HQC00424Q0011 Combined Synopsis-Solicitation - Personal Lifts.doc

Defense Commissary Agency (DeCA)

RFQ# HQC00424Q0011

This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This combined synopsis/solicitation number HQC00424Q0011 is issued as a request for quotation (RFQ). This combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04. The combined synopsis/solicitation is being issued as a 100% small business set-aside. The North American Industry Classification (NAICS) code is 333924 with a small business size standard of 900 employees.

Description of Requirement: Deliver personal lifts to the Defense Commissary Agency (DeCA) stores located in CONUS, Alaska, Hawaii, OCONUS and Puerto Rico. The equipment is to provide the store with the capability to change lights, hang banners and perform minor clean up. In support of stores located in the Far East and Puerto Rico, deliveries shall be made to the following ports: Norfolk, VA (MDV/SpartanNash; 1187 Azalea Garden Road; Norfolk, VA 23502) and Stockton, CA (Coastal Pacific Distributors; 1015 Performance Drive; Stockton, CA 95206). The contractor will be responsible for delivering products prepared for an overseas shipment. Delivery is required within 60 days after receipt of delivery order.

This combined synopsis/solicitation is expected to result in the award of an indefinite delivery indefinite quantity (IDIQ) contract. In accordance with FAR 17.202, the award will include option periods.

Period of Performance (POP):

Base Year:

January 8, 2024 - January 7, 2025 Option Year One:

January 8, 2025 - January 7, 2026 Option Year Two:

January 8, 2026 - January 7, 2027 Option Year Three:

January 8 2027 - January 7, 2028 Option Year Four:

January 8 2028 - January 7, 2029 Contract Line Items (CLINs) - See attached Excel Spreadsheet to submit pricing. *Quantities are estimated and will be determined on each delivery order. See attached Excel Spreadsheet. If you are unable to open an Excel spreadsheet, please contact Carla Allen-Pollard (carla.allenpollard@deca.mil) and Kathy Pullen (kathy.pullen@deca.mil) for a copy of the estimated quantities that is in a document compatible to your software.

Installation Access Requirements:

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. Any costs associated with such programs or with obtaining passes, will not be reimbursed separately and should be included in the contractor's proposed pricing for the product or services being acquired.

FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (MAR 2023), applies to this acquisition. See addenda 52.212-1 for additional information.

FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. Award will be made to the responsible quoter whose quote conforms to the combined synopsis/solicitation and is determined to provide the best value to the Government, considering the evaluation factors outlined below.

(i) Technical Capability of the Product

(ii) Past performance

(a) Timeliness of Delivery

(b) Quality of Products

(c) Business Relations

(iii) Price

Technical and past performance, when combined, are approximately equal important to price with the inclusion of FAR 52.212-2(b).

Quoter shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (DEC 2022), with its quote.

FAR 52.212-4, Contract Terms and Conditions-Commercial Items (DEC 2022), is applicable to this acquisition. See addenda 52.212-4 for additional information.

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (JUN 2023), applies to this acquisition.

· 52.203-6 Alt I Restrictions on Subcontractor Sales to The Government (JUN 2020) -- Alternate I (NOV 2021)

· 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)

· 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

· 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2021)

· 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)

· 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)

· 52.219-8 Utilization of Small Business Concerns (OCT 2018)

· 52.219-14 (DEV) Limitations on Subcontracting (Deviation 2020-0008) (SEP 2021)

· 52.219-28 Post-Award Small Business Program Representation (SEP 2021)

· 52.222-3 Convict Labor (JUN 2003)

· 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JAN 2022)

· 52.222-21 Prohibition of Segregated Facilities (APR 2015)

· 52.222-26 Equal Opportunity (SEP 2016)

· 52.222-35 Equal Opportunity for Veterans (JUN 2020)

· 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)

· 52.222-37 Employment Reports on Veterans (JUN 2020)

· 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)

· 52.222-50 Combating Trafficking in Persons (DEC 2021)

· 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)

· 52.225-1 Buy American-Supplies (NOV 2021)

· 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)

· 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (OCT 2018)

· 52.232-36 Payment by Third Party (MAY 2014)

The selected Quoter must comply with the additional contract terms and conditions, which are incorporated herein by reference:

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions

JUN 2020

52.203-3 Gratuities

APR 1984

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

Transactions 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

JAN 2017

Agreements or Statements

52.204-4 Printed or Copied Double-Sided on Postconsumer

MAY 2011

Fiber Content Paper

52.204-7 System for Award Management

OCT 2018

52.204-10 Reporting Executive Compensation and First-Tier

52.204-13 System for Award Management Maintenance

OCT 2018

52.204-19 Incorporation by Reference of Representations and Certifications

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and

NOV 2021

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services—Representation

OCT 2020

52.209-10 Prohibition on Contracting with Inverted Domestic

NOV 2015

Corporations 52.211-17 Delivery Of Excess Quantities

SEP 1989

52.222-62 Paid Sick Leave Under Executive Order 13706

JAN 2017

52.223-3 Hazardous Material Identification and Material Safety Data

JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information

52.223-10 Waste Reduction Program

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—

DEC 2016

Representation

52.225-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

JUN 2020

52.223-20 Aerosols

JUN 2016

52.225-13 Restrictions on Certain Foreign Purchases

FEB 2021

52.232-17 Interest

MAY 2014

52.232-18 Availability of Funds

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

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2021

52.233-3 Protest After Award

AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim

OCT 2004

52.237-1

Site Visit

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

APR 1984

52.242-13 Bankruptcy

JUL 1995

52.244-2

Subcontracts

OCT 2010

52.245-9

Use and Charges

APR 2012

252.201-7000 Contracting Officer’s Representative

SEP 2011

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2011

252.204-7004 Level 1 Antiterrorism Awareness Training for Contractors

FEB 2019

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the

MAY 2019

Government of a Country that is a State Sponsor of Terrorism 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.216-7009 Allowability of Legal Costs Incurred in Connection with a

SEP 2013

Whistleblower Proceeding

252.223-7008 Prohibition of Hexavalent Chromium

JUN 2013

252.225-7001 Buy American Act and Balance of Payments Program

MAR 2022

252.225-7002 Qualifying Country Sources as Subcontractors

MAR 2022

252.225-7012 Preference for Certain Domestic Commodities

APR 2022

252.225-7048 Export-Controlled Items

JUN 2013

252.232-7010 Levies on Contract Payments

DEC 2006

252.239-7001 Information Assurance Contractor Training and Certification

JAN 2008

252.243-7001 Pricing of Contract Modifications

DEC 1991

252.243-7002 Requests for Equitable Adjustment

DEC 2012

252.244-7000 Subcontracts for Commercial Items

JUN 2021

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property

APR 2012

252.245-7002 Reporting Loss of Government Property

252.245-7003 Contractor Property Management System Administration

252.245-7004 Reporting, Reutilization and Disposal

252.247-7022 Representation of Extent of Transportation By Sea

JUN 2019

252.247-7023 Transportation of Supplies by Sea

FEB 2019

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

Quoter shall include a completed copy of the provision at 52.204-20, Predecessor of Offeror (AUG 2020), with its quote.

Quoter shall include a completed copy of the provision at 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021), with its quote.

Quoter shall include a completed copy of the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation (OCT 2020), with its quote.

Quoter shall include a completed copy of the provision at 52.209-7, Information Regarding Responsibility Matters (OCT 2018), with its quote.

Quoter shall include a completed copy of the provision at 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016), with its quote.

Quoter shall include a completed copy of the provision at 52.219-28, Post-Award Small Business Program Representation (Sep 2021), with its quote.

Quoter shall include a completed copy of the provision at 52.225-18, Place of Manufacture (AUG 2018), with its quote.

Quoter shall include a completed copy of the provision at 252.225-7000, Buy American—Balance of Payments Program Certificate--Basic (NOV 2014), with its quote.

52.216-18 Ordering (AUG 2020)

November 1, 2023 – October 31, 2028 52.216-19 Ordering Limitations (OCT 1995)

· Minimum Order: Quantity 1

· Maximum Order:

Any order for a single item in excess of 1;

Any order for a combination of items in excess of 5;

A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitations in paragraph (b)(1) or (2) of this combined synopsis/solicitation of this section.

· Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 Indefinite Quantity (OCT 1995)

· Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after October 31, 2028.

52.217-8 Option to Extend Services (NOV 1999)

· The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

· The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

· If the Government exercises this option, the extended contract shall be considered to include this option clause.

