AG-84M8-S-15-0012_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-15-0012. 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 337215 with a size standard of 500 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’, Attachment 2, Statement of Work, Attachment 03 – Specifications, and Attachment 04 - Drawings for the description of item/services.

Delivery/Period of Performance: 30 calendar days after receipt of order to deliver and 5 calendar days after delivery for installation.

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 and install the requested shelving unit within the 5 day 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 5, 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).

52.211-6 -- Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision) 52.225-1 -- Buy American—Supplies (May 2014)

(a) Definitions. As used in this clause-- “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--

(1) 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

(2) 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.

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

(b) 41 U.S.C. chapter 83, Buy American, 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)).

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

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled “Buy American Certificate.”

(End of clause) 52.225-2 -- Buy American Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(b) Foreign End Products:

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

(End of Provision)

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 6, Representations by Corporations) with their Quotation.

Quotes are due by 3:00 pm MDT, Monday, July 20th 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