FA7000-11-P-0019 SOLICITATION.pdf
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10 CONS - FA7000
ATTN: MICHELLE DESMARAIS
8110 INDUSTRIAL DRIVE, STE 200
LGCB
USAF ACADEMY CO 80840-2315
719-333-2965
719-333-9103
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
FA7000-11-T-0019 02-Feb-2011
b. TELEPHONE NUMBER
719-333-2965
8. OFFER DUE DATE/LOCAL TIME
01:00 PM 14 Feb 2011
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX: NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
FA7000
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE FX7000 16. ADMINISTERED BY
10 MSG LGRMC - FX7000
MITCHELL HALL ANNEX, BLDG 2351
USAF ACADEMY CO 80840
TEL: 719-333-3017 FAX:
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
MICHELLE DESMARAIS
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
314129
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: 100 % FOR
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
SEE SCHEDULE
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
TEL: EMAIL:
1 COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
X
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
FA7000-11-T-0019
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1,375 Each Fleece Blankets
FFP
Fleece Blankets IAW USAFA PD 18-4, dated 9 Feb 2007 (See Attachment 1).
FOB: Destination
PURCHASE REQUEST NUMBER: FX70000285A001
SIGNAL CODE: A
NET AMT
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0002 1,400 Each Comforter
FFP
Comforter (Gold Trim) IAW USAFA CU 175 dated 15 Jan 2008 (See Attachement
2).
FOB: Destination
PURCHASE REQUEST NUMBER: FX70000285A002
SIGNAL CODE: A
NET AMT
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 10-JUN-2011 1,375 10 MSG LGRMC - FX7000
MITCHELL HALL ANNEX, BLDG 2351
USAF ACADEMY CO 80840
719-333-3017
FOB: Destination
FX7000
0002 10-JUN-2011 1,400 (SAME AS PREVIOUS LOCATION)
FOB: Destination
FX7000
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items JUN 2010
ADDENDUM 52.212-4
1. FIRST ARTICLE.
The requirement for the first article approval may be waived for those items that are identical or similar to those called for that have been previously furnished by the offeror to the USAF Academy within the past three years and have been accepted by the Government. A request for waiver shall be submitted with their quote, if applicable.
2. HOURS OF DELIVERY.
Delivery of items under this contract shall be accomplished between the hours of 7:30 A.M. and 3:30 P.M., Monday through Friday, accept as otherwise specified in the contract. No deliveries are to be made on Saturdays, Sundays or
Legal Federal Holidays.
3. FEDERAL AND LEGAL HOLIDAYS.
New Year's Eve 31 December
New Year's Day 1 January
Martin Luther King's Birthday Third Monday in January
Washington's Birthday (President's Day) Third Monday in February
Memorial Day Last Monday in May
American Independence Day 4 July
Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran's Day 11 November
Thanksgiving Day Fourth Thursday in November
Christmas Eve 24 December
Christmas Day 25 December
NOTE: If the days listed above fall on a Saturday or Sunday, Government personnel may be off work either the
Friday before, or the Monday after the holiday. Contact the Contracting Office prior to delivery to ensure personnel will be available for receiving purposes.
4. PACKAGING AND MARKING.
a. Shipping Carton Markings. Shipping carton(s) shall be marked to indicate the title of the contract (i.e., fleece blankets and reversible comforters), the contract number, contractor’s name and the NSN. Each carton shall be
―MARKED FOR‖: FX7000.
b. The polyester fleece blankets and the comforters shall be neatly folded and individually packaged in plastic bags, 1 each per bag.
c. Shipping Carton Markings: Shipping carton(s) shall be marked to indicate the title of the contract (i.e. polyester fleece blankets or reversible comforters), the contract number, and contractor’s name and the national stock number
(NSN). Each carton shall be ―MARKED FOR‖: FX7000 and each carton shall have the shipping address.
d. Packing Lists: A packing list shall be placed within box one of all shipments under this contract. The packing list shall clearly identify the total contents of the shipment, and shall break down the contents of e ach numbered box.
e. Preservation and packaging shall be in accordance with common commercial standards.
