Secure Transport System for Fireams
Added: Mar 30, 2016 2:20 pm - 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; quotations are being requested and a written solicitation will not be issued.- The solicitation number is HSTS05-16-Q-FDO015. The solicitation is issued as a request for quotations (RFQ).- The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2005-87-1.- The solicitation is issued on an Unrestricted basis. The associated NAICS code is 314910 with a small business size standard of 500 employees.- The solicitation consists of the following items: 00001 Secure Transport System (STS) - 10,000 each- Description of requirements for the items to be acquired: The Transportation Security Administration (TSA) has a requirement for a STS for the Federal Flight Desk Officer (FFDO) Program. The technical requirements for the STS are detailed in Attachment 1.- Date and place of delivery, acceptance, and FOB point: All items are required to be delivered within 120 calendar days after receipt of order. Partial shipments are authorized insofar as all items are delivered within 120 calendar days. Items are to be delivered to, and acceptance will occur at Arlington, VA. FOB Destination is required.-The provision at 52.212-1, Instructions to Offerors -- Commercial applies to this acquisition. The following is an addendum to the provision:"(m) The TSA maintains a Qualified Products List for the Secure Transport System (STS QPL). The following are the only products currently tested and approved on the STS QPL:Manufacturer: Gould and GoodrichItems: T907 and T907V2(1) The Government will consider only those quotes identified as meeting the requirement (included on the STS QPL), unless the quoter can satisfactorily demonstrate to the contracting officer that it or its product or its subcontractor or its product can meet the standards established for qualification before the date specified for award. The date specified for award is 29 Apr 16.(2) A quoter who wishes to supply a product not on the STS QPL must comply with the test and evaluation procedures included in Attachment 1. Award will not be delayed solely to accommodate testing of non-qualified products. Notwithstanding, testing of all submitted products will still occur for possible inclusion on the STS QPL for future acquisitions, if any."- The provision at 52.212-2, Evaluation -- Commercial Items is applicable to this acquisition. The following is an addendum to the provision:Paragraph (a) is filled in as follows: "(i) Technical capability of the item to meet the Government requirement; (ii) Past Performance; and, (iii) Price."Paragraphs (b) and (c) are deleted in their entirety and "Reserved."The following paragraphs are added:(d) Award will be made using the lowest price technically acceptable (LPTA) selection process. Award may be made on initial quotations. Therefore, each initial quote should contain the quoter's best terms from a technical and price standpoint. However, the Government reserves the right to contact quoters if it is later determined by the contracting officer to be necessary. The LPTA process will proceed as follows:1) Quotes may be removed from consideration for any of the following reasons:• Quotes that are not received timely• Quotes that fail to follow the instructions in FAR Provision 52.212-1 or its addendum• Quotes that fail to submit any required documentation • Quotes that have language inconsistent with the terms and conditions set forth in the solicitation (e.g. Quote specifies FOB Origin versus solicitation-required FOB Destination)2) Quotes will be ordered by price from lowest to highest.3) The Government will then review Factor 1 and Factor 2 of the lowest priced quote. If the review finds that Factor 1 and Factor 2 of the lowest priced quote is acceptable, then that quote represents the best value to the Government and the technical evaluation process stops at this point. Contingent upon a subsequent determination of price reasonableness and of contractor responsibility by the Contracting Officer, an award will be made to that quoter without further consideration of any other quoters.If the lowest quote is determined not to be acceptable for any reason, then the next lowest priced quote will receive an evaluation as described above. The process will continue (in order by price) until a quote from a responsible contractor is determined to be acceptable and priced fairly and reasonably.4) Using this procedure, the Government might not evaluate all quotes.(e) Each Factor will be evaluated as follows:Factor 1. Technical capability to meet the Government's RequirementTechnical capability will be rated on an "acceptable" or "unacceptable" basis as follows:Rating - DescriptionAcceptable - Quote clearly meets the minimum requirements of the solicitationUnacceptable - Quote does not clearly meet the minimum requirements of the solicitationNote: Items currently on the STS QPL are automatically assigned an "Acceptable" rating for Factor 1.Factor 2. Past PerformancePast performance will be rated on an "acceptable" or "unacceptable" basis as follows:Rating - DescriptionAcceptable - Based on the quoter's performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter's performance record is unknown. (See note below.)Unacceptable - Based on the quoter's performance record, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effortNote: In the case of a quoter without a record of relevant past performance, or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown/neutral past performance. In the context of acceptability/unacceptability, "unknown/neutral" shall be considered "acceptable."Note: Quoters are not required or requested to submit past performance references. The Government will use public and Government-restricted sources (e.g. PPIRS) to evaluate past performance.Factor 3. PricePrice will not be rated. Price analysis will be conducted to determine reasonableness.- Quoters are required to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items with its quote. Quoters shall complete only paragraph (b) of this provision if they have completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed tough http://www.acquisition.gov . If the Quoter has not completed the annual representations and certifications electronically, it shall complete only paragraphs (c) tough (q) of this provision.- The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. There are no addenda to the clause.