000007 3 EA Edge System Electrodes with Quik-Combo Connector 11996-000091 6 EA Test Load 11998-000022 3 EA Rechargeable Lithium-Ion Battery 5.7 Amp Hour Capacity 21330-001176 12 EA Station Battery Charger 11577-000004 1 EA LNCS DCI, Adult SpO2 Sensor - reusable 11171-000017 3 EA Kit - Carry Bag, Main Bag 11577-000002 3 EA Kit - Carry Bag, Rear Pouch 11260-000039 3 EA Kit - Carry Bag, Shoulder Strap 11577-000001 3 EA Top Pouch 11220-000028 3 EA Training Lot SALIENT CHARACTERISTICS/MINIMUM REQUIREMENTS: THIS IS A BRAND NAME OR EQUAL ACQUISITION; IN ACCORDANCE WITH FAR 52.211-6, THE SALIENT PHYSICAL, FUNCTIONAL, OR PERFORMANCE CHARACTERISTICS - MINIMUM REQUIREMENTS THAT - EQUAL PRODUCTS MUST MEET ARE DESCRIBED IN THE ATTACHMENT TO THIS RFQ TITLED - SALIENT CHARACTERISTICS/MINIMUM REQUIREMENTS FOR RFQ SP3300-09-Q-0059. Delivery point is FOB DESTINATION to Defense Distribution Depot Susquehanna, Bldg. 911 - J Avenue, New Cumberland, PA 17070-5000. Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449. PREFERRED METHOD OF PAYMENT IS BY GOVERNMENT CREDIT CARD: DO YOU ACCEPT A CREDIT CARD FOR PAYMENT? YES _____ NO _____ NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the Central Contractor Registration (CCR) database IAW FAR 52.212-1(k) and DFARS 204.1104. Registration may be done on line at: www.ccr.gov. The following FAR and DFARS clauses and provisions apply to this acquisition: FAR 52.212-1 - INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JUN 2008) Addenda to 52.212-1; the following paragraphs are hereby deleted from this provision: (d) product samples, (e) multiple offers, (h) multiple awards, and (i) availability of requirements documents cited in the solicitation. FAR 52.211-6 - BRAND NAME OR EQUAL (AUG 1999) (a) If an item in this solicitation is identified as - brand name or equal, the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that - equal products must meet are specified in the solicitation. (b) To be considered for award, offers of - equal products, including - equal products of the brand name manufacturer, must (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate - equal products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an - equal product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) DLAD 52.233-9000 AGENCY PROTESTS (SEP 1999) Companies protesting this procurement may file a protest 1) with the Contracting Officer, 2) with the General Accounting Office, or 3) pursuant to Executive Order No. 12979, with the Agency for a decision by the Activity's Chief of the Contracting Office. Protests filed with the agency should clearly state that they are an - Agency Level Protest under Executive Order No. 12979. (Note: DLA procedures for Agency Level Protests filed under Executive Order No. 12979 allow for a higher level decision on the initial protest than would occur with a protest to the Contracting Officer; this is not an appellate review of a Contracting Officer's decision on a protest previously filed with the Contracting Officer). Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the Contracting Officer. (End of Provision) DLAD 52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR) (JUN 2001) (a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute. (b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1, or for the agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal counsel (see DLA Directive 5145.1). Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate. (c) If you wish to opt out of this clause, check here ( ). Alternate wording may be negotiated with the Contracting Officer. (End of Provision) OFFER SUBMISSION INSTRUCTIONS'Quotes must include the following items. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award. 1. Quotations may be submitted in contractor format and shall include: (1) Company name, address, telephone number, e-mail address, and FAX number (2) Solicitation number (3) Unit Price and extended prices for all CLIN(S) (4) Proposed shipping time (5) Contractor DUNS Number and Commercial and Government Entity (CAGE) Code (6) Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation) (7) Descriptive literature that clearly indicates that the product offered meets the salient characteristics/minimum requirements of the Government. 2. Contractors are required to include a copy of the FAR provision 52.212-3-Offeror Representations and Certifications-Commercial Items and DFAR 252.212-7000-Offeror Representation and Certification-Commercial Items with its proposal or may indicate completion of the representations and certifications on the internet at http://orca.bpn.gov. Failure to include the certifications along with the price proposal or to complete the certifications on the internet may result in elimination from consideration for award. FAR 13-106-2 Evaluation of Quotations or Offers. The Government intends to evaluate quotes in response to this RFQ using the lowest price technically acceptable process. Quotes shall be evaluated for acceptability only and shall not be rated. Award will be based on the lowest evaluated price of quotes that meet or exceed the acceptability standards for the non-cost factors. The following non-cost factors shall be used to evaluate quotes: Factor 1 - Technical capability of the products offered to meet the Government's requirement and Factor 2 - Past Performance. Factor 1 shall be evaluated on a - go/no go basis. If a quote has been determined to be a - go on Factor 1, then Factor 2 will be evaluated to determine if the offeror's past