5. BAR CODES
a. An adhesive label of regular commercial quality, reflecting the Cadet Issue Division stock number, size, and a brief description in either code 39 or UPC Bar code, shall be affixed to each individual package and on each shipping carton. If it should become necessary to mix sizes within the shipping carton, bar codes labels for each blanket/comforter shall be affixed to that shipping carton.
b. A sample bar code label for a blanket and comforter shall be submitted for the Contracting Officer approval within
10 calendar days. The stock number is:
7210L900056700, Blanket, Gold 7210L9000757000, Comforter and color trim, Gold
The sample bar code is attached (Attachment 3)
Submittals shall be made within 10 calendar days from date of award to:
10 CONS/LGCB
Attn: Contracting Officer
8110 Industrial Drive, Suite 200
USAF Academy, CO 80840
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
JUL 2010
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
DEC 2010
52.219-6 Notice Of Total Small Business Set-Aside JUN 2003
52.219-28 Post-Award Small Business Program Rerepresentation APR 2009
52.222-3 Convict Labor JUN 2003
52.222-19 Child Labor -- Cooperation with Authorities and Remedies JUL 2010
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-36 Affirmative Action For Workers With Disabilities OCT 2010
52.222-50 Combating Trafficking in Persons FEB 2009
52.223-18 Contractor Policy to Ban Text Messaging While Driving SEP 2010
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.232-33 Payment by Electronic Funds Transfer--Central Contractor
Registration
OCT 2003
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
JAN 2009
252.225-7001 Buy American Act And Balance Of Payments Program JAN 2009
252.225-7002 Qualifying Country Sources As Subcontractors APR 2003
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
MAR 2008
252.232-7010 Levies on Contract Payments DEC 2006
CLAUSES INCORPORATED BY FULL TEXT
52.209-4 FIRST ARTICLE APPROVAL--GOVERNMENT TESTING (SEP 1989) - ALTERNATE I (JAN
1997)
(Contracting Officer shall insert details)
(a) The Contractor shall deliver 1 each of line item 0001 and 0002 within 20 calendar days from the date of this contract to the Government at 10 th
Contracting Squadron, 10CONS/LGCB, Attn: Contracting Officer, 8110
Industrial Drive, Suite 200, USAF Academy, CO 80840 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.
(b) Within 5 calendar days after the Government receives the first article, the Contracting Officer shall notify the
Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.
(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The
Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The
Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.
(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.
(e) Unless otherwise provided in the contract, the Contractor--
(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and
(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.
(f) If the Government does not act within the time specified in paragraphs (b) or (c) of this clause, the Contracting
Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.
(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.
(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.
(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.
(j) The Contractor shall produce both the first article and the production quantity at the same facility.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2010) (DEVIATION)
(a) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (a) if the 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.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to the 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 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)(i) 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 (May 2004) (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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) Reserved.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible
Veterans (SEP 2006) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).
(vii) Reserved.
(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 (JAN 2009).
(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.
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/
252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2010)
(DEVIATION)
(a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement
Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (JUL 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:
252.237-7019 Training for Contractor Personnel Interacting with Detainees (SEP
2006) (Section 1092 of Pub. L. 108-375).
252.247-7003 Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost
Bearer (JUL 2009) (Section 884 of Public Law 110-417)
252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631)
252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10
U.S.C. 2631)
5352.201-9101 OMBUDSMAN (APR 10)
(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 the USAF Academy
Ombudsmen, Kim Diercks
8110 Industrial Drive, Ste 103
USAFA, CO 80840
Telephone number 719-333-2074
FAX 719-333-9018
email: kim.diercks@usafa.af.mil
Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU 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.
