E15PS00175_-_Combined_Synopsis_RFQ_Sections_1-5_-_Eaton_Batteries_and_Instalation_Disposal.pdf

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Solicitation Number:

E15PS00175

Notice Type:

Combined Synopsis/Solicitation

Office Address:

Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE) Acquisition

Operations Branch, 45600 Woodland Road, Sterling, Virginia 20166

Subject:

Eaton UPS Backup Battery Units

Response Date: 12pm EST, Friday, September 18, 2015

Synopsis:

PLEASE READ CAREFULLY: This announcement constitutes the only solicitation; quotes are being requested and a separate written solicitation will not be issued.

The Department of the Interior, Bureau of Safety and Environmental Enforcement (BSEE), has a competitive brand-name only requirement for a certified installation of eighty (80) Eaton 9390-40-80

UPS Batteries at the Centerpoint Financial Building located in Anchorage, Alaska. This requirement also includes the removal and disposal of the existing batteries. The installation and disposal shall be completed by an Eaton-certified installer or reseller. Please refer to Section 2 for more detailed information.

This is a combined synopsis/solicitation for commercial items prepared in accordance with FAR Subpart

13.105(b) and Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number for this procurement is E15PS00175 and this is a Request for Quote (RFQ) open to both large and small business concerns. The anticipated purchase order type is Firm Fixed Price (FFP).

The award will be made based on the best value offer that is most advantageous to the Government. The anticipated delivery date is 30 days from the date of award. The associated North American Industrial

Classification Systems (NAICS) code for this procurement is 335999, All Other Miscellaneous Electrical

Equipment and Component Manufacturing, with a size standard of 500 employees.

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SECTION 1

RESERVED FOR SF 1449

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SECTION 1 (Cont’d)

PRICING

1.1 GENERAL INFORMATION

This acquisition is being conducted in accordance with FAR Parts 12 & 13. Under this Request for Quote

(RFQ), the United States Department of the Interior (DOI), Bureau of Safety and Environmental

Enforcement (BSEE) anticipates awarding a Firm Fixed Price (FFP) Purchase Order to provide Eaton

UPS Batteries and Installation & Disposal as stated in Section 1.2 of this RFQ. The North American

Industry Classification System (NAICS) code for this acquisition is 335999, All Other Miscellaneous

Electrical Equipment and Component Manufacturing, with a size standard of 500 employees.

1.2 CONTRACT LINE ITEM STRUCTURE/PRICING

CLIN DESCRIPTION QTY UNIT UNIT

PRICE

TOTAL

PRICE

00010 Eaton-brand UPS Backup Battery Units 80 EA $ $

00020 Installation & Disposal 1 JOB $ $

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SECTION 2

STATEMENT OF WORK (SOW)

2.1 PURPOSE

The Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental

Enforcement (BSEE) have a need for eighty (80) Eaton 9390-40-80 UPS Batteries to be installed by an

Eaton-certified Contractor at the Centerpoint Financial Building located at 3801 Centerpoint Drive, Suite 500, Anchorage, AK 99503. The Centerpoint Financial Building is a leased facility occupied by multi-civilian tenants. BOEM/BSEE is the principle Federal tenant. These UPS batteries are needed to replace the existing batteries in the UPS battery system installed on the 5 th floor of the Centerpoint building. Disposal of the existing batteries is also required.

2.2 REQUIRED ITEMS & SERVICES

BSEE requires the following items:

Item Quantity Brand Name

Requirement

UPS Backup Battery

Unit (with standard warranty)

Eaton 9390-40-80, VRLA

Sealed

BSEE requires the following services:

Installation of new batteries: Primary power to ALL systems connected to the UPS must be maintained at all times during the installation and replacement process.

The installation shall be performed by a certified Eaton systems installer.

The contractor shall provide all necessary cables, tools, and equipment necessary to properly install the units.

Removal and disposal of old batteries and packaging materials is required.

After installation of new batteries, the system should be tested for proper operation using the appropriate testing equipment.

A full set of documentation shall be provided to BSEE to include, but not limited to, UPS unit model information, system configurations, and any other unique system information.