performance history is satisfactory. An offeror who has submitted a technically acceptable quote and who has been found to have a satisfactory past performance history will then have its quote evaluated for the lowest price. Factor 1 - Technical capability of the products offered to meet the Government's requirement The minimum criteria for acceptability for this factor shall be the submission of descriptive literature that clearly indicates what the offeror is proposing and will be providing all products in accordance with the stated characteristics in the list of Salient Characteristics included elsewhere in this solicitation. - Descriptive literature means information (e.g., cuts, illustrations, drawings and brochures) that is submitted as part of a quote. Descriptive literature is required to establish that, for the purpose of evaluation and award, details of the product offered meet the specifications in the list of Salient Characteristics. The information is required to determine the technical acceptability of the offered product. Failure to submit descriptive literature or failure of descriptive literature to show that the product offered conforms to the requirements of this solicitation may result in the rejection of the offer. Factor 2 - Past Performance By past performance, the Government means the offeror's record of conforming to the solicitation specifications and to standards of good workmanship; the offeror's adherence to contract schedules, including the administrative aspects of performance; the offeror's reputation for record of reasonable and cooperative behavior and commitment to customer satisfaction; and generally the offeror's business-like concern for the interest of the customer. Evaluation of past performance will be a subjective assessment based on consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. The Government is seeking to determine whether the offeror has consistently demonstrated a commitment to customer satisfaction and timely deliveries. Offerors who have submitted a technically acceptable quote will be given an opportunity to address any unfavorable reports of past performance. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance. FAR 52.212-4 Contract Terms and Conditions'Commercial Items (MAR 2009) Addenda to 52.212-4; the following clauses apply: FAR 52.247-34 FOB Destination (NOV 1991) 52.211-9 - DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997) (a) The Government desires delivery to be made according to the following schedule: DESIRED DELIVERY SCHEDULE - All items within 30 days after date of contract award. If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows: REQUIRED DELIVERY SCHEDULE - All items within 60 days after date of contract award. Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply. OFFEROR'S PROPOSED DELIVERY SCHEDULE: All items within _____ days after date of contract award. (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 the award is dated. Therefore, the offeror shall 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 - working day 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) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes of Executive Orders'Commercial Items (JUN 2009). In paragraph (b) the following clauses apply: FAR 52.219-28 Post Award Small Business Program Rerepresentation (APR 2009) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-19 Child Labor'Cooperation with Authorities and Remedies (FEB 2008) FAR 52.222-21 Prohibition of segregated facilities (FEB 1999) FAR 52.222-26 Equal Opportunity (MAR 2007) FAR 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) FAR 52.222-37 Employment Reports on Disabled Veterans and Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) FAR 52.225-13 Restriction on Certain Foreign Purchases (JUN 2008) FAR 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003) FAR 52.232-36 Payment by Third Party (MAY 1999) FAR 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (JAN 2009). The following additional clauses/provisions apply: DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (JAN 2009) DFARS 252.225-7036 Buy American Act - Free Trade Agreements - Balance of Payments Program (JAN 2009) DFARS 252.247-7023 Transportation of Supplies by Sea (MAY 2002)/Alternate III (MAY 2002) DFARS 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) DLAD 52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007) (a) This clause only applies when wood packaging material (WPM) will be used to make shipments under this contract and/or when WPM is being acquired under this contract. (b) Definition. Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD). (c) All Wood Packaging Material(WPM) used to make shipments under DOD contracts and/or acquired by DOD must meet requirements of International Standards for Phytosanitary Measures (ISPM) 15, "Guidelines for Regulating Wood Packaging Materials in International Trade." DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo. (1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) Wood Packaging Material Program and WPM Enforcement Regulations (see http://www.alsc.org/). (2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ASLC approved DUNNAGE stamp. (d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government. (End of Clause) Offerors responding to this announcement shall submit their quotations via FAX to Dan Herring, +1 (555) 000-0000 or e-mail to contact@example.gov. All quotes must be received by JULY 20, 2009 AT 4:00 PM EDT to be considered for award.