AG-84M8-S-15-0011_Revised_per_Amendment_02.docx

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; proposals/quotations are being requested and a written solicitation will not be issued. This solicitation is being issued as a Request for Quotation (RFQ). Submit only written quotations for RFQ AG-84M8-S-15-0011. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83. This acquisition is 100% set-aside for Total Small Business. The associated NAICS code is 331210 with a size standard of 1000 employees. The line item description is as follows:

Schedule of Items See ‘Attachment 1, Schedule of Items’, for items and quantities. Offerors shall complete, sign, and return the Schedule of Items as part of their offer.

Description of Requirement See ‘Attachment 1, Schedule of Items’, for the description of requirements of items/services.

Delivery/Period of Performance: 2 weeks after receipt of purchase order

The provision at 52.212-1, Instruction to Offerors—Commercial (April 2014), applies to this acquisition. The following addenda to this provision also apply to this acquisition:

Instructions for the Preparation of Quotations Offerors shall complete and sign Attachment 01, Schedule of Items

The provision at 52.212-2, Evaluation—Commercial Items (Oct 2014), applies to this acquisition. The evaluation criteria, listed under paragraph (a) of this provision, are as follows:

The Government will award a contract resulting from this solicitation to the lowest priced technically acceptable offer. To be technically acceptable, offeror must be able to provide the requested pipe within the 2 week delivery time requirement.

The provision at 52.212-3, Offeror Representations and Certifications—Commercial Items (Mar 2015), applies to this acquisition. Offerors shall include a completed copy of the provision (‘Attachment 2, Reps and Certs’) with their Quotation.

The clause at 52.212-4, Contract Terms and Conditions—Commercial Items (May 2015), applies to this acquisition.

The clause at 52.212-5 (May 2015), Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, applies to this acquisition. The following FAR clauses, cited within the clause, apply to this acquisition:

52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

52.222-3, Convict Labor (June 2003) (E.O. 11755).

52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

52.222-21, Prohibition of Segregated Facilities (Feb 1999).

52.222-26, Equal Opportunity (April 2015) (E.O. 11246).

52.222-35, Equal Opportunity for Veterans (July 2014) (38 U.S.C. 4212).

52.222-36, Affirmative Action for Workers with Disabilities (July 2014) (29 U.S.C. 793).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011).

52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act Alternate (May 2014)

(a) Definitions. As used in this clause- “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product” means an article that-

(1) Is wholly the growth, product, or manufacture of Bahrain, Morocco, Oman, Panama, or Peru; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Bahrain, Morocco, Oman, Panama, or Peru into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

“Canadian end product” means an article that-

(1) Is wholly the growth, product, or manufacture of Canada; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Canada into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

“Commercially available off-the-shelf (COTS) item”-

(1) Means any item of supply (including construction material) that is-

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into an end product.

“Cost of components” means-

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

“Domestic end product” means-

(1) An unmanufactured end product mined or produced in the United States;

(2) An end product manufactured in the United States, if-

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(ii) The end product is a COTS item.

“End product” means those articles, materials, and supplies to be acquired under the contract for public use.

“Foreign end product” means an end product other than a domestic end product.

“Free Trade Agreement country” means Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore.

“Free Trade Agreement country end product” means an article that-

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Free Trade Agreement country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.

“Israeli end product” means an article that-

(1) Is wholly the growth, product, or manufacture of Israel; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in Israel into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Components of foreign origin. Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.

(c) Delivery of end products. 41 U.S.C. chapter 83 provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for an end product that is a COTS item (See 12.505(a)(1)). In addition, the Contracting Officer has determined that NAFTA applies to this acquisition. Unless otherwise specified, NAFTA applies to all items in the Schedule. The Contractor shall deliver under this contract only domestic end products except to the extent that, in its offer, it specified delivery of foreign end products in the provision entitled “Buy American-Free Trade Agreements-Israeli Trade Act Certificate.” If the Contractor specified in its offer that the Contractor would supply a Canadian end product, then the Contractor shall supply a Canadian end product or, at the Contractor's option, a domestic end product.

The following additional terms and conditions and contract requirements apply to this acquisition:

AGAR 452.209 – 70 - Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction. Alternate 1 (Feb 2012). Offerors shall include a completed copy of the provision (Attachment 3, Representations by Corporations) with their Quotation.

Quotes are due by 3:00 pm MDT, Monday, July 16th 2015. Quotes received after the due date and time may or may not be considered. Quotes shall be emailed to sbatkinson@fs.fed.us.

For information regarding this RFQ, please contact:

Shawn Atkinson, Contracting Officer

(801) 625-5169