12-T-0010 RFQ.pdf

HQ0236-12-T-0010

Projectors

This is a combined synopsis/solicitation for Commercial Items in accordance with the format prescribed in Subpart 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are requested and a written solicitation will not be issued. The solicitation is being issued as a Request for Quote (RFQ); solicitation number is HQ0236- 12-T-0010, and a firm fixed price contract is contemplated. All responsible sources may submit a quote which shall be considered by the agency.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-56, Effective 15 Mar 2012.

IAW the Brand Name Justification (Attached), the solicited material is restricted to PROJECTION DESIGN

EQUIPMENT.

The George C. Marshall Center (GCMC) in Garmisch-Partenkirchen, Germany has a requirement to procure the following:

Schedule of Supplies and Services:

CLIN 0001: Projection Equipment IAW Exhibit A below. Please enter unit prices and extended prices directly in Exhibit A:

ELIN Service/Supply QTY Unit Unit Price Amount A001 Projection Design F32 SX+ high brightness rear screen projectors. NO LENSES

REQUIRED.

5 Ea.

ALL

POWERED

COMPONENTS

MUST BE 220V

INSPECTION/ACCEPTANCE.

All inspection/acceptance activities will be performed by the Government at the Government site.

DELIVERY.

SHIP TO: All items ordered under this contract shall be delivered to:

George C. Marshall Center VID

Attn: Jim Mitchell, Bldg 105

Gernackerstrasse 2

82467 Garmisch-Partenkirchen Germany

SUBMISSION REQUIREMENTS.

Quotes must be submitted no later than 1700 Central European Time, Wednesday, 18 April 2012, to Benjamin Hardy at Benjamin.n.hardy@marshallcenter.org, +49 (08821) 750-2326 and Glenn Caruso at carusog@marshallcenter.ogr, +49 (0) 8821-750-2218.

This is a Lowest Price Technically Acceptable (LPTA) requirement. Award will be made to the responsible quoter who provides the lowest priced technically acceptable quote. A quote will be determined technically acceptable if it includes all Projection Design equipment specified in Exhibit A. Quoted prices will be evaluated for reasonableness based on the sum of all ELINs solicited in Exhibit A.

Quoters shall return a completed copy of the Representations and Certifications at FAR 52.212-3 ALT I with the price quote.

The provision at 52.212-3, Offeror Representations and Certifications – Commercial Items, ALT I applies to this acquisition.

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

ADDITIONAL CLAUSES INCORPORATED BY REFERENCE.

52.225-13 Restrictions on Certain Foreign Purchases

52.225-14 Inconsistency Between English Version And Translation Of Contract

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

252.201-7000 Contracting Officer’s Representative

252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country

252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Deviation)

252.222-7002 Compliance With Local Labor Laws (Overseas) mailto:Benjamin.n.hardy@marshallcenter.org� mailto:carusog@marshallcenter.ogr�

252.225-7041 Correspondence in English

252.225-7042 Authorization to Perform

252.229-7000 Invoices Exclusive of Taxes or Duties

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7008 Assignment of Claims (Overseas)

252.233-7001 Choice of Law (Overseas)

ADDITIONAL CLAUSES - FULL TEXT.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (Mar 2012) (DEVIATION)

(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 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)(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)).

(iii) 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

(iv) [Reserved]

(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 (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.

52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using http://www.xe.com in effect as follows:

(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b) For acquisitions conducted using negotiation procedures--

(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

GCMC, Contracting Division

Attn: Sonnya Acuff, Chief

Gernackerstrasse 2

82467, Garmisch Partenkirchen, Germany

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

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://www.acqnet.gov/far http://www.farsitehill.af.mil http://www.dtic.mil/dfars http://www.dtic.mil/dfars�

252.229-7001 TAX RELIEF (JUNE 1997) - ALTERNATE I (JUNE 1997)

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

NAME OF TAX: (Mehrwertsteuer ) RATE (PERCENTAGE): (19%)

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes.

The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of

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

CCE 232-4001 FOREIGN VENDORS REQUESTING PAYMENT VIA ELECTRONIC FUNDS TRANSFER

(March 2005)

Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized.

- SWIFT CODE

- BLZ or BANK ROUTING NUMBER

- ACCOUNT NUMBER

- BANK NAME

- International Bank Account Number (IBAN)(if applicable): ___________________________

CCE 239-4000 ELECTROMAGNETIC COMPATIBILITY DIRECTIVE (GERMANY) (March 2005)

The Contractor certifies that all electrical and electronic equipment and/or appliances furnished are in compliance with the Electromagnetic Compatibility Directive 89/336/EEC. For radio transmitting and telecommunication devices furnished in the Federal Republic of Germany, the Contractor certifies that all such items have been approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

INVOICING PROCEDURES.

Upon receipt of all items ordered under this contract, the Contractor is authorized to submit an electronic invoice to the POC serving as the Billing Office at the following address. Payment will be authorized upon receipt of a proper invoice, provided there is no disagreement with the COR over quantity, quality, or Contractor compliance with contract requirements.

George C. Marshall Center

GCMC-VID, Attn: Jim Mitchell

Gernackerstr. 2, Bldg. 105, 82467 Garmisch-Partenkirchen

E-mail: MitchellJ@marshallcenter.org

Phone: +49 (08821) 750-2879

The Invoice must contain the information in FAR 52.212-4, paragraph (g).

Sample Invoice Information

Contractor Name, address and telephone number

Shipping Number and Date of Shipment (if applicable)

Terms of any discount for prompt payments

Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

Invoice

Invoice No: 123456789

Contract No. HQ0236-12-P-XXXX

Call No: XXXX

Invoice Date: day month year

CLIN Description QTY Unit Unit Price Extended Price

0001 XXXX 1 XX X.XX XXX.XX

mailto:MitchellJ@marshallcenter.org�

(additional invoiced items)

Invoice Total XXX.XX

Electronic Funds Transfer

(EFT Request) Provide:

• SWIFT CODE

• BLZ or BANK

ROUTING

NUMBER

• ACCOUNT

NUMBER

• BANK NAME

• International

Bank Account Number (IBAN) (If Applicable)

The POC will date and time stamp all invoices immediately upon their receipt, coordinate with the COR to verify and certify that supplies or services have been provided in accordance with the terms and conditions of this contract, verify correctly completed invoices, and, by the 5th working day after Government acceptance or approval, forward the proper invoice/receiving report to the disbursing finance office at:

If the invoice is incorrect or incomplete, the POC will identify defects in writing on the invoice and return it to the Contractor for correction within 7 days after receipt. However, if the invoice is incorrect due to deficiencies in performance which cannot be rectified through coordination with the contractor or subject to assessment of deductions, the POC will forward the invoice together with the COR’s inspection findings relative to delayed, defective, or unacceptable work or contractor performance to the Contracting Officer for action.

If your remittance address for payment is different than the address as stipulated in your contract, this must be stated in your invoice. Further, to expedite payment, Electronic Funds Transfer (EFT) is the quickest and most secure method in getting paid. Your banking information, i.e. name of bank, bank routing number, and account number, should be stated. If you are billing in U.S. Dollars, and you reside overseas, your bank must have a partnering (sponsor) bank in the U.S. This must be stated, and the banking information for the sponsor bank must be listed. For invoices submitted in Euros, where your bank is outside of a Eurozone country, your bank must have a partnering (sponsor) bank in a Eurozone country, and this information must be listed on the invoice.