Portable Refrigeration Storage Unit

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. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED. The Request for Quotation (RFQ) number is NCNS4000-15-01206. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-81. This procurement is a total small business set-aside. The Federal Supply Code for this is 4110 and the North American Industry Classification System (NAICS) Code is 333415 Air-conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing. The U.S. Department of Commerce, NOAA's National Ocean Service (NOS) - Center for Coastal Environmental Health, has a requirement for the following supply: Line Item 0001: Portable Refrigeration Storage Unit (approximately 40' x 8' x 9'6") with ability to utilize 460v 3phase power, per the attached Statement of Work (Qty 1) Unit Price____________ Total Price________________ Deliver to: NOS - Center for Coastal Environmental Health 219 Fort Johnson Road N/SCI4 Charleston, SC 29412 Required Delivery Date: July 15, 2015 Vendors shall include a completed copy of its representations and certifications at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items (MAR 2015), with its quote. [An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://www.sam.gov. If an offeror has not completed the annual representations and certifications electronically, the offeror shall complete only paragraphs (c) through (p) of this provision.] Vendors shall refer to www.acquisition.gov to obtain a copy of FAR provision 52.212-3. FAR clause 52.212-4, Contract Terms and Conditions--Commercial Items (DEC 2014) applies to this acquisition with the following addenda: FAR 52.212-1 Instructions to Offerors (APR 2014) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) Commerce Acquisition Regulation (CAR) clauses: CAR 1352.201-70 Contracting Officer's Authority (APR 2010) CAR 1352.209-73 Compliance with the Laws (APR 2010) CAR 1352.209-74 Organizational Conflict of Interest (APR 2010) CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) CAR 1352.233-70 Agency Protests (APR 2010) {: Department of Commerce, NOAA, ERAD, Attn: Robin Resweber, 200 Granby Street, 8th Floor, Norfolk, VA 23510; U.S Department of Commerce, Senior Procurement Executive, 1401 Constitution Avenue NW Suite 6422, Washington DC 20230} The following clauses are provided in full text: FAR clause 52.212-2, Evaluation - Commercial Items (OCT 2014) (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: 1. Price 2. Ability to meet the required Delivery Date and Specifications (b) Reserved. (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) NOAA Acquisition Manual (NAM) 1330-52.237-70 Contractor Communications (a) A contractor employee shall be identified both by the individual's name and the contractor's name when: (1) Included in NOAA's locator, and (2) When submitting any type of electronic correspondence to any NOAA employee or stakeholder. (b) Any written correspondence from a contractor or any contractor employee shall be printed on company/organization letterhead or otherwise clearly identify the sender as an employee of the company or organization and shall identify the contract number. (c) Contractors and/or contractor employees shall clearly identify themselves as such in any verbal communications, whether in informal discussion or a formal meeting. (End of clause) Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Any Federal Law (Class Deviation) (March 2015) 1. In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113- 235), none of the funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that- (a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government, or (b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 2. The Offeror represents that, as of the date of this offer - a. It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. b. It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (End of provision) 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause. (End of clause) 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation (DEVIATION 2015-02) PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION (FEB 2015) (a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (APR 2015) applies to this acquisition and the following additional FAR clauses cited in the clause at paragraph (b) are applicable to this acquisition: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government, (SEP 2006), with Alternate I (OCT 1995) (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (8) 52.209-6, Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporation (May 2012) (14) 52.219-6, Notice of Total Small Business Set Aside, (NOV 2011) (22) 52.219-28, Post Award Small Business Program Representation (JUL 2013) (25) 52.222-3, Convict Labor, (JUN 2003) (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2014) (27) 52.222-21, Prohibition of Segregated Facilities, (FEB 1999) (28) 52.222-26, Equal Opportunity, (MAR 2007) (30) 52.222-36, Equal Opportunity for Workers with Disabilities, (JUL 2014) (33) 52.222-50, Combating Trafficking in Persons, (MAR 2015) (40) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (AUG 2011) (41) 52.225-1, Buy American Act -- Supplies, (MAY 2014) (42) 52.225-3, Buy American Act- Free Trade Agreements - Israeli Trade Act, (MAR 2014) (44) 52.225-13, Restrictions on Certain Foreign Purchases, (JUN 2008) (50) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (JUL 2013) No Defense Priorities and Allocations System (DPAS) rating is assigned The resulting purchase order will be on a firm fixed price basis. In order to comply with the Debt Collection Improvement Act of 1996, ALL VENDORS must be registered in the System for Award Management (SAM) to be considered for an award of a federal contract. Should the vendor not already represent itself as a small business under NAICS code 333415 within SAM, it shall provide with its quote the appropriate representation of FAR 52.219-1. For information regarding registration in SAM, contact the SAM website at www.sam.gov. Additionally, each offeror must obtain, and PROVIDE WITH THE QUOTE, their nine-digit Dun and Bradstreet (DUNS) number. All responsible sources may submit a quotation which shall be considered by the agency. Quotes must be submitted via electronic means (e-mail) by 11:00 A.M. EST, Thursday, May 21, 2015; any award resulting from this RFQ will be made based on meeting the specifications and delivery date, and price. Quotes must be submitted electronically via e-mail to contact@example.gov. The anticipated award date is on or about May 25, 2015. Contractors are encouraged to register with the FedBizOpps Vendor Notification Service as well as the Interested Vendors List for this acquisition (see applicable tab within FedBizOpps where this synopsis/solicitation is posted). Potential offerors may direct all inquiries pertaining to the solicitation in writing to contact@example.gov . Telephonic requests will not be honored.