Combo FA560623Q2089 - Fabrication Band Saw.pdf

Combined Synopsis/Solicitation

DEPARTMENT OF THE AIR FORCE

52D FIGHTER WING (USAFE)

Page 1 of 8Page 1 of 8

Requirement Title: Fabrication Band Saw

Solicitation Number: FA560623Q2089

Solicitation Issue Date: Wednesday, 12 July 2023

Response Deadline: Thursday, 03 August 2023 no later than 14:00 PM Central European Summer Time

Point(s) of Contact: Katrin Arnoldy, katrin.arnoldy.de@us.af.mil, +49 6565 61 9541

Christine Zacchetti, christine.zacchetti.de@us.af.mil. +49 6565 61 9532

General Information

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(n) Request For Quotation (RFQ).

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

Federal Acquisition Circular 06/02/2023 Defense Federal Acquisition Regulation Public Notice 06/09/2023 Air Force Federal Acquisition Circular 05/08/2023

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 332216

Requirement Information

Description:

This requirement is for a Fabrication Band Saw.

Please see attachment for technical specifications.

Place of Delivery/Performance/Acceptance/FOB Point:

Spangdahlem Airbase, Germany

Line Item Description Quantity Unit Unit Price Extended Price 0001 Fabrication Band Saw 1 EA 0002 Shipping to Spangdahlem Airbase, Germany 1 EA

Instructions to Offerors

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:

- Quoted amounts need to be net prices without tax

- The Government reserves the right to award on an "All or None" basis

- Provide Quote Expiration Date, Best Delivery Date, and any Discount Terms

- Quotes, attachments, and all other correspondence as listed in this solicitation must be emailed to both points of contact (POCs)

- All questions are to be submitted in writing by Thursday, 27 July 2023 11:00 AM Central European Summer Time

52D FIGHTER WING (USAFE)

Page 2 of 8Page 2 of 8

- Quotes are required to be valid until 30 September 2023 11:59 PM Central European Summer Time

Evaluation Criteria

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:

BASIS FOR CONTRACT AWARD: (Addendum to 52.212-2)

Evaluation of Quotes: In accordance with FAR 12.602(a) and FAR 13.106-2, the following is provided:

a. The Government intends to award a purchase order resulting from this Request for Quotation (RFQ) to the vendor whose quotation conforms to the solicitation and is considered most advantageous to the Government, with price, technical, and past performance factors being considered. Offerors should propose their best solution to meet the stated requirements.

b. The following factors shall be used to evaluate quotations:

1. Price

2. Technical Capability

c. Basis of Award: The award will be made to the vendor whose quotation represents the best value to the government. As allowed by FAR 13.106-2(b)(1), the Lowest Price Technically Acceptable (LPTA) selection process shall be applied. Award will be made to the vendor who is deemed responsible, responsive, and represents the best value to the government based on selection of the lowest evaluated price that is deemed technically acceptable. The best value is represented by the lowest priced technically acceptable quotation. To be eligible for award, a quotation must meet all technical requirements, conform to all required terms and conditions, and provide all information required as defined in Addendum to 52.212-1. To be rated "technically acceptable" the offer must have an "acceptable" rating in the Technical Factor. The technical area will be evaluated on an "acceptable" or "unacceptable" basis. If the quotation received is determined to be unacceptable, the vendor will be excluded from competition and will not be considered for award. Additionally, if no offers are rated technically acceptable, the CO has reserved the right to cancel the Solicitation in lieu of conducting discussions. In this case, the Government is under no obligation to release a new Solicitation.

EVALUATION FACTORS:

PRICE EXHIBIT

a. A quote's Total Evaluated Price (TEP) will be determined by the sum of all separately priced CLINs as presented on the combined synopsis/solicitation. If separate CLIN prices AND a TEP (as applicable) are not included, not clearly stated, miscalculated and/or not understandable, the offer will be rejected as non-responsive.

TECHNICAL EXHIBIT

a. Each technical factor will be evaluated on an acceptable/unacceptable basis and assigned a rating on whether the quote meets the solicitation requirements. Extra credit will not be assigned for exceeding the acceptable/ unacceptable criteria. A rating of "Acceptable" will be required in the factor to be eligible for award.

b. Technical Acceptable/Unacceptable Ratings

52D FIGHTER WING (USAFE)

Page 3 of 8Page 3 of 8

1. Rating Descriptions:

Acceptable: Quote meets the requirements of the solicitation.

Unacceptable: Quote does not meet the requirements of the solicitation.

c. Technical Factor 1

1. Description: Specifications Compliance

2. Measure of Merit: Contractor provided, in sufficient detail, a description of the products being provided, in accordance with Attachment 1 - Technical Specifications

Clauses and Provisions

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.

FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Items applies to this acquisition; the following checked clauses are hereby included by reference:

52.203-6, Restrictions on Subcontractor Sales to the Government with Alternate I 52.203-13, Contractor Code of Business Ethics and Conduct 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards ✖

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment ✖

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.222-17, Nondisplacement of Qualified Workers 52.222-19, Child Labor--Cooperation with Authorities and Remedies✖

52.222-21, Prohibition of Segregated Facilities ✖

52.222-26, Equal Opportunity ✖

52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-37, Employment Reports on Veterans 52.222-50, Combating Trafficking Persons✖

52.222-54, Employment Eligibility Verification 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ✖

52.225-13, Restrictions on Certain Foreign Purchases✖

52.232-33, Payment by Electronic Funds Transfer--System for Award Management✖

52.232-36, Payment by Third Party

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:

52D FIGHTER WING (USAFE)

Page 4 of 8Page 4 of 8

52.204-7, System for Award Management

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

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab or Other Covered Entities

52.225-14, Inconsistency Between English Version and Translation of a Contract

52.232-18, Availability of Funds

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

52.253-1, Computer Generated Forms

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

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

252.204-7009, Limitations on the use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support

252.211-7008, Use of Government-Assigned Serial Numbers

252.222-7002, Compliance with Labor Laws (Overseas)

252.223-7008, Prohibition of Hexavalent Chromium

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

52D FIGHTER WING (USAFE)

Page 5 of 8Page 5 of 8

252.233-7001, Choice of Law (Overseas)

252.244-7000, Subcontracts for Commercial Items

5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS)

5352.223-9001, Health and Safety on Government Installations

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:// farsite.hill.af.mil

52.252-2, Clauses Incorporated By Reference (Feb 1998)

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): http://farsite.hill.af.mil

52.252-6, Authorized Deviations in Clauses (Nov 2020)

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

(End of clause)

252.229-7001, TAX RELIEF --ALTERNATE I (APR 2020)

(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: [Mehrwertsteuer] RATE (PERCENTAGE): [19%]

(b) 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

52D FIGHTER WING (USAFE)

Page 6 of 8Page 6 of 8 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 OMBUDSMAN (OCT 2019)

(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 quotes, 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).

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

Primary:

Mr. Joseph F. 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 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.

(End of clause)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2019)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base.

The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The

52D FIGHTER WING (USAFE)

Page 7 of 8Page 7 of 8 contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, and a valid vehicle insurance certificate to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

52.204-27 Prohibition on a ByteDance Covered Application.

Prohibition on a ByteDance Covered Application (Jun 2023)

(a) Definitions. As used in this clause—

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

52D FIGHTER WING (USAFE)

Page 8 of 8Page 8 of 8

(End of clause)

Attachments

Attachment 1 - Technical Specifications

Funds Available

Funds Not Currently Available

“Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.”