Addendum to 52.212-1 and Addendum to 52.212-2.pdf
PDF 198 KB Posted
- Attached to
- Medical Supplies Ukraine
- Solicitation number
- W564KV-26-Q-A026
About this file
This document is an Addendum to FAR 52.212-1 and 52.212-2 that provides instructions for quote submission and evaluation criteria for a commercial medical supplies acquisition.
The Government intends to award a single Firm Fixed-Price (FFP) contract based on the Lowest Price Technically Approved Product in accordance with RFO 12. Quoters must submit all required representations and certifications including FAR 52.209-11, DFARS provisions addressing telecommunications equipment, trade agreements, tax relief (with variants for foreign and German vendors), and item unique identification. Submissions must be in English via email (Microsoft Word, Excel, or PDF formats only; WINZIP files are rejected) with company identifying information limited to cover pages. Prospective quoters must be actively registered in SAM (www.sam.gov) by the quote due date. Quoted prices must remain firm for 60 calendar days from the receipt deadline. Delivery terms are FOB Destination OCONUS to U.S. Embassy Kyiv, Ukraine, with a maximum delivery period of 90 days after contract award. Questions must be submitted seven (7) days prior to the solicitation close date. Quoters must provide a CAGE code in Block 17a of SF 1449 and identifying numbers (NSN, IBSN, UPC, GS1, or Manufacturer CAGE/Part Numbers) for each end product.
Evaluation criteria comprise three factors: (1) Technically Approved Product based on Attachment 1 Medical Supplies Technical Specifications and capability statement (acceptable/unacceptable basis only); (2) Supplier Performance Risk System (SPRS) ratings with Green, Purple, Blue, Black, or Unknown classified as acceptable and Yellow, Red, or Grey as unacceptable; and (3) Lowest Price based on reasonableness of quoted prices with Total Evaluated Price calculated from all priced CLINs and SLINs. The Capability Statement must include quoter POCs and phone numbers, affirmative delivery commitment to Kyiv within 90 days, at least one contract reference from the past ten years for medical supplies, and either a prime contractor affirmation or comprehensive subcontractor documentation including Letters of Intent. Prices shall exclude taxes and duties from which the U.S. Government is exempt. Any quote evaluated as unreasonably high or low based on SPRS price risk analysis may be removed from consideration.
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Addendum to 52.212-1 Instructions for Submission of Quotes
1. General Instructions
The Government intends to award a Firm Fixed-Price (FFP) contract for this requirement based on the Lowest Price Technically Approved Product in accordance with RFO 12. Quotes that do not meet the required technical or delivery requirements will be determined "Unacceptable" and will not be considered for award.
Quoters shall include all documents and information in accordance with the instructions herein. Noncompliance with the Request for Quote (RFQ) requirements may hamper the Government's ability to properly evaluate the quote and may result in elimination from further consideration. Quoters are cautioned to follow the instructions carefully and are encouraged to present their best technical quote and prices in their initial submission. The Government intends to evaluate quotes and award a contract without discussions; however, exchanges may be conducted at the discretion of the Contracting Officer (KO).
Quotes must be self-sufficient and respond directly to the requirements of this solicitation. If a Quoter believes the requirements in these instructions contain an error, ambiguity, or omission, the Quoter shall immediately notify the KO in writing with supporting rationale.
2. Requirement Clauses and Provisions
The Quoter must complete and submit with their quote the following representations, certifications, and clauses, as appropriate:
Clause/Provision Title / Description Applicability
FAR 52.209-11
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law
All Quoters
FAR 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation
Foreign registered SAM vendors (W-14 template attached)
DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services All Quoters
DFARS 252.204-7017
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation
All Quoters
DFARS 252.211-7003 Item Unique Identification and Valuation All Quoters
DFARS 252.225-7020 Trade Agreements Certificate All Quoters
DFARS 252.229-7001 Tax Relief Foreign registered SAM.gov vendors (except German registered)
DFARS 252.229-7001,
Alt. I Tax Relief German registered
SAM.gov vendors only
Note: For provisions completed electronically via the System for Award Management (SAM) annual representations and certifications, the KO will review the online information instead of requiring manual submission, provided the Quoter verifies the SAM data is current, accurate, and complete within the last 12 months. Any exceptions or manual updates must be explicitly submitted with the quote.
3. Language and Formatting
All quotes, questions, and correspondence shall be submitted in the English language. Quotes submitted in a language other than English will be determined "Unacceptable" and will not be evaluated. Quoters may submit certified English translations of native-language documents, manuals, and/or product literature.
4. System for Award Management (SAM)
To be considered for award, prospective Quoters must be actively registered in SAM (www.sam.gov) by the date quotes are due.
5. Submission Information & Points of Contact
The Quoter is responsible for ensuring the Government's receipt of its quote. No late submissions will be accepted. Block 8 of this solicitation provides the due date and time for quotes. Local time is Central European Time (CET).
Point of Contact Role Email Address Mr. Dion Benton Contracting Specialist dion.d.benton.civ@army.mil
Mr. Brandon Donalson Contracting Officer brandon.m.donalson.civ@army.mil
• Format: Submissions must be via email in Microsoft Word, Excel, or Adobe Acrobat (PDF) formats.
WINZIP (.zip) files are routinely blocked by the firewall and will NOT be accepted.
• Multiple Emails: Quotes sent across multiple emails must be numbered sequentially (e.g., "Email 1 of 3").
• Anonymization Rules: Company identifying information (name and logo) must be strictly limited to the cover page of each submitted section (including technical submittals and schedules). Failure to adhere may render the quote unacceptable.
• Pricing Files: Microsoft Excel files must be unlocked and formula-driven. Numbers shall not be hard-coded where formulas are applicable.