- The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. The additional FAR clauses cited in the clause which are applicable to the acquisition are as follows:(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).(16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).(25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).(26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).(27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).(28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).(29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).(30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).(33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).(40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).(43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).(44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).(50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332).- The following additional contract requirements and terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices are applicable, as follows:G. 5200.243.001 CONTRACTING OFFICER (CO) (JUL 2015)The Contracting Officer is the only person authorized to make any changes, approve any changes in the requirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, and notwithstanding any term contained elsewhere in this contract, such authority remains vested solely in the Contracting Officer. (For further information, the Contracting Officer is a federal government employee who is specifically authorized and appointed in writing under specified agency procedures and granted the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.) In the event, the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The following Primary Contracting Officer is assigned to this contract. Alternate Contracting Officers may be assigned:TSA Contracting Officer:NAME: Stacey SanthuffPHONE NUMBER: 202.360.7929EMAIL: Stacey.Santhuff@tsa.dhs.gov(End of clause)- G.5200.242.003 SUBMISSION OF INVOICES (JUL 2015)(a) Background: The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen).(b) Invoice Submission Method: Invoices may be submitted via facsimile, U.S. Mail, or email. Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference:1) Facsimile number is: 757-413-7314The facsimile number listed above shall be used by contractors for ORIGINAL invoice submission only. If facsimile submission is utilized, contractors shall not submit hard copies of invoices via the U.S. mail. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (d) of this clause.2) Address / Contact InformationUnited States Coast Guard Finance CenterTSA Commercial InvoicesP.O. Box 4111Chesapeake, VA 23327-4111(FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil)(c) Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer's Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the invoices back to FinCen. Upon receipt of certified invoices from an Authorized Certifying Official, FinCen will initiate payment of the invoices.Note for discounts offered:Discounts on invoices. If desired, the Contractor should offer discounts directly upon the invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted amounts for payment for any time period less than the usual thirty day payment period specified under Prompt Payment requirements; however the Contractor should not structure terms for payment of net amounts invoiced any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract.(d) Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means:(1) Via the internet: https://www.fincen.uscg.milContacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or (757) 523-6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday tough Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week.(2) Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm(e) Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract.(f) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer's Representative. Note for "time-and-material" type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a "time-and-materials" type contract, order, or contract line item: "The Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract's specified requirements for the labor category invoiced."(g) Additional Invoice Preparation Instructions for Software Development and/or Hardware. The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc.) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.)(h) Frequency of Invoice Submission. Invoices shall be submitted after deliveries are made, no more than once monthly. If multiple deliveries are made during a month, all deliveries shall be consolidated into a single monthly invoice.(End of clause)H.5200.204.001 Major Breach of Safety or Security (DEC 2015)(a) Safety is the freedom from those conditions that can cause death, injury, occupational illness, damage to or loss of equipment or property, or damage to the environment. Safety is essential to TSA and compliance with safety standards and practices is a material part of this contract. A major breach of safety may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of safety must be related directly to the work on the agreement. A major breach of safety is an act or omission of the Contractor that consists of an accident, incident, or exposure resulting in a fatality, serious injury, or mission failure; or in damage to equipment or property equal to or greater than $1 million; or in any "willful" or "repeat" violation cited by the Occupational Safety and Health Administration (OSHA) or by a state agency operating under an OSHA approved plan.(b) Security is the condition of safeguarding against espionage, sabotage, crime (including computer crime), or attack. A major breach of security may constitute a breach of contract that entitles the Government to exercise any of its rights and remedies applicable to material parts of this agreement, including termination for default. A major breach of security may occur on or off Government installations, but must be related directly to the work on the agreement. A major breach of security is an act or omission by the Contractor that results in compromise of classified information or sensitive security information or sensitive but unclassified information, including contractor proprietary information, illegal technology transfer, workplace violence resulting in criminal conviction, sabotage, compromise or denial of information technology services, equipment or property damage from vandalism greater than $250,000, or theft greater than $250,000.NOTE: Breach of Security for the purposes of this definition should not be confused with breach of security in screening operations.