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUG 07)
(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 police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and (refer to USAFA A-01 Contractor Access to USAFA Instruction) 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 [insert any additional requirements to comply with AFI 31-101, Volume 1, The Air Force Installation
Security Program, and AFI 31-501, Personnel Security Program Management,] citing the appropriate paragraphs as applicable.
(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.
ATTACHMENTS
ATTACHMENTS
1. USAFA PD 18-4 Blanket (4 Pages)
2. USAFA CU 175 Comforter (8 Pages)
3. Bar Code Sample (1 Page)
4. Paste Performance Survey (4 Pages)
52.212-1 Instructions to Offerors--Commercial Items JUN 2008
ADDENDUM TO 52.212-1
THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY
REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY
REFERENCE.
52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (Jun 2008)
Addendum to 52.212-1(b), Submission of Offers. Submit signed and dated offers to 10 CONS/LGCB, Michelle
Desmarais, Contract Specialist, at michelle.desmarais@usafa.af.mil or in my absence, Diana Myles-South, Contracting Officer, diana.myles-south@usafa.af.mil. Offers must be submitted by the date and time specified in blocks 6 and 8 on the SF 1449, and as specified below in Part II – Past Performance Information, paragraph (2)(f).
Vendors/Customers filling out the surveys should e-mail them to michelle.desmarais@usafa.af.mil or in my absence, Diana Myles-South at diana.myles-south@usafa.af.mil.
Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: ―The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.‖
Addendum to FAR 52.212-1(h) Multiple Awards is amended as follows: the government will award a contract on an ―all or none‖ basis, multiple awards will not be contemplated.
52.212-1 PROPOSAL PREPARATION INSTRUCTIONS:
a. To assure timely and equitable evaluation of the proposal, the offeror must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separate parts; Part I - Price Proposal and
Part II - Past Performance Information.
b. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested.
However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer todetermine the reasonableness and affordability of the price.
c. All proposals will be ranked by price.
d. If the lowest priced evaluated offer is judged to have a ―Substantial Confidence‖ performance rating, that offer represents the best value for the government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offerors.
e. Specific Instructions:
1. PART I - PRICE PROPOSAL - Submit original copy
a. Complete blocks 12, 17a, 19, 20, 21, 22, 23, 24, 30(a) (b) and (c) of the SF1449.
b. Insert proposed UNIT and EXTENDED prices in the Pricing Schedule. The extended amount must equal the whole dollar unit price multiplied by the number of units.
c. Either complete Representations and Certifications in ORCA at https://orca.bpn.gov or the necessary fill-ins and certifications in provisions FAR 52.212-3 and its Alt I within this solicitation and shall be completed in hard copy and returned along with the contractor’s quote.
d. Complete the necessary fill-in at DFARS 252.225-7000; Buy American Act – Balance of Payment program
Certificate within this solicitation.
e. Past Performance Survey (See Attachment 4)
f. Provide a written statement that the offeror’s proposal incorporates all amendments to the solicitation (if applicable).
g. Delivery Requirement: FOB for this RFQ is destination. Proposal received with FOB other than ―Destination‖ will not be considered.
2. PART II- PAST PERFORMANCE INFORMATION – Present and Past Performance information will be used to determine acceptable performance of the services proposed. Only references for same or similar type contracts are desired. Submit an original copy.
a. Quality and Satisfaction Rating for Contracts Completed in the Past Three Years: Provide information currently available (letters, metrics, customer surveys, independent surveys, etc.) which demonstrates customer satisfaction with overall job performance and quality of completed product for same or similar type contract. In addition, explain corrective actions taken in the past, if any, for substandard performance and any current performance problems such as cost overruns, extended performance periods, numerous warranty calls, etc.
b. Past Performance Information: The government will evaluate the quality and extent of an offeror’s performance deemed relevant to the requirements of this solicitation. The government will use information submitted by the offeror and other sources such as other Federal government offices and commercial sources, to assess performance.