2.3 OTHER REQUIREMENTS

2.3.1 - Payment for Unauthorized Work

No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein. Only the Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

2.3.2 – Physical Security

The Contractor shall be responsible for safeguarding all Government propter provided for

Contractor use. At the end of duty hours, all BSEE/BOEM equipment and materials must be properly secured.

2.3.3 – Sign In/Out

The Contractor is required to sign in and sign out on the visitor log in the Centerpoint Financial

Building. The Contractor must be escorted by BSEE/BOEM staff while in the building. The

Contractor must always contact the designated Contracting Officer’s Representative (COR) upon arrival to the building and prior to starting any work.

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2.3.4 – Travel

Long distance travel is NOT authorized under this requirement. The Contractor must be in the local Anchorage, AK commuting area or have the ability to fulfill the requirement without travel expense to the Government.

2.3.5 – Certification

The Contractor shall be an authorized or certified installer and reseller of Eaton products. The

Contractor shall submit evidence of this certification with the quote.

2.4 DELIVERY DATE

This will be a hardware acquisition delivery order with warranties included with the products.

The required delivery date is no more than 30 days from the date of award unless another date can be mutually agreed to by the vendor and the Contracting Officer. Installation shall begin within two (2) business days from delivery of the batteries, unless another date is mutually agreed upon by the vendor and the Contracting Officer. Installation and disposal shall be completed in less than fifteen (15) calendar days from delivery unless another date is mutually agreed upon by the vendor and the Contracting Officer.

2.5 DELIVERY ADDRESS & PLACE OF PERFORMANCE

The deliverables under this effort shall be delivered to and installed at the below address:

Attn: To be determined at award

Bureau of Safety & Environmental Enforcement (BSEE)

3801 Centerpoint Drive, Suite 537

Anchorage, AK 99503

2.6 INSPECTION & ACCEPTANCE CRITERIA

Final inspection and acceptance of all work performed and deliverables will be conducted at the place of delivery/performance by the COR.

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SECTION 3

GENERAL PURCHASE ORDER TERMS AND CONDITIONS

3.1 DELIVERY DATE & PERIOD OF PERFORMANCE

This will be a hardware acquisition delivery order with warranties included with the products.

The required delivery date is no more than 30 days from the date of award unless another date can be mutually agreed to by the vendor and the Contracting Officer. Installation shall begin within two (2) business days from delivery of the batteries, unless another date is mutually agreed upon by the vendor and the Contracting Officer. Installation and disposal of batteries shall be completed in less than fifteen (15) calendar days from receipt of shipment unless another date is mutually agreed upon by the vendor and the Contracting Officer.

3.2 DELIVERY ADDRESS & PLACE OF PERFORMANCE

The deliverables under this effort shall be delivered to and installed at the below address:

Attn: To be determined at award

Bureau of Safety & Environmental Enforcement (BSEE)

3801 Centerpoint Drive, Suite 537

Anchorage, AK 99503

3.3 CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) assigned for this Order below:

*To be provided to the successful Offeror at time of award.

3.4 CONTRACT ADMINISTRATION

The contract administration points of contact are detailed below. Copies of all correspondence concerning this order shall be provided to following:

Contracting Officer (CO)/Administrative Contracting Officer (ACO)

Josh Jordan

U.S. Department of the Interior

Bureau of Safety and Environmental Enforcement (BSEE)

Acquisition Operations Branch

45600 Woodland Road

Sterling, Virginia 20166

Tel: 703-787-1529

Email: Joshua.jordan@bsee.gov

Contracting Officer Representative (COR)

*To be provided to the successful Offeror at time of award.

3.5 INVOICING REQUIREMENT

Invoices shall be submitted after acceptance of deliverables by the Government, no more than once monthly, in accordance with the instructions provided below.

DIAPR 2011-4 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS –

INVOICE PROCESSING PLATFORM (IPP) (APR 2013)

Payment requests must be submitted electronically through the U. S. Department of the

Treasury's Invoice Processing Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, E15PS00175 Eaton 9390-40-80 Batteries, Installation, & Disposal 8 of 33 the payment request must comply with the requirements identified in the applicable Prompt

Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions -

Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Documentation required by FAR 32.905(b)

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP tor submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

3.6 DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction

(written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the

Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting

Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

https://www.ipp.gov/

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3.7 CLAUSES INCORPORATED BY REFERENCE

In accordance with FAR 52.252-2, this solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The Contractor shall comply with these clauses unless the circumstances do not apply. Upon request, the Contracting

Officer will make their full text available. The full text of a clause may be accessed electronically at https://www.acquisition.gov/far/.

