Case Goods RFQ.pdf

DEPARTMENT OF THE AIR FORCE

86th Airlift WING (USAFE)

Combined Synopsis/Solicitation

Updated 26 Feb 21 Page 1 of 8

Requirement Title: KMC - Dormitory Case Goods

Solicitation Number: F3N0524025AW04

Contract Type: Firm Fixed Price

Response Deadline: 4 September 2024 by 14:00 (2:00 pm) CEST Quotes submitted after this date may not be evaluated for award.

Questions Deadline: 28 August 2024 by 14:00 (2:00 pm) CEST Questions submitted after this date may not be answered.

Point(s) of Contact: Primary: SrA Tara Higgins, tara.higgins@us.af.mil

Alternate: SSgt Christian Leyva Meraz, christian.leyva_meraz.1@us.af.mil

1. 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 are being requested and a written solicitation will not be issued.

2. This solicitation is being issued as a Request for Quotations (RFQ) under FAR Part 13.

3. This solicitation document and incorporated provisions and clauses are those in effect through:

Federal Acquisition Circular 2024-05 05/22/2024 Defense Federal Acquisition Regulation Public Notice 04/25/2024 Department of the Air Force Federal Acquisition Circular 07/07/2023

4. Due to the overseas location of this requirement, no set-aside will be used in accordance with FAR 19.000(b). The North American

Industry Size Classification System (NAICS) code associated with this requirement is 337126.

5. Description: Purchase of case good furniture (made of hard materials, such as wood, metal, glass, or plastic) for the Kaiserslautern Military Community (KMC) dormitories. Color needs to be consistent and uniform. All surfaces must be polished, sealed and smooth to the touch. See Attachment 1 for a full list of specifications deliverables are required to meet in order to comply with this solicitation.

Due to the unique uniformity requirements of dormitory case goods, all rigorous specifications set forth by the Government require compliance in order to integrate into the current inventory.

Delivery Terms: FOB Destination Place of Delivery:

Einsiedlerhof Air Station Bldg 741 Ramstein AB, Germany 67661

Delivery Timeline: Not Later Than 180 Days After Receipt of Order

Line Item Description Quantity Unit Unit Price Extended Price

Dormitory Case Goods See Attachment 1 for a breakout of furniture and specifications.

*Includes delivery*

1 LOT

General Information

Requirement Information

Updated 26 Feb 21 Page 2 of 8

FAR provision 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. As prescribed in FAR 12.301(b)(1), the following addendum is provided for this solicitation and hereby amends any language therein:

1. Addendum to FAR 52.212-1(b), Submission of offers. Offeror shall submit an electronic copy of their dated offer via e-mail to:

tara.higgins@us.af.mil AND christian.leyva_meraz.1@us.af.mil with the solicitation number in the subject block by 04 September 2024, 1600 (4:00 PM) Central European Summer Time (CEST). Submit a dated Offer Schedule marked with solicitation number F3N0524025AW04, Attachment 1 AND Past Performance Information. Facsimile proposals will not be accepted. Unit and extended pricing must be provided on the schedule, along CLIN 0001. Quoted amounts need to be in Euro, net prices without tax.

2. Deliverables: Due to the overseas location and unique dormitory compatibility requirements, offerors must showcase experience and proficiency in furniture modifications/custom designs. As such, the Government requires offerors to provide past performance information. The Government must be able to easily discern the contractor's familiarity with furniture acquisition processes and designing procedures.

2.1. Pricing: Pricing must be provided on CLIN 0001 of this document AND Attachment 1, per each individual line item with unit pricing, extended price, and total price (0001-0011).

2.2. Past Performance Information (PPI): Offerors must provide past performance information that supports their capability to furnish, design, and tailor case good, dormitory furniture conforming to military standards. The PPI must be recent and relevant. Recent here is defined as within the past five (5) years. Relevant here is defined as delivering similar furniture to that of Attachment 1 with respect to quality and quantity amounts. PPI may be previous federal contracts; if so, the offeror must also provide the contract number and copy of the contract. Offerors are required to submit a minimum of one instance of PPI, but no more than three instances.

3. Addendum to FAR 52.212-1(f), Late submissions, modifications, revisions, and withdrawal of offers. This paragraph is tailored to read as follows: Offerors are responsible for submitting electronic offers by the solicitation due date and time. Offers received after the solicitation due date and time are considered late and will be handled in accordance with FAR 52.212-1(f).

FAR Provision 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation and hereby amends any language therein:

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Offerors that fail to comply with the solicitation requirements (e.g. late submissions, failure to the deliverables as instructed in the above addendum to FAR 52.212-1, etc.) shall be deemed unresponsive and shall not be considered for award. The offeror who is deemed responsible and responsive with the lowest priced, technically acceptable quote will be determined to represent the best value. Award shall be based on all or none and best value to the Government. The Government may award without discussions; however, the Government reserves the right to conduct discussions if deemed in the Government's best interest. Quotes will be evaluated on price and offeror's technical acceptability.

