Military Freefall Equipment
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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) The solicitation number for this acquisition is H92239-18-Q-0021 and it is being issued as a Request for Quote (RFQ). A subsequent Purchase Order will be awarded to the most qualified vendor. (iii) The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular (FAC) 2005-99 effective 16 July 2018. (iv) This RFQ shall be set aside for 100% total small businesses and the associated North American Industry Classification System (NAICS) code is 334119 and the business size standard is 500 employees. The Product Service Code is 1670. (v) For the complete list of line item number(s) and items, quantities, and units of measure refer to the following CLIN structure of the combined synopsis/solicitation. (See attached PDF Document) (vi) The US Army Special Operations Command (USASOC), has a requirement for commercial items in support of the USASOC Black Daggers Parachute Demonstration Detachment; Javelin Odyssey parachute harness/container assemblies (Brand-Name by Sun Path Products), STARTRAC II and III canopies (Brand-Name by Flight Concepts), Sabre2 canopies (Brand-Name by Performance Designs), Automatic Activation Device (AAD) (Brand-Name or equal to Vigil Cuatro). Redacted Justification and Approval is attached. (vii) Delivery of Supplies will be not later than 90 days after date of contract, acceptance by the Government, and FOB destination. Items will be marked for the following destination: USASOC/PCA/PBO ATTN: TBD at time of award H-5786 Sustainment RD. Fort Bragg, NC 28310 (viii) FAR 52.212-1, Instructions to Offerors - Commercial, does apply to this acquisition with an addenda to the provision. ADDENDUM TO FAR CLAUSE 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS 1. Replace paragraph (b) entitled "Submission of offers" with the following instructions: (b) Submission of Quote. Submit signed and dated quote to the address identified below at or before the exact time specified in this solicitation. Paper/hard copy offers will not be accepted. It is encouraged to contact the Government for clarification if there are, or appears to be, errors, omissions, or inaccuracies in the request for quote. Only signed quotes submitted will be accepted. Quote shall contain the following sequential order: a. Quotes shall be submitted on the combined synopsis/solicitation and may include an attachment for its technical description submission (no more than 3 pages). As a minimum, quotes must show -- (1) The solicitation number; (2) The time specified in the solicitation for receipt of quotes; (3) The name, address, and telephone number of the vendor; (4) A technical description and detailed understanding of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. Some Items called for by this request for quotation have been identified in the schedule as a "brand name or equal" description. Such identification is intended to be descriptive but not restrictive and is to indicate the quality and characteristics of products that will be satisfactory. To ensure that sufficient information is available for technical evaluation, the offeror shall furnish descriptive material (technical information, brochures, drawings, or other information) necessary for the purchasing activity to determine whether the product offered meets the salient characteristics of the requirement. Offerors not providing technical information may be excluded from competition. (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed/updated copy of the Vendor's SAM Registration which includes the Vendor's representations and certifications IAW FAR 52.212-3 and Alt 1 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) The Contractor shall provide certification to status of Buy American for all equipment. Vendors shall identify where all items are manufactured. 2. Replace paragraph (c) entitled "Period of acceptance of offers" with the following instructions: (c) Period of acceptance for quotes. The vendor agrees to hold the prices in its offer firm for 30 days from the date specified for receipt of quotes. 3. Replace paragraph (e) entitled "Multiple offers" with the following instructions: (e) Multiple quotes. Vendors are authorized to submit partial quotes. However, it is the Government's desire to minimize the number of awards and reserves the right to award to an offeror, at a higher price, that is capable of providing the majority of all items under this solicitation. The Government will to award to the offeror that is in the best interest of the Government. (End of provision) (ix) ADDENDUM TO FAR 52.212-2, EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a purchase order resulting from this solicitation to the responsible vendor(s) whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government reserves the right to make an award on any item or group of items in a quote, if it is determined to be in the Government's best interest. The procedures in Federal Acquisition Regulation (FAR) Part 12 and FAR 13 apply to this acquisition. The evaluation of this requirement will result in a purchase order(s), price and other factors considered. The following factors shall be used to evaluate quotes: (1) Technical (2) Delivery (3) Price (1) Technical Acceptability - is defined as the offeror's ability to meet or exceed the Government's requirements as stated in the solicitation. i. Acceptability for the brand name items include: Technical acceptability in the offeror's ability to provide the required brand name product with an acceptable delivery date. This is a brand name only acquisition. The required product is the Javelin Odyssey Containers (manufactured by Sun Path Products), Main and Reserve Canopies (manufactured by Performance Designs) Startrac II and II Canopies (manufactured by Flight Concepts). Technical acceptability will be evaluated on a Pass or No-Pass basis. Only those offers evaluated, as Pass will be further evaluated and considered for