Clause Title Date

52.204-13 System for Award Management Maintenance Jul 2013

52.212-4 Contract Terms and Conditions - Commercial Items Sep 2013

3.7.1 The contract clauses set forth in the following paragraphs of the Department of the Interior

Acquisition Regulation (DIAR) are incorporated in this contract with the same force and effect as though set forth herein in full text. The designated clauses are incorporated as they appear in the

DIAR on the date of this RFQ, notwithstanding the date referenced. The DIAR can be accessed by visiting the following link, http://www.doi.gov/pam/programs/acquisition/pamareg.cfm.

Clause Title Date

1452.203-70 Restriction on Endorsements--DOI Jul 1996

1452.204-70 Release of Claims--DOI Jul 1996

1452.215-70 Examination of Records by the DOI Apr 1984

3.8 FAR 52.252-6 - AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR

Chapter 1) provision with an authorized deviation is indicated by the addition of

“(DEVIATION)” after the date of the provision.

(b) The use in this solicitation or contract of any DIAR (48 CFR Chapter 16) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

3.9 FAR 52.203-99 - PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION)

(FEB 2015)

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the

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Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

3.10 FAR 52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (MAY 2015)

(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 items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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 items:

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009).

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul

2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013) (41 U.S.C. 2313).

E15PS00175 Eaton 9390-40-80 Batteries, Installation, & Disposal 11 of 33

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and

(3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

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___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

___ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

___ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and

E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014)

(E.O.s 13423 and 13514

___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

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_X_ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun

2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug

2011) (E.O. 13513).

___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the

Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41

U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

E15PS00175 Eaton 9390-40-80 Batteries, Installation, & Disposal 14 of 33

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(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, and does not contain the clause at 52.215-2, Audit and Records -

- Negotiation.

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(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 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 items. 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 (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

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

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

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(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O. 13627).

(xii) 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.)

(xiii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States

(Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

3.9 OVERDUE PAYMENTS

(a) The Prompt Payment Act, Public Law 97-177 (96 Stat.85, 31 USC 1801) is applicable to payments under this purchase order and requires the payment of contractors of interest on overdue payment and improperly taken discounts.

(b) Determinations of interest due will be made in accordance with the provision of the Prompt

Payment Act and Office of Management and Budget Circular A-125.

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SECTION 4

QUOTE PREPARATION INSTRUCTIONS

4.1 QUOTE PREPARATION

Quotes in response to this solicitation shall be submitted in two volumes: 1) Technical and 2)

Business/Price Submission. Technical and Business/ Price quotes shall be submitted in Microsoft Word or Portable Document Format, via email to the Contracting Officer’s email address provided in section

4.4. Please be advised that it is the Offeror’s responsibility to ensure the Government receives your submission on or before the specified due date.

4.2 QUOTE SUBMISSION INSTRUCTIONS

4.2.1 Technical Submission – Volume I: The Technical submission shall be attached separately from the Pricing submission. The technical submission shall be based on technical evaluation criteria listed herein along with the past performance reference forms. Your submission may use any font, and must use pitch size 12 and be single spaced.

4.2.1.1 Eaton Certification

a. The Offeror shall provide technical specifications of their Eaton certification to meet the entire requirement as stated in this RFQ.

4.2.1.2 Past Performance

The Offeror shall provide information on two (2) previous Government contracts it performed recently (in-progress or completed within the last three years) that are relevant to the requirements of this solicitation. If the Offeror has not had two Government contracts within the last three years, it may submit information on relevant Government subcontracts and/or commercial industry contracts instead. Relevant past performance is performance which is similar in terms of size, scope and complexity to the requirements of this solicitation. Include a description of the project, project title, contract number, contract amount, client identification including agency or company name, contracting and technical reviewing official, address, telephone number, and email address. Offeror’s shall complete Attachment 1, Section 6, and submit it with their technical quote.