Price: Quotes initially will be ranked from lowest to highest based on total evaluated price. The total evaluated price is the total of all equipment (i.e. CLIN 0001 above). The extended price of CLIN 0001 must match the total sum of all line items of Attachment 1.

Technical Acceptability: The Government will then evaluate the lowest priced quote for technical acceptability. However, the Government reserves the right to evaluate additional quotes for technical acceptability if deemed to be in the best interest of the Government. If additional quotes are evaluated for technical acceptability, they will be evaluated in the order of total price. Technical Acceptability will be evaluated utilizing Past Performance Information using a pass or fail metric.

An offeror is deemed to be technically acceptable if they receive a "pass" rating. The Government must be able to easily discern the contractor's familiarity of case good furniture delivery and designing/tailoring procedures. The evaluation criterion will consider whether the PPI is recent (within 5 years) and relevant. Relevancy will be determined by a comparison of the PPI and Attachment 1 with respect to quality/specification adherence and quantity delivered. Once a quote is both recent and relevant, they will receive a pass rating, and evaluations shall close.

Evaluation Criteria

Instructions to Offerors

Updated 26 Feb 21 Page 3 of 8

FAR provision 52.212-3, Offeror Representations and Certifications -- Commercial Items with alternate I applies to this acquisition;

the offeror verifies by submission of their offer that the representation and certifications posted at FAR 52.212-3 have been entered or updated electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal in the last 12 months, and are current, accurate, complete, and applicable to this solicitation. Alternatively, if the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision and include a completed copy with its offer.

FAR clause 52.212-4, Contract Terms and Conditions -- Commercial Items applies to this acquisition.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.

(May 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C.

3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328)

[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024). ✖ 52.222-21, Prohibition of Segregated Facilities

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[X] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).

[X] (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).

[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to

Clauses and Provisions

Updated 26 Feb 21 Page 4 of 8 appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II). (B) Alternate I (Dec 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi)(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014)(41 U.S.C. chapter 67).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

Updated 26 Feb 21 Page 5 of 8

The provisions and clauses listed below have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. The following provisions and clauses are hereby included by reference:

52.203-3, Gratuities 52.204-7, System for Award Management 52.204-13, System for Award Management Maintenance 52.204-16, Commercial and Government Entity Code Reporting 52.204-18, Commercial and Government Entity Code Maintenance 52.204-22, Alternative Line Item Proposal 52.204-24, Representation Regarding Certain Telecommunication and Video Surveillance Services or Equipment 252.203-7000, Requirements Relating to Compensation of Former DoD Officials 252.203-7002, Requirements to Inform Employees of Whistleblower Rights 252.203-7005, Representation Relating to Compensation of Former DoD Officials 252.204-7003, Control of Government Personnel Work Product 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations 252.225-7002, Qualifying Country Sources as Subcontractors 252.225-7005, Identification of Expenditures in the United States 252.225-7020, Trade Agreements Certificate 252.225-7021, Trade Agreements 252.225-7041, Correspondence in English 252.225-7043, Antiterrorism/Force Protection for Defense 252.225-7048, Export-Controlled Items 252.229-7000, Invoices Exclusive of Taxes or Duties 252.229-7002, Customs Exemptions (Germany) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7006, Wide Area Workflow Payment Instructions 252.232-7008, Assignment of Claims (Overseas) 252.232-7010, Levies on Contract Payments 252.233-7001, Choice of Law (Overseas) 252.243-7001, Pricing of Contract Modifications 252.243-7002, Request for Equitable Adjustment 252.244-7000, Subcontracts for Commercial Items 252.247-7023, Representation of Extent of Transportation by Sea 5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS)

The following provisions and clauses are hereby included by full text:

52.252-1, Solicitation Provisions Incorporated by Reference

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov

52.252-2, Clauses Incorporated By Reference

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 address(es): https://www.acquisition.gov

52.252-6, Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized

Updated 26 Feb 21 Page 6 of 8 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 Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.229-7001, TAX RELIEF --ALTERNATE I

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor’s government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: [Offeror insert] RATE (PERCENTAGE): [Offeror insert]

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor’s invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government’s exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense. The Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate for Tax-Free Deliveries/Performance according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authorities. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled, and reported as tax-free.

(End of clause)

5352.201-9101 USAFE Ombudsman (Jul 2023)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(a) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman.

Primary:

Mr. Joe Lyden

AFICA/KU, UNIT 3103, APO, AE 09094-3103

AFICA/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail: joseph.lyden@us.af.mil

Tel: DSN: (314)480-2209 Fax: (49)-6731-47-2025

Alternate:

Ms. Heidi Hoehn

AFICA/KU, UNIT 3103, APO, AE 09094-3103

AFICA/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail: heidi.hoehn.de@us.af.mil

Updated 26 Feb 21 Page 7 of 8

Tel: DSN: (314)480-9330 Fax: (49)-6731-47-2025

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

Attachment 1 – Case Good Specifications and List

Attachments