HSFE70-13-R-0060_RFQ.pdf

This is a combined synopsis/solicitation for commercial items 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; proposals are being requested and a written solicitation will not be issued.

HSFE70-13-Q-0060 is being issued as a Request for Quotes (RFQ). HSFE70-13-Q-0060 and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-

68. This requirement is being solicited as a Total Small Business Set-Aside using Simplified Acquisition Procedures per FAR subpart 13. The small business standard for NAICS 312112 is 500 employees. This requirement is for a firm-fixed price contract. Award will be based on the lowest price technically acceptable.

Responses to the combined synopsis/solicitation due date is 1:00 PM EST 16 JULY 2013.

Responses should be emailed to Amanda.Rogers@fema.dhs.gov .

Questions in response to this combined synopsis/solicitation are due at 12:00 PM EST 09 JULY 2013. Questions should be e-mailed to Amanda.Rogers@fema.dhs.gov.

FEMA is requesting 428,322 Liters of Extended Shelf Life Water as outlined below.

DESCRIPTION OF WORK

Quotes must meet ALL of the following requirements:

• Product Standards: Acceptable types of water are “purified” and “spring” water as defined in 21 CFR § 165.110. All water shall be of domestic origin. All water shall be produced, packaged, labeled, transported, stored and handled in accordance with Title 21, Code of Federal Regulations, Parts 101, 110, 129 and 165 and all other applicable Federal, state, and local laws and regulations. The water shall expire no sooner than 60 months from the date of delivery.

• Primary Container: The water shall be packaged in a 1-liter re-closable and biodegradable packaging (box, pouch or similar biodegradable package) suitable for water consumption. The container shall not contain any sharp edges that could possibly injure the user. Contractor shall submit a brochure of picture of their proposed product.

• Packaging of Shipping Cases: Water shall be packed in the contractor’s standard commercial casing, which shall be shipped on industry standard size pallets (48 inches by 40 inches, 4-way). Pallets of water shall be fully covered on all sides (excluding the top and bottom) with a minimum of (10) layer of stretch-wrap. The stretch wrap shall extend over the top of the packaged product by a minimum of six inches. Additional cardboard support should be placed between each level to prevent sagging. Material shall be stacked so the total height of each pallet and material does not exceed 55 inches. Pallets shall be hardwood and designed for pickup from all four sides. The Contractor shall ensure that mailto:Amanda.Rogers@fema.dhs.gov mailto:Amanda.Rogers@fema.dhs.gov the liters of water are packaged to withstand such handling as well as severe climatic conditions.

• Contractor shall be able to track the shipments from origin to destination by using a satellite tracking system or equivalent method to provide immediate location.

• Contractor shall provide a proposed delivery schedule. (Point of Contact information for locations will be provided after award)

• Contractor must be able to meet the required delivery date of 23 August 2012 for all locations.

SHIPPING/DELIVERY INSTRUCTIONS:

The liters of water will be shipped to the below FEMA designated location(s) by 23 August 2013:

FEMA DC Caribbean San Juan Industrial Park PR#1, KM 25.1, Quebrada Arenas Ward Caguas, PR 00725

(185,173 LITERS)

FEMA DC Hawaii 99-1269 Iwaena St Aiea, HI 96701

(77,149 LITERS)

FEMA DC Guam Bldg 100 Barrigada, GU 96913

(166,000 LITERS)

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and affect 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 https://www.acquistion.gov

FAR 52.212-4, Contract Terms and Conditions- Commercial Items (JUN 2013) applies FAR 52.204-99, System for Award Management Registration (DEVIATION) (AUG 2012) FAR 52.232-99, Providing Payment to Small Business Subcontractor ( https://www.acquistion.gov/

FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011)

FAR 52.212.4 Contract Terms and Conditions-Commercial Items (JUN 2013)

ADDENDUM

FAR 52.207-4 Economic Purchase Quantity -- Supplies (Aug. 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.

(a) Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items.

An economic purchase quantity is that quantity at which a significant price break occurs.

If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

ITEM QUANTITY PRICE

QUOTATION

TOTAL

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government’s requirements indicate that different quantities should be acquired.

HSAR 3052.212-70 CONTRACT TERMS AND CONDITIONS APPLICABLE TO DHS

ACQUISITION OF COMMERCIAL ITEMS (SEP 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

HSAR 3052.205-70, Advertisement, Publicizing Awards, and Releases HSAR 3052.242-72, Contracting Officer’s Technical Representative HSAR 3052.247-72, F.O.B. Destination Only

HSAR 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE

EXPATRIATES (JUN 2006)

(a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity.

The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and

(5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The offeror under this solicitation represents that [Check one]:

__ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or

__ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of Addendum)

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (JAN 2013) applies.

The following FAR Clauses are applicable:

FAR 52.204-10 ,Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractor’s Debarred, Suspended, or Proposed for Debarment (DEC 2010)

FAR 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161) FAR 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) FAR 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) FAR 52.222-3, Convict Labor (JUN 2003) (E.O. 11755) FAR 52.222-19, Child Labor- Cooperating with Authorities and Remedies (MAR 2012) (E.O.

13126) FAR 52.222-21, Prohibition of Segregated Facilities (FEB 199) FAR 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246) FAR 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496) FAR 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)) FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (AUG 2011) FAR 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d) FAR 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury) FAR 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran- Certification

(SEP 2010)

FAR 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (OCT.

2003) (31 U.S.C. 3332) FAR 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553) FAR 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)

The provision at FAR 52.212-1, Instructions to Offerors- Commercial Items (FEB 2012) applies.

FAR 52.212-2, Evaluation of Commercial Items (JAN 1999)

Award will be made on a lowest price technically acceptable basis. Quotes must provide adequate information to meet all of the stated requirements of this combined synopsis/solicitation.

Vendors shall complete FAR 52.212-3, Offerors Representations and Certifications- Commercial Items (DEC 2012). This can be done either manually or electronically.