Reverse Osmosis Water Purification Unit

COMBINED SYNOPSIS/SOLICITATION PURCHASE OF REVERSE OSMOSIS WATER PURIFICATION UNIT (i) 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 solicitation will not be issued. (ii) This solicitation is issued as a request for quote (RFQ). Submit written quotes (oral quotes will not be accepted) on RFQ reference number F2WTB39041A001. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-30. (iv) This solicitation is 100 percent set-aside for Small Business. The North American Industry Classification System (NAICS) code is 221310 with a size standard of $7M. (v) The purpose of this combined synopsis and solicitation is for the purchase of: CLIN0001 - Severn Trent ROWPU (Reverse Osmosis Water Purification Unit) Model UAT-GEN-D-SW-800 (1 each) CLIN0002 - Severn Trent 90 day startup kit with chemicals (1 each) Additional Requirements: This requirement is for Brand-Name only. Or equal offers will not be accepted. Interested vendors may contact manufacturer at (310) 618-9700. Quotes shall be provided as F.O.B. Destination, and shall also include delivery date and warranty information. Ship to address: 819TH RED HORSE SQ-CANTONMENTS 6944 GODDARD DR. BLDG 160 MALMSTROM AFB MT 59402 (vi) The following clauses and provisions apply to this solicitation and are included by reference: 52.212-1 Instruction to Offerors - Commercial Items (Jun 2008) 52.212-3 Offeror Representations and Certifications--Commercial Items (Feb 2009) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2008) 52.219-6 Notice of Total Small Business Set-Aside (Jun 2003) 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 252.204-7004 Central Contractor Registration (52.2047)(Nov 2003) Alternate A (Nov 2003) 52.225-1 Buy American Act-Supplies (Feb 2009) 52.232-36 Payment by Third Party (May 1999) (ix) The following clauses and provisions apply to this solicitation and are included in full text: 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: (i) lowest price; (ii) delivery time; (b) 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) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (FEB 2009) (DEVIATION) (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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause. (i) 52.219-8, Utilization of Small Business Concerns (May 2004)(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 $500,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Apr 2002)(E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001)(38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, as Amended (Jul 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (vii) 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) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2009) (DEVIATION) (a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5 (JUN 2006) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.225-7014 Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a). 252.237-7019 Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). 252.247-7023 Transportation 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) (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, A7K, 150 Vandenberg St, Ste 1105, Peterson AFB, CO 80914-4350, 719-554-5250, fax 719-554-5299, a7k.wf@afspc.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) 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 http://ww.arnet.gov/far/ http://www.acq.osd.mil/dp/dars/dfars/html http://www.wdol.gov/ (End of clause) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (Mar 2008) (a) Definitions. As used in this clause- (1) "Contract financing payment" and "invoice payment" have the meanings given in section 32.001 of the Federal Acquisition Regulation. (2) "Electronic form" means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer. (3) "Payment request" means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/. (c) The Contractor may submit a payment request and receiving report using other than WAWF only when- (1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF; (2) DoD is unable to receive a payment request or provide acceptance in electronic form; (3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; or (4) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System). (d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. (e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests. (End of clause) 5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUGUST 2007) (a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. (b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass. (c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management. (e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. (f) Failure to comply with these requirements may result in withholding of final payment. (End of clause) Wide Area Workflow Instructions Electronic invoicing is now required in accordance with DFARS 252.232-7003. You will need the following information in order to complete your invoices: Paying Office DODAAC: F03000; Issuing Office DODAAC: FA4626; Inspector's BPN: F2WTB3; Email addresses: Customer: 819rhs.fm@malmstrom.af.mil; Contracting Officer: darrell.ross@malmstrom.af.mil; Contract Administrator: marshavia.clark@malmstrom.af.mil; FSC: 4610 (End of Clause) (x) In accordance with FAR 52.212-2, award will be made based on price and delivery time (in no specific order). (xi) All firms or individuals responding must be registered with the Central Contractor Registration (CCR), http://www.ccr.gov/. The Government reserves the right to award on a multiple award or an all or none basis. (xii) Quotes are required (along with Attachments 1 filled out) to be received no later than 4:00 PM MST, 25 March 2009. All quotes must be faxed to (406) 731-4005 to the attention of Marshavia Clark or emailed to marshavia.clark@malmstrom.af.mil. Please follow up with a phone call to ensure the fax is received. (xiii) Direct any questions to Marshavia Clark at (406) 731-4354, e-mail address marshavia.clark@malmstrom.af.mil; or Darrell D. Ross at (406) 731-3586, e-mail address darrell.ross@malmstrom.af.mil . Attachments 1) Attachment 1 - Brand Name Justification (1 page) DETERMINATION AND FINDINGS SUBJECT: Brand Name Procurement (Severn Trent ROWPU UAT-GEN-D-SW-800) FINDINGS 1. In accordance with (IAW) FAR 13.106-1(b)(1), for purchases less than the SAT, the Contracting Officer may make a determination to solicit for "brand name" only. Also, IAW IG5306 in Air Force Contracting Guidelines, J&A is not required for purchases under procedures in FAR Part 13 (see above). Dollar amount on requirement does not expect to exceed the SAT. 2. IAW 10 USC 2304(c)(1), the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency. Purchasing Severn Trent ROWPU (Reverse Osmosis Water Purification Unit; Model UAT-GEN-D-SW-800) is required to match existing on hand material, reducing the amount of inventory required for maintenance and repairs. Additionally, this equipment is part of 819 RHS's UTC kit (deployable), satisfying size requirements for logistics. Finally, obtaining the Severn Trent ROWPU will reduce training costs, as operation for the current ROWPU is already incorporated into 819 RHS's procedures. 3. As previously stated, the requested item is considered deployable. This capability is crucial as multiple RHS units are able to share the use of this item, specifically obtaining potable water for deployed airmen. DETERMINATION Based on the findings above and IAW Air Force Instructions, it is hereby determined that a brand-name procurement for this requirement for Severn Trent UAT-GEN-D-SW-800 is in the best interest of the Government and a sound business decision.