Provide a list of no more than five (5) references of the most relevant contracts performed for commercial customers, Federal agencies, or other military organizations that have used, or are currently using the same or similar service proposed for this contract. Relevancy is defined as:
RELEVANT - Present/Past performance effort involved much of the same or similar manufacturing of comforters, blankets or similar in type as defined in the specifications with the same or similar scope, magnitude, and complexity this solicitation requires.
SOMEWHAT RELEVANT – Present/Past performance effort involved some of the same or similar manufacturing of comforters, blankets or similar in type as defined in the specifications with the same or similar scope, magnitude, and complexity this solicitation requires.
NOT RELEVANT - Present/Past performance effort did not involve any of the magnitude of effort and complexities this solicitation requires.
If a teaming arrangement is contemplated, identify the work the subcontractor will be performing if you are relying on the subcontractor’s past performance.
c. Subcontractor Consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the proposal a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime contractor.
The evaluation of past performance information will take into account past performance information regarding key personnel who have relevant experience or subcontractors that will perform major critical aspects of the requirementwhen such information is relevant to the instant acquisition. Contracts older than three years will not be considered.
Furnish the following information for each reference:
(i) Company/Division name
(ii) Services provided
(iii) Contracting Agency/Customer
(iv) Contract Number
(v) Contract Dollar Value
(vi) Period of Performance
(vii) Verified up-to-date name, address, email address, FAX and telephone number(s) for each company Point of Contact.
(viii) Comments regarding compliance with contract terms and conditions
(ix) Comments regarding any known performance deemed unacceptable to the customer, or not in accordance with the contract terms and conditions.
d. Completed performance surveys are not to be reviewed by the offeror. ONCE THE SURVEY IS
COMPLETED, IT IS CONSIDERED FOR OFFICIAL USE ONLY, and is only viewed by Government personnel directly involved in the evaluation process for this acquisition.
e. Contracts provided must be recent, meaning services performed or completed in the past three years.
f. Past performance reference information shall be submitted separately from the cost proposal. This information is due no later than closing date specified in blocks 6 and 8 on the SF 1449. Send to 10 CONS/LGCB, Attn:
Michelle Desmarais, Contract Specialist, 8110 Industrial Drive, Suite 200, USAF Academy CO 80840-2315.
Surveys may be faxed or e-mail to the attention of Michelle Desmarais, Contract Specialist or Diana Myles-South , Contracting Officer at (719) 333-9103 or e-mail to diana.myles-south@usafa.af..mil or michelle.desmarais@usafa.af.mil.
52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
Past Performance (Past Performance is significantly more important than price).
Paragraph (b) and (c) below do not apply for this acquisition.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.
Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
ADDENDUM TO 52.212-2
BASIS FOR CONTRACT AWARD: This is a competitive best value source selection in accordance with FAR
Parts 12 and 13 in which competing offerors’ past performance history will be evaluated on a basis significantly more important than cost or price considerations. By submission of its offer in accordance with the instructions provided in clause FAR 52.212-1, Instructions to Offerors, the offeror accedes to all solicitation requirements, including terms and conditions, and representations and certifications, in addition to those identified as evaluation factors. All offerors will be treated equally except for their prices and performance records. This award will result in a Firm-fixed Price the terms of the model contract and all such offers shall be treated equally except for their prices and performance records. The evaluation process shall proceed as follows:
a. Price Evaluation. Initially, offers shall be ranked according to price, including any option prices if applicable.
