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 FA7000-12-T-0085, in accordance with FAR Part 12 and 13.  This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-60, effective August 27, 2012.  This acquisition has been designated as a total small business set-aside under the North American Industry Classification System (NAICS) code is 811310.  The small business size standard is $7,000,000.00.  All responsible sources may submit a quote, which if received timely, will be considered by the 10^th Contracting Squadron, USAF Academy (USAFA). 

REQUIREMENTS FOR QUOTE:

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.

Provide pricing for each of the following line items:

Item No.	Description		Qty.	Unit Price	Extended Price
0001	Installation of stainless steel piping for servo-hydraulic load frames to include all costs for fully operational system in accordance with the Performance Work Statement (PWS).		1	$	$
TOTAL PRICE				$

*NOTE: 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.

INSTRUCTIONS:

The following Federal Acquisition Regulation (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items, addenda applies:  The contractor shall submit their quote on company letterhead to include the following: solicitation number, contact 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, and warranty information.  The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

Quotes must be received no later than 12:00pm Mountain Standard Time, 14 September 2012 to [email protected].  Questions should be addressed to the Primary POC Andrew Lawson, Contract Specialist, USAF Academy (719) 333-2327, [email protected].  Alternate POC is Elizabeth Lawson, Contracting Officer, (719) 333-3929, [email protected].  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.

ADDRESS:

Department of Engineering Mechanics

Michael Knauf

USAF Academy, CO 80840

United States     

719-333-6053

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, Alt I shall be completed in hard copy and submitted with quote. 

c. In accordance with FAR 52.212-4(t), Central Contractor Registration (CCR) contractors must be registered with CCR 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/

CLAUSES INCORPORATED BY REFERENCE

52.204-10        Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012)

52.209-6          Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010)

52.209-10        Prohibition on Contracting With Inverted Domestic Corporations (May 2012)

52.212-4          Contract Terms and Conditions -- Commercial Items (Feb 2012)

52.219-6          Notice of Total Small Business Set-Aside (Nov 2011)

52.219-28        Post-Award Small Business Program Rerepresentation (Apr 2012)

            52.222-3          Convict Labor (June 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)

52.222-41        Service Contract Act of 1965 (Nov 2007)

            52.222-50        Combating Trafficking in Persons (Feb 2009)

52.223-18        Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

52.225-13        Restriction 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)

            252.225-7002  Qualifying Country Sources as Subcontractors (Jun 2012)

252.232-7003  Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)

            252.232-7010  Levies on Contract Payments (Dec 2006)

252.212-7001     CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2010) (DEVIATION)

Additional FAR and DFARS clauses cited in the clause applicable to this acquisition are:

         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)

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:

·         Price

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.

(End of Clause)

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (Mar 2012) (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 this paragraph (b)(1) 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)).

(iii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities

(ix) [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) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(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)

5352.201-9101 OMBUDSMAN (APR 10)

(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 S. Snyder

8110 Industrial Drive, Ste 103

USAFA, CO 80840

Telephone number 719-333-2074

FAX 719-333-9018

Email:  [email protected]

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)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUG 07)

(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, valid vehicle insurance certificate, and (refer to USAFA A-01 Contractor Access to USAFA Instruction) 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 [insert any additional requirements to comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management,] citing the appropriate paragraphs as applicable.

(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)

ATTACHMENTS:

1.            Performance Work Statement

2.            Load Frame Layout

3.            List of Equipment

4.            Pictures of Laboratory

5.            Buy American Act and certification of compliance is required and must be submitted with quote – reference DFARS clause 252.225-7001. 

6.            Contractor must comply with Service Contract Act requirements at FAR 52.222-41 and the associated wage determination.