4.2.2 Business/Price Quote Submission – Volume II

4.2.2.1 General Requirements: The Business/Price Quote shall be submitted with a validity of

30 days as a separate volume from the technical quote. Quote shall include a detailed breakdown of items, labor/labor categories, rates, and pricing.

4.2.2.2 Specific Requirements: The Business/ Price quote submission shall be based on your current market pricing, utilizing all applicable discounts. The Government encourages a discount from your current market price or discount from your commercial price list under this effort.

Please note that the Federal Government does not pay taxes. If your organization publishes a

Commercial price list, the Offeror will submit that price list along with the Business/ Price submission or provide a link to the website where Government can access the commercial price list of your organization.

4.2.2.3 Additional Components of the Business/ Price Quote (Volume II)

This volume of the quote shall also include:

A. Offeror’s Dun and Bradstreet Number (DUNS), CAGE code, and Taxpayers Identification

Number (TIN), item descriptions, quantities, labor categories, per unit prices, and total price.

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B. Completed provision FAR 52.212-3 Offeror Representations and Certifications— Commercial

Items (Dec 2012) provided as Attachment 2.

4.3 ASSUMPTION, CONDITIONS OR EXCEPTIONS

The Offeror shall highlight any assumptions, conditions, or exception provisions that conflict with the terms and conditions of this solicitation in a separate volume. These documents will be reviewed by the Government. Any terms and conditions that are considered unacceptable by the

Government and cannot be resolved may result in the Offeror being removed from consideration.

Conflicting provisions will be considered as exceptions to the terms and conditions of this solicitation. Any exception taken to the terms and conditions of the solicitation may adversely impact its evaluation rating. If assumptions, conditions, or exceptions are not noted in a separate volume of your quote, it will be assumed that the Offeror proposes no assumptions, and agrees to comply with all of the terms and conditions as set forth herein in this solicitation. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the Offeror’s quote.

4.4 METHODS OF QUOTE DELIVERY

Quotes shall be submitted via email to the Contracting Officer listed below:

Attn: Mr. Josh Jordan

Email: Joshua.jordan@bsee.gov

4.5 QUESTIONS DUE DATE

Questions regarding this solicitation must be submitted before Wednesday, September 16, 2015 by 12:00 Noon P.M. Eastern Time via email to Josh Jordan at Joshua.jordan@bsee.gov. RFQ

Number E15PS00175 must be included in the subject line of the email.

4.6 QUOTE DUE DATE

Quote submitted in response to this RFQ shall be received by the due date and time established herein. Quotes shall be submitted no later than 12:00 Noon P.M. Eastern Time, Friday, September 18, 2015 to be considered for award. Any submissions received after the date and time specified herein will NOT be considered for award. Phone calls are strongly discouraged.

4.7 FAR 52.252-5 – AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any DIAR (48 CFR Chapter 16) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

4.8 FAR 52.203-98 - PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS—

REPRESENTATION (DEVIAITON) (MAR 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department

E15PS00175 Eaton 9390-40-80 Batteries, Installation, & Disposal 19 of 33 or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

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SECTION 5

EVALUATION OF QUOTES

5.1 GENERAL INSTRUCTIONS

Quotes shall be prepared and submitted in accordance with and comply with the instructions contained in Section 4 of this solicitation. Each submission will be evaluated against the evaluation factors and sub-factors listed below in Section 5.3. The Government reserves the right to award without any clarifications or discussions.

5.2 BASIS FOR AWARD

Award shall be made to the responsible Offeror whose quote, in conforming to this Request for

Quote, provides the overall best value to the Government, technical and price considered.

(a) The Government will award a delivery order resulting for this solicitation to the responsible offeror whose offer conforming to the solicitation will be the most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Lowest Price Technically Acceptable (LPTA) – Technical acceptability will be determined by determining whether the offered items meet or exceed all requirements in

Sections 2.2 and 2.3. Failure to submit documentation of the Eaton certification and two

(2) completed Past Performance Questionnaires will result in disqualification.

(b) The Government will evaluate offers on the basis of information furnished by the Offeror and shall not be responsible for locating or obtaining any information not identified in the offer.