An offeror’s proposed prices will be determined by multiplying the quantity by the contractor’s proposed unit price to confirm the extended amount for each contract line item (CLIN). The price evaluation will document the reasonableness and affordability of the proposed total evaluated price.
b. Using questionnaires, the contracting officer shall seek relevant performance information based on (1) the past and present efforts provided by the offeror and (2) data independently obtained from other government and commercial sources. Relevant performance includes performances of efforts involving manufacturing of comforter or blankets that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation. The government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receives a ―Substantial Confidence‖ performance assessment rating. The purpose of the past performance evaluation is to allow the government to assess the offeror’s ability to perform the effort described in the solicitation, based on the offeror’s demonstrated present and past performance.
c. The assessment process will result in an overall performance confidence assessment rating of Substantial
Confidence, Satisfactory Confidence, Limited Confidence, No Confidence or Unknown Confidence as defined in
AFFARS Mandatory Procedures 5315.3, Table 3 and shown below. Offerors with no relevant or recent past or present performance history shall receive the rating ―Unknown Confidence,‖ meaning the rating is treated neither favorably nor unfavorably. Confidence ratings are defined as follows:
SUBSTANTIAL CONFIDENCE: Based on the offeror’s performance record, the government has a high expectation that the offeror will successfully perform the required effort.
SATISFACTORY CONFIDENCE: Based on the offeror’s performance record, the government has an expectation that the offeror will successfully perform the required effort.
LIMITED CONFIDENCE: Based on the offeror’s performance record, the government has a low expectation that the offeror will successfully perform the required effort.
NO CONFIDENCE: Based on the offeror’s performance record, the government has no expectation that the offeror will be able to successfully perform the required effort.
UNKNOWN CONFIDENCE: No performance record is identifiable or the offeror’s performance record is limited that no confidence assessment rating can be reasonably assigned.
d. Past performance regarding predecessor companies, key personnel who have relevant experience or subcontractorsthat will perform major or critical aspects of the requirement will not be considered as highly as past performance information from the principal offeror. Offerors with no relevant past or present performance history or the offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating "Unknown Confidence,‖ meaning the rating is treated neither favorably nor unfavorably. If the prime contractor has no past performance and is relying on their subcontractor's past performance, the prime contractor will be assessed an unknown confidence rating and, depending on the past performance information on the subcontractor, their past performance will be assessed as defined in AFFARS Mandatory Procedures 5315.3, Table 3 (shown above) and then the two ratings will be combined.
e. A relevancy determination of the offeror’s present and past performance, including joint ventures, subcontractors and/or teaming partners will be made. In determining relevance for individual contract, consideration will be given to the effort, or portion of the effort, being proposed by the offeror, teaming partner, or subcontractor whose contract is being reviewed and evaluated. Relevance will be assessed for contracts that are most similar to the effort, or portion of the effort, for which that contractor is being proposed, and may contribute to an overall higher relevancy determination for the offeror. The Government is not bound by the offeror’s opinion of relevance. The following relevancy definitions are:
RELEVANT - Present/Past performance effort involved much of the same or similar manufacturing of comforter, blankets or similar in type as defined in the specifications with the same or similar scope, magnitude, and complexity this solicitation requires.
SOMEWHAT RELEVANT – Present/Past performance effort involved some of the same or similar manufacturing of comforter, blankets or similar in type as defined in the specifications with the same or similar scope, magnitude, and complexity this solicitation requires.
NOT RELEVANT - Present/Past performance effort did not involve any of the magnitude of effort and complexities this solicitation requires.
f. In evaluating past performance, the government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.
g. If the lowest priced evaluated offer is judged to have a ―Substantial Confidence‖ performance rating that offer represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.
h. If the lowest priced offeror is not judged to have a ―Substantial Confidence‖ performance assessment, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a ―Substantial Confidence‖ performance assessment or until all offerors are evaluated. In that event, the
Source Selection Authority shall make an integrated assessment best value award decision.
i. Offerors are cautioned to submit sufficient information and in the format specified in the proposals preparation instructions. Offerors may be asked to clarify certain aspects of their proposal or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system.
Communication conducted to resolve minor or clerical errors would not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.
j. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.
(End of Addendum)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2011)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.
(a) Definitions. As used in this provision --
"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.
"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 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).
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 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.
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;
and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least
51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.
(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR
4.1201), except for paragraphs ----------.
(Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United
States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ) is, (
) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.
Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.
(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on…
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