· The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.233-2 Service of Protest (SEP 2006)

· (a) Defense Commissary Agency (DeCA)

ATTN: CCQS

1300 Eisenhower Avenue

Fort Gregg-Adams, Virginia 23801-1800

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

52.251-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

· https://www.acquistion.gov/far

· https://www.acquistion.gov/dfars 52.252-2 Solicitation Clauses Incorporated by Reference (FEB 1998)

· https://www.acquistion.gov/far

· https://www.acquistion.gov/dfars 52.252-6 Authorized Deviations in Clauses (NOV 2020)

· (b) Defense Acquisition Regulations System, Department of Defense (48 CFR Chapter 2)

252.232-7006 Wide Area Workflow Payment Instructions (DEC 2018)

· Invoice and Receiving Report (Combo)

· WAWF point of contact. The Contractor may obtain clarification regarding invoicing in WAWF.

· Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Routing Data Table*

The complete text of any the provisions and clauses may be accessed electronically at www.acquisition.gov/FAR.

Addenda to clauses or provisions

52.212-1 Addendum

ADDENDUM to FAR 52.212-1

INSTRUCTIONS TO OFFERORS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

The following information is changed/added to FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services.

(c) The period for acceptance of offers is changed to 90 days.

52.212-4 Addendum

ADDENDUM to FAR 52.212-4

TERMS AND CONDITIONS - COMMERCIAL ITEMS

The following paragraphs have been changed/added to FAR 52.212-4 Terms and Conditions – Commercial Items.

(c) Changes: Administrative Modifications-

The government may issue unilateral written modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address or changes to the accounting and appropriation data. Contract modifications will be issued and accessed through the Electronic Document Access System (EDA) via Procurement Integrated Enterprise Environment (PIEE) https://wawf.eb.mil/piee-land. Contractors must complete the on-line registration available at the website in order to retrieve documents displayed there.

IMPORTANT INFORMATION FREEDOM OF INFORMATION ACT (FOIA)

SOLICITATION AND CONTRACTS FOIA AND

POSTING NOTICE

Any award(s) resulting from issuance of this solicitation or quote may be posted in the DeCA Freedom of Information Act (FOIA) electronic reading room at www.commissaries.com. The posting will contain the total contract award amount, as well as any awarded individual contract line item pricing (CLIN and Sub-CLIN). Unexercised option prices will not be published.

In compliance with the provisions of Executive Order 12600, the contract holder may identify to the agency FOIA Officer (foia@deca.mil), within 21 calendar days of the contract award date, any information contained in the contract that it deems to be confidential commercial information. The FOIA officer will review the submission and contact the contract holder with a decision. Failure to identify any such information will be interpreted by the Agency as the contract holder having no such information to identify or withhold from posting in the FOIA electronic reading room.

The postings typically take place at a minimum of two distinct points; upon the initial award of the contract and then again after the final option period has been exercised. However, should a FOIA request for the contract be received in the interim, the contract may be reposted including any awarded contract pricing up to the date of the FOIA request. Unexercised option prices will not be published.

This action is being taken to ensure contract award information is available to the general public, as it was in the past, pursuant to the President’s January 21, 2009 memorandum regarding the Freedom of Information Act

(FOIA).

In accordance with (IAW) FAR 12.603(c)(2)(xiv) requirement, the Defense Priorities and Allocations System (DPAS) is not applicable to this solicitation.

The completed solicitation package must be returned no later than 4:00 p.m. Eastern Standard Time on December 14, 2023.

Vendors shall submit quotes via email to Carla Allen Pollard, Contract Specialist and Kathy Pullen, Contracting Officer via email to carla.allenpollard@deca.mil and kathy.pullen@deca.mil. No fax, hand delivered, or mail-in quotes will be accepted. Quotes MUST be good for 90 calendar days after close.

Please ensure all information requested is included. Information will be posted to Contract Opportunities: https://sam.gov/content/opportunities. All future information about this acquisition, including amendments, and cancellations will also be distributed through this site. Interested parties are responsible for monitoring this site to ensure they have the most up-to-date information about this solicitation.

Questions pertaining to this combined synopsis/solicitation be directed to Carla Allen Pollard and Kathy Pullen via email to carla.allenpollard@deca.mil and kathy.pullen@deca.mil. Question(s) must be received by 10:00 AM EST on December 12, 2023.

Attachments:

Commissary Equipment Description (CED) 1R15-A - Personal Lifts Excel Pricing Spreadsheet