Replacing Refrigerators and Microwaves

**********AMENDMENT 01********** The purpose of this Amendment is to eliminate Buy American Act requirements Note: Federal agencies are required by the Energy Policy Act of 2005 (P.L. 109-58) and Federal Acquisition Regulations (FAR) Sub part 23.2 to buy ENERGY STAR- qualified products or, in categories with no ENERGY STAR label, FEMP-designated products which are among the highest 25 percent of equivalent products for energy efficiency. The performance requirement for Federal purchases of top-mount freezer type refrigerators with a total volume <10.5 CuFt is 340 kWh/year or less. The Energy Star attachment lists known brands/models that meet federal energy efficient requirements associated with the refrigerators. There are no Federal energy efficient requirements associated with microwaves. ***Subject to Funds Availability there is a high probability that there may be two separate awards associated with this requirement. One for the microwaves and one for the refrigerators*** **********END AMENDMENT 01********** ***Notice to Offerors: Funds are currently not available for this requirement and may not become available. Unless adequate funds become available, no award will be made under this solicitation. The Government reserves the right to cancel this solicitation, either before or after the closing date. Offerors who elect to submit a quote in response to this solicitation acknowledge that efforts associated with the submission will not be reimbursed in the event the solicitation is canceled. *** This is a combined synopsis/solicitation for commercial items prepared in accordance with 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. Offerors are responsible for monitoring this site for the release of any amendments or other pertinent information. This solicitation will be issued as a request for quotation (RFQ) under the solicitation number: F2C1EC9062A003 This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-30, Defense Federal Acquisition Regulation Supplement Change Notice (DCN) 20090115, and Air Force Acquisition Circular (AFAC) 2008-0128. This acquisition is a small business set aside under NAICS code of 423620 and small business size standard of 100 employees. Contractor shall provide all material, personnel and equipment necessary to remove and replace 410 refrigerators and 410 microwaves in four dormitory buildings at Hickam AFB, HI., in strict accordance with the Performance Work Statement. Each dormitory has three floors with two flights of stairs with nine steps per flight. Estimated 136 refrigerators and microwaves to be installed on the first floor, 136 on the second floor, and 138 on the third floor. Removal and DRMO Turn in: Contractor shall be responsible for removal and delivery of old refrigerators and microwaves to Defense Reutilization Marketing Service (DRMO). The contractor shall dispose the appliances in accordance with the Clean Air Act and all EPA laws and regulations. DRMO Point of contact is Jeannie at 808-474-0319. Installation: Contractor is responsible for uncrating, assembling and installing the new refrigerators and microwaves. Contractor shall clean up and remove all shipping containers, crates, wrappers and debris from each dorm at the end of each work day. No Government dumpsters or dump sites will be provided. Contractor shall be responsible to make sure the dorm rooms and common areas around the dorms are not damaged. Contractor shall ensure employees adhere to all safety standards relating to job tasking. This RFQ contains two (2) line items with quantities of 410 each. The items are on a firm fixed price basis: ***Note to Contractors: Based on the availability of funds the government may award none, one or both of the contract line items (CLINS). Therefore, it is requested that interested contractors provide three (3) quotes: a.for both CLIN 0001 and for CLIN 0002, b. for only CLIN 0001, and c. for only CLIN 0002.*** CLIN 0001: Remove/ Turn in/ Replace 410 refrigerators in strict accordance with the Performance Work Statement; 1Lump Sum CLIN 0002: Remove/ Turn in/ Replace 410 microwaves in strict accordance with the Performance Work Statement; 1Lump Sum Place of performance: Hickam AFB, HI (See Performance Work Statement) Any questions in regards to this solicitation must be submitted no later than 12:00 pm Hawaii Standard Time (HST) on 14 September 09 to ensure Government ample response time and timely submittals of proposals. Award based on lowest price technical acceptable. 52.209-5 - Certification Regarding Responsibility Matters The provision at 52.212-1, Instructions to Offerors - Commercial Items (JUN 2008), applies to this acquisition. Addenda to the following paragraphs of 52.212-1 are: All quotes are due on or before 3:00 pm, Hawaii Standard Time (HST), 17 September 09. Electronic quotes are acceptable. Submission may be made via email to alesha.williams@hickam.af.mil, via parcel mail to15 CONS/LGCB, ATTN: Alesha Williams, 90 G Street, Bldg 1201, Hickam AFB, HI 96853-5230, or via facsimile at (808) 448-2911. Quotes must reference the solicitation number. (b) Central Contractor Registration (CCR). Offerors must be registered with the CCR (http://www.ccr.gov) database upon submission of their request for proposal (RFP) / request for quote (RFQ) to be considered responsive. If confirmation of CCR is not provided with the proposal submission by the closing date of the RFP/RFQ, the offer shall be considered nonresponsive and ineligible for contract award. Wide Area Work Flow (WAWF). Offerors must be registered in the WAWF (https://wawf.eb.mil). If the offeror does not become registered in the WAWF database within three (3) days after receiving notification from the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered offeror. IAW FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (JUN 2008) Alternate I (APR 2002). An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If you have not completed the annual representations and certifications electronically at the ORCA website, please complete only paragraphs (b) through (i) of this provision and return along with your quotation. Additionally, Online Representations and Certifications (ORCA) is mandatory in lieu of Reps and Certs in hard copy form. IAW FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (DEC 2008), is applicable to this procurement along with the following addenda: 52.219-6, Notice of Total Small Business Aside (JUN 2003) (15 U.S.C. 644). 52.219-28, Post Award Small Business Program Representation (JUN 2007) (15 U.S.C. 632(a)(2)). 52.222-3, Convict Labor (JUN 2003)(E.O. 11755) 52.212-4, Contract terms and Conditions-Commercial Items 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Feb 2008)(E.O. 13126) 52.222-21, Prohibition of Segregated Facilities (FEB 1999) 52.222-26, Equal Opportunity (MAR 2007)(E.O. 11246) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998)(29 U.S.C. 793) 52.222-50, Combating Trafficking in Persons (AUG 2007) 52.223-15,Energy Efficiency in Energy Consuming Products 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (OCT 2003)(31 U.S.C. 3332) 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). (End of Clause) IAW DFARS 252.212-7001 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (JAN 2009), is applicable to this procurement along with the following addenda: 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (MAR 2008)(10 U.S.C. 2227) 252.247-7023 Alternate III (MAY 2002), Transportation of Supplies by Sea (MAY 2002)(10 U.S.C. 2631). (a) Definitions. Commercially available off-the-shelf (COTS) item, 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 Act or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the offeror certifies that-- (i) Each end product, except those listed in paragraph (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) ----------------------------------------------------------------------- (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) IAW DFARS 252-232-7010 -- Levies on Contract Payments (DEC 2006) (a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt. (b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide- (1) The total dollar amount of the levy; (2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and (3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation. (c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including- (1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and (2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or (ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation. (d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act. (End of clause) 5352.201-9101, OMBUDSMAN (AUG 2005) (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 Center/MAJCOM ombudsmen, Lt Col Rodger Phillips, phone number (808) 448-2901, facsimile number (808) 448-2912, e-mail: rodger.phillips@hickam.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) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://farsite.hill.af.mil. The following clauses and provisions are incorporated by reference: 52.212-4, Contract Terms and Conditions-Commercial Items (OCT 2008)