award. ii. Acceptability for the Automatic Activation Devices (AAD) as specified in each CLIN of the solicitation will be evaluated on a brand-name or equal basis. Quotations offering "equal" products will be considered for award if such products are clearly identified and are determined by the Government to fully meet the salient characteristics and requirements listed in the solicitation. (2) Delivery - is defined as the capacity and offeror affirmation to conform with, or better, the Required Delivery Date (RDD) of NLT 90 days after receipt of award. Offers will be evaluated for price inclusive of transportation charges from shipping point to the delivery destination. Delivery is to Fort Bragg, NC. Offeror must specify Shipping Terms, FOB Point, and cost expressed as Firm Fixed price or Not to Exceed Price with charges supported by actual shipping invoice. (3) Price. Price will be evaluated in order to determine that it is fair and reasonable under FAR 13.106-3(a). The offeror shall submit a price proposal utilizing the CLIN structure as stated in the solicitation. The Government will evaluate the offeror's price proposal and award will be made provided the price proposal can be determined fair and reasonable. The Government price team will evaluate Offeror's price submission based on the following. i. Reasonableness: a. The Government will compare the Offeror's total price proposed to the total price proposed by historical data and the Independent Government Estimate (IGE) to determine the reasonableness of price. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business. b. The Government may determine that an offer is unacceptable if, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of cost or price analysis techniques. (b) Options. There are no options associated with the purchase order. (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) (x) Provision at FAR 52.212-3, Offeror Representations and Certifications Commercial Items, applies to this acquisition. The Offeror's representations and certifications must be entered within the System for Award Management website (www.sam.gov) for consideration for award. Contractors may obtain information on registration and annual confirmation requirements via the Internet at https://www.sam.gov/ or by calling the Federal Service Desk (866) 606-8220. The Contractor shall separately certify that all requested items are Buy American compliant. (xi) Clause at FAR 52.212-4 Contract Terms and Conditions Commercial Items, applies to this acquisition. (xii) Clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items, applies to this acquisition. The additional clauses within section (b) of this clause also apply: 52.204-10; 52.209-6; 52.219-6; 52.219-28; 52.222-3; 52.222-19; 52.222-21; 52.222-26; 52.222-35; 52.222-36; 52.222-37; 52.222-50; 52.223-18; 52.225-1; 52.225-13; 52.232-33. (xiii) Standard commercial warranty on all pieces of equipment shall apply. The following clauses and provisions also apply to this solicitation: CLAUSES INCORPORATED BY REFERENCE: 52.203-12 Limitations on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-7 System for Award Management (OCT 2016) 52.204-13 System for Award Management Maintenance (OCT 2016) 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (JUL 2016) 52.211-6 Brand Name or Equal (AUG 1999) 52.212-4 Contract Terms and Conditions--Commercial Items - (JAN 2017) 52.223-6 Drug-Free Workplace (May 2001) 52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (OCT 2016) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights - (SEP 2013) 252.203-7005 Representation relating to compensation of Former DOD Officials (DEC 2015) 252.204-7000 Disclosure of Information - (AUG 2013) 252.204-7003 Control of Government Personnel Work Product (Dec 2015) 252.204-7007 Alternate A, Annual Representations and Certifications (DEC 2015) 252.204-7008 Compliance With Safeguarding Covered Defense Information Controls (OCT 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting - (OCT 2016) 252.225-7001 Buy American and Balance of Payments Program-- Basic (DEC 2017) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (JUN 2012) 252.232-7010 Levies on Contract Payments - DEC 2006 252.243-7001 Pricing Of Contract Modifications - DEC 1991 252.244-7000 Subcontracts for Commercial Items - JUNE 2013 CLAUSES INCORPORATED BY FULL TEXT 52.204-23-Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. As prescribed in 4.2004, insert the following clause: Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (a) Definitions. As used in this clause-- Covered article means any hardware, software, or service that-- (1) Is developed or provided by a covered entity; (2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or (3) Contains components using any hardware or software developed in whole or in part by a covered entity. Covered entity means-- (1) Kaspersky Lab; (2) Any successor entity to Kaspersky Lab; (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or (4) Any entity of which Kaspersky Lab has a majority ownership. (b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from-- (1) Providing any covered article that the Government will use on or after October 1, 2018; and (2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract. (c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil/. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil/. (2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause: (i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items. (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 addresses: Acquisition.gov https://www.acquisition.gov/ (End of clause) 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) AUTHORIZED CHANGES ONLY BY CONTRACTING OFFICER The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Contracting Officer is: Mrs. Jennifer Z. Payne U.S. Army Special Operations Command 910-432-6978 910-432-9345 (Fax) Jennifer.payne@socom.mil SHIPPING AND RECEIVING INSTRUCTIONS (JUN 2009) MARKING: Contractors shall ensure that the contract number is clearly marked on the exterior of all shipping cartons/containers. This will assist in timely receipt of and payment for the supplies accepted. The purchase/delivery order number can be located in blocks 1 and 2 of the DD Form 1155 and block 2 of the SF 1449. It also appears at the top of each subsequent page. If drop shipping procedures are used, please ensure that your shipper complies with these instructions. Cartons without identification may be returned "freight collect". SHIPPING: The purchase/delivery order provides the only approved ship to/delivery address(es). Do not redirect shipments to locations other than those specified in the order. To do so may delay acceptance of and payment for the items shipped. Additional costs for shipment to addresses other than those specified on the order will not be paid unless the ship to/delivery address has been changed by a modification to the order signed by a contracting officer. INVOICING PROCEDURES: ELECTRONIC INVOICING: Except as provided in paragraph (c) of DFARS Clause 252.232-7003, Electronic Submission of Payment Requests (Mar 2007), the Contractor shall submit payment requests tough Wide Area Work Flow (WAWF) utilizing the Invoice and Receiving Report (Combo) method. The COMBO method is designed to generate a notification to the receiver that an invoice has been submitted and requires a receiving report. Utilization of this feature is expected to minimize delays in the payment process. Contractors shall register to use WAWF and ensure an electronic business point of contact (POC) is designated in the System for Award Management site at https://www.sam.gov/ within ten (10) calendar days after award of this contract/order. Information regarding WAWF is available on the Internet at the following addresses: WAWF General Information and Registration - https://wawf.eb.mil WAWF Training Database (great place to practice using WAWF) - https://wawftraining.eb.mil WAWF On-line Training Course (great place to begin learning WAWF) - www.wawftraining.com DFAS Electronic Commerce End Users Tool Box (register for classroom training and obtain user guides) http://www.dfas.mil/contractorpay/electroniccommerce/ECToolBox.html ALTERNATE METHOD: In the event WAWF is not available, invoices may also be submitted via fax to: DFAS - Rome, FAX# 877-575-3332. This method is to be used by exception only. TO ACCESS PAYMENT STATUS ELECTRONICALLY: https://myinvoice.csd.disa.mil//index.html FOR ADDITIONAL INFORMATION REGARDING THE VENDOR PAY INQUIRY SYSTEM: http://www.dod.mil/dfas/contractorpay/vedorpayinquiresystemvpis.html CUSTOMER SERVICE inquiries may be made to: 1-800-553-0527 DFAS: Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS) Office as designated in this contract. Please have your purchase order/contract number ready when calling about payments. You can also access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire about the status of your payment. CODES: The following codes and information will be required to assure successful flow of WAWF documents. TYPE OF DOCUMENT: _X_ COMBO: Invoice and Receiving Report __ Invoice as 2-in-1 (Services only) __ Invoice Only __ Construction Invoice (Contractor Only) __ Progress Payment (Government Only) __ Cost Voucher (Government Only) __ Receiving Report (Government Only) __ Receiving Report with Unique Identification (UID) Data (Government Only) (UID is a new globally unique "part identifier" containing data elements used to track DOD parts tough their life cycle.) ISSUE BY DODAAC: H92239 SHIP TO DODAAC: TBD ACCEPT BY DODAAC: TBD PAYMENT OFFICE FISCAL STATION CODE: HQ0302 EMAIL POINTS OF CONTACT LISTING: Upon submission of your electronic invoice, use the Email feature in WAWF to notify the following personnel: ACCEPTOR: TBD CONTRACT ADMINISTRATOR: jonathan.long@socom.mil CONTRACTING OFFICER: Jennifer.payne@socom.mil ADDITIONAL CONTACT: TBD RECEIVING REPORT PROCEDURES: ELECTRONIC RECEIVING VIA WAWF: The Warehouse/Receiving Activity/Contracting Officer's Representative (COR) is responsible to ensure a receiving report is correctly processed and forwarded to the appropriate finance office via Wide Area Work Flow (WAWF). In the event of a WAWF problem, contact the WAWF Help Desk at Telephone #: 1-866-618-5988 Email Address: CCO-EC-ARMY-WAWF-HELPDESK@dfas.mil PAPER RECEIVING REPORTS BY EXCEPTION ONLY: DD FORM 1155 - If the DD Form 1155 is used as the receiving report for either a final or partial receipt/payment: SF FORM 1449: If the SF Form 1449 is used as the receiving report as either a final or partial receipt/payment: DD FORM 250: If the DD form 250 is used for the receiving report, the only version acceptable by DFAS is the form dated August 2000. (xiv) Defense Priorities and Allocations System (DPAS) rating is not applicable on this acquisition. (xv) This is an electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted to Federal Business Opportunities (FBO) at www.fbo.gov. It is the responsibility of each vendor to review the webpage for notice of amendments, updates, or changes to current information. The electronic quote is due 31 August 2018 @ 1:00 p.m. EST. It is the responsibility of the vendor to ensure that the Contracting Office received their electronic quote submission by the due date on the FBO Notice. (xvi) All inquiries during the solicitation phase should be directed to the Contract Specialist, SSG Jonathan Long, Contracting Specialist, jonathan.long@socom.mil and courtesy copy (cc:) the Procuring Contracting Officer (PCO) Mrs. Jennifer Payne at jennifer.payne@socom.mil . Vendors are requested to review the solicitation and submit only written questions and/or comments with email subject line reference: Ref: Black Daggers MFF Equipment H92239-18-Q-0021. All questions must be submitted no later than August 28, 2018 at 1:00 P.M. EST. to allow a reasonable time for the Government to respond. All questions submitted after that date and time may not be answered. .
H92239-18-Q-0021 United States Special Operations Command
8/25/18, 12:29 PM