Revised_Solicitation.pdf

REVISED

502d Contracting Squadron Combined Synopsis/Solicitation

F2MRAR4206AG01 Student Ministry Center Arcade Games – JBSA-LAFB

JBSA-Fort Sam Houston, Texas 78234

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format in FAR Subpart 12.6, as applicable, and as supplemented with additional information included in this notice. This solicitation is issued as Request for Quote (RFQ) for “Brand Name or Equal” Items. This is 100% Small Business Set-Aside IAW FAR Part 13.003(b)(1)—Policy.

The North American Industrial Classification Systems (NAICS) of 713120, (Amusement

Arcades), with a size standard of $7,000,000.00 is applicable to this solicitation. This announcement constitutes the only solicitation; a written solicitation will not be issued. This document incorporates provisions and clauses in effect through Federal Acquisition Circular

(FAC), Number 2005-76-Correction, effective 25 July 2014.

This solicitation is for the purchase, delivery, and installation / setup for three arcade games. The games include: I.C.E. hoop fever basketball game, Big Bucks Arcade Game, and Aliens

Armageddon Gun Game. The government will award a firm fixed price contract.

All items quoted are to be new, unused and not remanufactured in any way. In the table below brand names are for the purpose of describing and establishing salient characteristics desired.

The unit price and the extended price shall be included in the table below:

CLIN Description Qty Unit of Issue Unit Price

Extended

Price

Provide the arcade games, delivery and install/setup of the arcade games. The games to be delivered are as follows:

1 EA I.C.E. Hoop Fever Basket Ball Game

1 EA Big Bucks Arcade Game

1 EA Aliens Armageddon 42” Gun Game

1 Lot

Total

ATTENTION CONTRACTORS: Funds are not currently available for this solicitation.

Award of a contract as a result of this solicitation is contingent upon the availability of appropriated funds from which payment of this contract may be made. There shall be no legal liability on the part of the government for contract purposes until funds are made available to the contracting officer.

ALL INTERESTED PARTIES MUST BE REGISTERED IN THE SYSTEM

FOR AWARD MANAGEMENT (SAM) DATABASE If you are not registered, you may request an application at (866) 606-8220 or through the SAM website at http://www.sam.gov. Please provide the following information:

DUNS number:

Cage Code:

Federal Tax ID:

http://www.sam.gov/

Email Address:

Phone Number:

Fax Number:

Name of person quoting (signature if faxing):

Delivery Date: 30 Days After Contract Award

FOB: Destination

Inspection and Acceptance: Destination

Primary Point of Contact:

Lisa Paschall

Contract Specialist

Telephone: (210) 295-4436, FAX: (210) 808-6152

Email Address: lisa.w.paschall.civ@mail.mil

Alternate Point of Contact:

Gary D. Beck

Contracting Officer

Telephone: (210) 808-6146, FAX (210) 808-6152

Email Address: gary.d.beck4.civ@mail.mil

The following provisions and clauses are applicable to this RFQ and can be viewed through

Internet access at the Federal Acquisition Regulation (FAR) site, http://farsite.hill.af.mil

FAR 52.212-1, Instructions to the Offerors-Commercial Items.

FAR 52.212-2, Evaluation--Commercial Items, applies to this acquisition. The Government will award a contract resulting from this solicitation on the basis of a ‘Lowest Price Technically

Acceptable' (LPTA) approach. The following factors shall be used to evaluate offers: price and technical acceptability. Technical acceptability will be evaluated on a pass or fail basis by determining whether the proposed contractor meets all requirements listed under the description of agreement. The Government intends to evaluate offers and make award to the Lowest Price

Technically Acceptable (LPTA) offeror without discussions; however, this does not preclude the

Government from having discussions if it is in the best interest of the Government to do so.

ADDENDUM TO FAR 52.212-1, Instructions to Offerors - Commercial Items

1. Solicitation: This Requirement is solicited and awarded as a commercial item under procedures of FAR Part 12, “Acquisition of Commercial Items,” and under FAR Part 13. “Simplified

Acquisition Procedures.”

2. Solicitation Questions: Questions will be accepted until 4:00 PM, Thursday, 4 September

2014, Central Standard Time. Questions shall be in writing and sent via e-mail to:

lisa.w.paschall.civ@mail.mil or gary.d.beck4.civ@mail.mil.

3. Quote Requirements: All quotes are due no later than 10:00AM, Wednesday, 17 September mailto:derrick.j.johnson2.civ@mail.mil http://farsite.hill.af.mil/

2014, Central Standard Time, to: lisa.w.paschall.civ@mail.mil or gary.d.beck4.civ@mail.mil.

(End of Addendum to 52.212-1)

FAR 52.203-7, Anti-Kickback Procedures.

FAR 52.204-7, System for Award Management.

FAR 52.204-10, Reporting Executive Compensation and First Tier Subcontract Awards

FAR 52.204-13, System for Award Management Maintenance.

FAR 52.211-17, Delivery of Excess Quantities

FAR 52.219-6, Notice of Total Small Business Set Aside

FAR 52.219-28, Post Award Small Business Program Representation

FAR 52.222-3, Convict Labor

FAR 52.222-21, Prohibition of Segregated Facilities

FAR 52.223-6, Drug-Free Workplace

FAR 52.225-13, Restrictions on Certain Foreign Purchases

FAR 52.228-5, Insurance Work on Government Installation

FAR 52.232-33, Payment by Electronic Funds Transfer

FAR 52.232-36, Payment by Third Party.