5.3 EVALUATION CRITERIA

The following evaluation criteria will be utilized in order to determine if the Offeror is considered to have provided the best overall value to the Government.

5.3.1 PROOF OF EATON CERTIFICATION/AUTHORIZATION TO DISTRIBUTE

Current Eaton certifications must be submitted with quote. Failure to provide these certificates, or documentation thereof, will automatically disqualify the quote.

5.3.2 PAST PERFORMANCE

The past performance evaluation will examine the extent to which the Offeror’s past performance demonstrates its capability and capacity to successfully perform the requirements of this solicitation, in accordance with the Section 6, Attachment 1. In assessing relevance of past performance, the Government will consider relevant contracts as those contracts that are ongoing or completed within the last three (3) years having comparable level of size, scope, and complexity to the requirements of the solicitation.

The Government will evaluate Past Performance by assessing the following:

a. Evaluation of the history of developing and delivering high quality services/products in the areas described in the RFQ (or areas similar to those described in the work statement) to large-scale organizations, especially those primarily Governmental in nature (such as

State, local, or Federal Government entities).

b. Evaluation of fulfillment of contract requirements and technical excellence. This includes meeting or exceeding past contract requirements, use of appropriate personnel, E15PS00175 Eaton 9390-40-80 Batteries, Installation, & Disposal 21 of 33 timeliness of Offeror against the schedule of deliverables, and demonstrated technical excellence. The Government reserves the right to obtain and utilize information from sources other than those identified by the Offeror, such as contractor past performance information that is collected and reported in the Government’s specified automated past performance information collection systems.

5.4 PRICE

The Business/Price Quote will be evaluated separately from the technical quote. Evaluators will consider whether the price adequately satisfies the Government’s requirement as specified in

Section 2 of this RFQ. If the quote is unrealistically low in price, it may be deemed reflective of an inherent lack of technical requirement or indicative of failure to comprehend the complexity of the requirement and may be grounds for the rejection of the quote. The Offeror is expected to propose a reasonable price. An evaluation of the Offeror’s Business/Price quote including rates proposed under Section 1.2 – Contract Line Item Numbers (CLINs) to determine if it is reasonable for the work to be performed, reflects a clear understanding of the requirements and is consistent with the technical quote.

E15PS00175 Eaton 9390-40-80 Batteries, Installation, & Disposal 22 of 33

SECTION 6

ATTACHMENTS

ATTACHMENT DESCRIPTION PAGES:

1 - Past Experience/Past Performance Information Form

2 - Offeror Representations and Certifications—Commercial Items

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ATTACHMENT 1- PAST PERFORMANCE REFERENCE INFORMATION FORM

(To be submitted as part of Technical Quote)

1. Complete name of Government agency, commercial firm, or other organization

2. Complete address

3. Contract number or other reference

4. Date of contract

5. Date work was begun

6. Date work was completed

7. Estimated contract price

8. Final amount invoiced or amount invoiced to date

9a. Technical point of contact (name, title, address, telephone no. and email address)

9b. Contracting or purchasing point of contact (name, title, address, telephone

no. and email address)

10. Location of work (country, state or province, county, city)

11. Description of contract work (Describe the nature and scope of the experience and provide an explanation of how the work is the same or similar to the work required by the BSEE). Attach an explanation of any performance problems or other conflicts with the customer. Use a continuation sheet, if necessary.)

12. Current status of contract (choose one):

a. Work continuing, on schedule Terminated for convenience

b. Work continuing, behind schedule Terminated for default

c. Work completed, no further action pending or underway Other (explain)

d. Work completed, routine administrative action pending or underway

e. Work completed, claims negotiations pending or underway

f. Work completed, litigation pending or underway

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ATTACHMENT 2 – OFFEOR REPS & CERTS

FAR 52.212-3 Offeror Representations and Certifications—Commercial Items (Nov 2013)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the

System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision—

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13

CFR part 127. It automatically qualifies as a women-owned small business eligible under the

WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation”, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-

9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of

E15PS00175 Eaton 9390-40-80 Batteries, Installation, & Disposal 25 of 33 southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor,…