6. Questions
Questions must be submitted to the POCs listed above no later than seven (7) days prior to the solicitation close date. Questions must cite the specific solicitation element to which they pertain.
7. Delivery Terms & Acceptance Period
• Terms: FOB Destination OCONUS. The contractor must deliver the goods on its conveyance at the destination; the contractor is responsible for shipping costs and risk of loss prior to actual delivery.
• Address: U.S. Embassy Kyiv, Ukraine (Exact POC and details provided at award).
• Delivery Date: No later than 90 days after contract award.
• Acceptance Period: Quoted prices must remain firm for 60 calendar days from the quote receipt deadline.
8. Price Submission
The Government intends to award one contract. Quoters shall submit pricing that is consistent with and supports the line items of the Standard Form (SF) 1449 provided in this solicitation.
9. Submission Requirements for Technically Approved Product
. The Government will review all quotation submissions for compliance with the requirements listed below. Any quoter that fails to provide the required items may be deemed noncompliant and may not be considered for further evaluation. Ensure the following subfactors are thoroughly addressed:
Subfactor Required Documentation / Actions for Submission
1: Technical Specifications
Provide product literature, data sheets, and/or images demonstrating the quoted product strictly conforms to Attachment 1: Medical Supplies Technical Specifications. Product Data Sheets are highly encouraged.
2: Capability Statement
Submit a detailed capability statement that explicitly provides all of the following:
1. Quoter POC Names and Phone Numbers.
2. Affirmative statement of capability to deliver to U.S. Embassy Kyiv, Ukraine within 90 calendar days.
3. At least one (1) contract reference from the past ten (10) years for supplying medical supplies or similar items.
4. Teaming/Subcontracting Statement: An affirmative statement that the
Quoter will perform 100% of the work as the prime contractor
-OR-
a comprehensive list of all proposed subcontractors (including legal name, address, POC, narrative of duties, and a signed Letter of Intent on official letterhead).
10. Supplier Performance Risk System (SPRS)
Quoters must submit their CAGE code in Block 17a of SF 1449. The Government will use this to access SPRS information. Quoters must also provide identifying numbers (NSN, IBSN, UPC, GS1, or Manufacturer CAGE/Part Numbers) for each end product to assess price and item risk.
(End of Addendum 52.212-1)
Addendum to 52.212-2 Evaluation of Quotes: Commercial Products and Commercial Services
1. Basis for Award
In accordance with RFO 12.203, the Government will evaluate all quotes based on the criteria specified in this addendum. The Government will award a single contract to the Quoter whose submission conforms to this solicitation and is evaluated as the Lowest Price Technically Approved Product, incorporating SPRS risk assessments.
2. Factor 1: Technically Approved Product
The quote must meet the technical requirements outlined in Attachment 1 and the submission instructions in 52.212-1. All subfactors are evaluated on a strict Acceptable/Unacceptable basis. Quotes failing to meet the criteria for any subfactor may be determined "Unacceptable" and eliminated from consideration.
Subfactor Acceptable/ Unacceptable Criteria
1: Technical Specifications
ACCEPTABLE: The submitted product literature and data sheets clearly demonstrate the quoted product meets or exceeds all requirements in Attachment 1: Medical Supplies Technical Specifications. Information is consistent across all provided files.
UNACCEPTABLE: The submitted documentation fails to demonstrate compliance with Attachment 1, is contradictory, or is missing required data.
2: Capability Statement
ACCEPTABLE: The Capability Statement explicitly includes:
• an active CAGE code;
• Quoter POCs;
• a 90-day delivery commitment to Kyiv,Ukraine;
• valid past performance (1 contract within 10 years);
• and a clear prime contractor affirmation
OR
complete subcontractor documentation (including Letters of Intent).
UNACCEPTABLE: The Capability Statement is missing one or more of the mandatory elements requested in 52.212-1, or the provided proof is insufficient/invalid.
3. Factor 2: Supplier Performance Risk System (SPRS)
The Government will consider risk in accordance with DFARS 252.204-7024. Supplier risk and item price risk will be assessed using SPRS. Any Quoter concerns regarding SPRS assessments should be addressed per paragraph (d) of the cited provision.
SPRS Rating Definition
Acceptable Quoter has a Supplier Risk Score and Item Price Risk Score of Green, Purple, Blue, Black, or "Unknown" (no information found in SPRS).
Unacceptable Quoter has a Supplier Risk Score and Item Price Risk Score of Yellow, Red, or Grey.
Note: A Quoter will not be evaluated favorably or unfavorably if no SPRS rating information is found.
"Unknown" risk is considered "Acceptable."
4. Factor 3: Lowest Price
Price submissions will be reviewed for completeness and compliance with 52.212-1. Incomplete price submissions may be rejected without evaluation.
• Evaluation Method: Price will not be numerically scored. The Government will evaluate the reasonableness of the quoted prices (realism will not be evaluated). Adequate price competition normally establishes a fair and reasonable price.
• Total Evaluated Price (TEP): TEP is calculated by adding all priced Contract Line Item Numbers (CLINs) and Subcontract Line Item Numbers (SLINs), including all optional CLIN/SLINs. Note: Evaluation of options does not obligate the Government to exercise those options.
• Taxes: Prices shall exclude taxes and duties from which the U.S. Government is exempt (per DFARS 252.229-7001, Alt I; 252.229-7003; and 252.229-7012).
• Item Price Risk: SPRS will be queried to compare quoted prices against historical prices for similar products. If a Quoter's TEP is evaluated as unreasonably high or low based on the SPRS price risk analysis, the quote may be removed from consideration.
(End of Addendum 52.212-2)
| Addendum to 52.212-1 |
| Addendum to 52.212-2 |
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