FAR 52.247-34, FOB Destination

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials

DFARS 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense

Contract-Related Felonies

DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights

DFARS 252.223-7006, Prohibition On Storage And Disposal Of Toxic And Hazardous

Materials (Apr 2012)

DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving

Reports

DFARS 252.232-7010, Levies on Contract Payments

DFARS 252.225-7001, Buy American Act and Balance of Payments Program

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

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

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

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

(2) Clearly identify the item by—

(i) Brand name, if any; and mailto:lisa.w.paschall.civ@mail.mil http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P556_79520 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P784_112599 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_232.htm#P1084_199112

(ii) Make or model number;

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

and

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

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The

Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

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

(End of provision)

FAR 52.212-3 Alt l, Offeror Representations and Certifications – Commercial Items; the offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://sam.gov. If the offeror has not completed the annual representations and certifications electronically at the SAM website, the offeror shall complete paragraphs (c) through (m) of this provision.

FAR 52.212-4, Contract Terms and Conditions – Commercial Items (May 2014)

ADDENDUM TO FAR 52.212-4 (May 2014), IAW FAR 52.212-4(c), Contract Terms and

Conditions--Commercial Items.

Reference FAR 52.212-4, Paragraph (c) is hereby tailored as follows: (c) Changes – Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes such as paying office, appropriation data, etc., which may be changed unilaterally by the Government.

FAR 52.212-4, Paragraph (n) is hereby tailored as follows:

(n) Title. Unless specified elsewhere in this contract, title to items furnished by the contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. Title for commercially-available-off-the-shelf software is exempt from this paragraph. The terms and conditions of the software licensing agreement shall prevail in lieu thereof.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Items, (Deviation 2013-O0019) (Jan 2014).

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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 http://sam.gov/

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 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.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph

(b)(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) (Pub. L.

110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 (Jan 2013) (E.O. 13495).

Flow down required in accordance with paragraph (1) of FAR clause 52.222-

17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29

U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov

2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar

2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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)

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998).

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):

http://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

52.252-5 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 Department of Defense Federal

Acquisition Regulation (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

52.252-6 -- Authorized Deviations in Clauses (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 Clause.

(b) The use in this solicitation of any Department of Defense Federal

Acquisition Regulation (DFARS) (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

ADDITIONAL INFORMATION ON INDEMNIFICATION REQUESTS UNDER

CONTRACTS FOR A QUALIFIED ANTI-TERRORISM TECHNOLOGY (NOV 2004)

a. General Information. (1) This contract provides for the delivery of a product, service, technology, or other matter that has been or could be designated by the Department of Homeland

Security (DHS) as a Qualified Anti-Terrorism Technology (QATT) under the Support Anti-

Terrorism by Fostering Effective Technologies (SAFETY) Act, 6 U.S.C. 441-444. The SAFETY

Act defines a QATT as "any product, equipment, service (including support services), device, or technology (including information technology) designed, developed, modified, or procured for the specific purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause." The statute provides sellers of QATTs with significant legal protections against third-party products liability lawsuits.

(2) The SAFETY Act is administered by DHS. The DHS regulations implementing this statute are found at 68 Federal Register 59684 (October 16, 2003) and 6 CFR 25.1-25.9. Additional information about the SAFETY Act is found on the DHS internet site at:

https://www.safetyact.gov. Offerors are encouraged to contact the DHS for additional information about this program, and, in appropriate cases, to submit an application to the DHS requesting that their product, service, or technology be designated as a QATT.

(3) Eligibility for a SAFETY Act designation does not preclude the granting of indemnification under Public Law 85-804. The SAFETY Act's liability protections, however, were designed to https://www.safetyact.gov/ substantially reduce the need for the United States to provide indemnification to the sellers of anti-terrorism technologies.

(4) Executive Order (E.O.) 10789, governing the indemnification process, has been amended to require all Federal agencies, including the Department of the Army, to follow certain procedures to ensure that the potential applicability of the SAFETY Act is considered before any indemnification is granted for an anti-terrorism technology. Section 25(a) of E.O. 10789 provides that indemnification may not be approved with respect to any matter that has been or could be designated by the Secretary of Homeland Security as a QATT, unless, after consideration of the authority provided by the SAFETY Act, there has been a determination that indemnification is necessary for the timely and effective conduct of Unites States military or intelligence activities.

b. Contents of Indemnification Requests. In addition to providing the information required by

Federal Acquisition Regulation 50.403-1, contractors are encouraged to fully explain why indemnification is necessary for the timely and effective conduct of United States military or intelligence activities, in view of the protections available under the SAFETY Act.

5352.223-9001 Health And Safety On Government Installations (Nov 2012)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and

Health Standards (AFOSH) and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the

Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

5352.242-9000 Contractor Access To Air Force Installations (Nov 2012)

(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 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 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.

(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.

AFFARS 5352.201-9101 Ombudsman (April 2014)

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 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, concerned parties may contact Mr.

David E. Jones, HQ AETC/A7K 2035 First Street West Ste 1, Randolph AFB, TX 78150-4304,

(210) 652-7907, fax (210) 652-8344, david.jones9@randolph.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA level, may be brought by the concerned 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 (703) 588-7004, facsimile number

(703) 588-1067.

(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.

WAWF Electronic Invoicing Instructions

All payments are to be paid via the Internet through the Wide Area Work Flow (WAWF) system.

WAWF may be accessed at https://wawf.eb.mil. WAWF training may be accessed online at http://www.wawftraining.com. Payment information may be accessed using the DFAS website at https://www.dfas.mil. Your purchase order/contract number of invoice will be required to inquire on the status of your payment.

https://wawf.eb.mil/ http://www.wawftraining.com/ https://www.dfas.mil/