(c) In the event of a major breach of safety or security, the Contractor shall report the breach to the Contracting Officer. If directed by the Contracting Officer, the Contractor shall conduct its own investigation and report the results to the Government. The Contractor shall cooperate with the Government investigation, if conducted.(End of clause)- H.5200.212.001 COMMERCIAL APPLICABILITY (JUL 2015)This contract XX is/is not for commercial item, as defined by FAR 2.1.(End of clause)- H.5200.224.001 DISCLOSURE OF INFORMATION (JUL 2015)Information furnished by the Contractor under this contract may be subject to disclosure under the Freedom of Information Act (FOIA). Therefore, all items that are confidential to business, or contain trade secrets, proprietary, or personally-identifiable information must be clearly marked. Any information made available to the Contractor by the Government must be used only for the purpose of carrying out the requirements of this contract and must not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract.In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and information and must ensure that all work performed by its Subcontractor(s) shall be under the supervision of the Contractor or the Contractor's employees.(End of clause)- FAR 52.204-1 Approval of Contract (Dec 1989)This contract is subject to the written approval of Branch Chief, Field Support and Strategic Sourcing and shall not be binding until so approved.(End of Clause)- FAR 52.209-1 Qualification Requirements (Feb 1995)(a) Definition. "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.Transportation Security AdministrationAviation Programs BranchAttn: Suzanne Cryan601 S 12th St - Mailstop 6105Arlington VA 20598(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.Manufacturer's Name: Gould and GoodrichItem Name: T907 & T907V2(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.(End of Clause)- HSAR 3052.212-70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (SEP 2012) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:(a) Provisions _X_3052.247-72 F.O.B. Destination Only(b) Clauses. _X_3052.205-70 Advertisements, Publicizing Awards, and Releases (End of clause)- L. 5200.225.001 Notice to Offerors/Contractors Concerning Trade Agreements Terms Applicability to the Transportation Security Administration (DEC 2015)With respect to the following Federal Acquisition Regulation (FAR) provisions and clauses listed directly below:FAR 52.225-1 "Buy American Act-Supplies," FAR 52.225-2 "Buy American Act-Certificate,"FAR 52.225-5 "Trade Agreements," FAR 52.225-6 "Trade Agreements Certificate,"FAR 52.225-9 "Buy American Act-Construction Materials," FAR 52.225-10 "Notice of Buy American Act Requirement-Construction Materials,"FAR 52.225-11 "Buy American Act-Construction Materials under Trade Agreements;" and, FAR 52.225-12, "Notice of Buy American Act Requirement-Construction Materials under Trade Agreements"Offerors are hereby notified that the the TSA is subject to the World Trade Organization Government Procurement Agreement and the countries it includes as presently defined in FAR 25.003. Otherwise, the only other trade agreements that presently cover the TSA are the North American Free Trade Agreement and the U.S.-Chile Free Trade Agreement. . Offerors must analyze their intended proposals and provide information in response to the required provisions accordingly.The European Union participation is as defined at http://www.wto.org/english/thewto_e/countries_e/european_communities_e.htm (End of provision)- L. 5200.225.002 Notice to Offerors/Contractors Concerning "Buy American Act" and Trade Agreement Application to Federal Supply Class Codes within the 8300 and 8400 Series (JUL 2015)In applying the Buy American Act, the Transportation Security Administration advises offerors that, as it affects Federal Acquisition Regulation (FAR) Sub-part 25.4 "Trade Agreements" requirements and the associated contract clauses and provisions at:FAR 52.225-1 "Buy American Act-Supplies," FAR 52.225-2 "Buy American Act-Certificate,"FAR 52.225-5 "Trade Agreements," FAR 52.225-6 "Trade Agreements Certificate,"Only domestic products or products from Canada, Mexico, and/or Chile which can be treated as a "designated country end product" as defined in FAR 25.003 due to the sole applicability, respectively, of the North American Free Trade Agreement and the U.S.-Chile Free Trade Agreement are acceptable for offer under a solicitation or delivery under a contract that specifies the delivery of products in the Federal Supply Class (FSC) code 8300 series "Textiles, Leathers, Furs, Apparel and Shoes, Tents and Flags" and the FSC 8400 series "Clothing and Individual Equipment."(End of provision)- L. 5200.233.001 AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103 (JUL 2015)In the event of receipt of the Contracting Officer's final decision of an agency-level protest in accordance with Federal Acquisition Regulation 33.103, the offeror is hereby advised that an appeal process is available from within the agency. The Assistant Administrator of the Office of Acquisition in the Transportation Security Administration is the independent appeal authority. All appeals must be submitted in writing and signed by a company official who is authorized to commit the company and contain the same elements required in FAR 33.103(d) as well as an explanation of the Contracting Officer's decision (and copy of such decision). Appeals must be sent either in writing or via email to Transportation Security Administration, ATTN: APPEAL OF AGENCY PROTEST, Office of Acquisition, 601 S. 12th Street, Arlington, VA 20598-6025 , or via email to TSAProcurementPolicy@tsa.dhs.gov. The subject line for the email should clearly indicate "APPEAL OF AGENCY PROTEST".(End of provision)- The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition.- Quotes and product samples for items not currently on the STS QPL are due by 11:00AM Eastern Time on 14 Apr 16. Quotes shall be submitted electronically to kevin.newton@tsa.dhs.gov.- For information regarding the solicitation, contact Kevin Newton at 202-631-3110.
HSTS05-16-Q-FDO015 Department of Homeland Security Transportation Security Administration
3/30/16, 2:20 PM