M67854-16-R-5004._CREK_Combined_Synopsis._Amend_4.__26_Feb_2016.pdf

M67854-16-R-5004: Cooling and Refrigeration Expeditionary Kit (CREK):

Amendment#0004

The purpose of Amendment#0004 is to provide answers to questions received from industry and to update the POC/Contract Specialist. All other terms and conditions will remain the same.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 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. The subject Request for Proposal (RFP), M67854-16-R-5004, incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-85 and DFARS Publications Notice

(DPN) 20151130. This requirement is full and open competition. The North American Industry

Classification Standard (NAICS) code is 811310 and the small business size standard is 500.

Market research was conducted and it was determined that this acquisition could not be fulfilled by Small Business. The Small Business Advocate is in agreement with this determination. This will be Firm-Fixed Price (FFP) and for a Period of Performance of 12 months.

The Marine Corps has a requirement for a tool kit to support operation and maintenance for the Family of Environmental Control Units and Refrigeration Systems. This RFP addresses deficiencies in the current Cooling and Refrigeration Expeditionary Kit (CREK). Proposals shall provide pricing for FOB Destination and for the Contract Line Item Numbers (CLINs) kits.

The Product Description for the Cooling and Refrigeration Expeditionary Kit (CREK) are contained in Attachment A. Attachment B contains CLIN Structure and Instructions to

Offerors Form.

FAR provision 52.212-1, Instructions to Offerors – Commercial is applicable to this solicitation. See Attachment B: CLIN Structure and Instructions to Offerors Form for additional detailed instructions for the preparation of proposals.

The closing date and time for this solicitation is 14 March 2016 (Monday) at 2:00 PM local time. Questions must be submitted no later than 15 January 2016 (Friday) at 2:00 PM

EST local time; to allow time to post responses. Submit proposals and questions to Ms.

Ebony Guest at Ebony.Guest@usmc.mil. A paper copy shall be submitted. A proposal submitted via regular or overnight mail should be sent to the following address:

Commanding General

Marine Corps Systems Command

Attn: Ms. Ebony Guest, CT 2.5

RFP: M67854-16-R-5004 (CREK)

2200 Lester Street

Quantico, VA 22134-6050

All responses shall include pricing for F.O.B Destination, commercial warranty information for the products (s), company point of contact information including CAGE code and DUNS+4 number.

Vendors shall clearly and concisely demonstrate their ability to meet all Government requirements. The page limit for submissions is 20 pages. No pages beyond 20 will be evaluated by the Government. Submissions shall be prepared using “Arial” or “Times New

Roman” 12-point font style on 8 ½ x 11 inch white paper with not less than 1” margins. Tables and illustrations may use a reduced font style, not less than 8 point. Vendors shall provide documentation such as test results, product specification sheet, industry standards, etc. to demonstrate the ability of its Cooling and Refrigeration Expeditionary Kit (CREK) to meet or exceed all requirements in Attachments A. Test data, product specification sheet, industry standards, etc. will not count against the 20 page limit for submissions and shall be submitted as

“Supporting Documentation for Cooling and Refrigeration Expeditionary Kit (CREK)”.

Unsupported statements that the vendor meets a requirement may lead to a finding of technical unacceptability and make the vendor ineligible for award. Vendors shall also provide relevant past performance information documenting their successful fielding of a similar Cooling and

Refrigeration Expeditionary Kit (CREK). This past performance information will not be counted against the 20 page limit.

In accordance with FAR provision 52.212-1(d), each offeror shall submit two product samples of its CREK Modification Kit. The product samples shall meet all requirements set forth in the Product Description. One of the product samples shall include all tools listed in

Appendix B of the Product Description. Each offeror shall also submit a written Modification

Instruction as set forth in Section/paragraph 3.5.3 [Modification Instruction] of the Product

Description, which provides detailed instructions to allow the Government to take an existing

CREK and the offeror’s product sample CREK Modification Kit to make a new CREK which meets all requirements in the Product Description.

Delivery Requirements: Delivery is as follows:

CLIN 0001 (approx. 164 Kits) On or before 180 Days after contract award to

MCLB Albany, GA

CLIN 0001 (approx. 40 Kits) On or before 210 Days after contract award to

FSD MCLB Yermo, CA

CLIN 0001 (approx. 60 Kits) On or before 240 Days after contract award to

Camp Lejeune, NC

CLIN 0001 (approx. 60 Kits) On or before 270 Days after contract award to

Camp Pendleton, CA

CLIN 0001 (approx. 2 Kits) On or before 270 Days after contract award to

MCB Quantico, VA

One (1) Cooling and Refrigeration Expeditionary Kit (CREK) will consist of the following:

(1) Replacement tool storage case with affixed warning label(s) and data plate(s)

(2) Tool organizing inserts to accommodate all tools

(3) Adhesive material(s) required to affix tool organizing inserts to each tool storage case

(4) Adhesive material(s) or fasteners required to permanently affix labeling to the repurposed cases

(5) Tools to be added as specified in Appendix B of the Product Description

(6) Paint and rust removal wheel over-pack as specified in Appendix B of the Product

Description

(7) Modification Instruction over-pack

(8) SL-3 with final configuration over-pack

(9) Modification inventory over-pack

(10) Warning label over-pack for repurposed cases

(11) Data plate over-pack for repurposed cases

(12) Inventory labeling over-pack for repurposed cases (if not already affixed to provided tool organizing inserts)

Cooling and Refrigeration Expeditionary Kit (CREK) for CONUS delivery shall be delivered to the following: (1) Albany, GA {Approx Qty-164}, (2) MCLB Yermo, CA {Approx Qty-40}, (3)

Camp Lejeune, NC {Approx Qty-60}, (4) Camp Pendleton, CA {Approx Qty-60}, (5) Quantico, VA {Approx Qty-2}. F.O.B destination; The awardee shall be responsible for providing warranty services to Marine Corps installations in the above locations.

Evaluation: The provision at FAR 52.212-2, Evaluation – Commercial Items shall apply to this acquisition. A contract will be awarded to the responsible vendor who is the lowest priced and technically acceptable (LPTA).

The Government will evaluate vendor submissions to determine its technical capability to meet or exceed the requirements contained in the Product Description (Attachment A). Vendors who propose a delivery schedule greater than that listed above will not be considered eligible for award. Vendor proposals will be evaluated as either “acceptable” or “unacceptable.”

The Government will use the price of CLIN 0001 to obtain the vendor’s evaluated price.

Award will be made to the responsible vendor evaluated as “acceptable” and having the lowest evaluated price.

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:

(1) Technical capability of the item offered to meet the Government requirement

(2) Price

Past performance will not be evaluated as an individual factor. Instead, the Contracting

Officer will consider past performance as part of the required responsibility determination for the awardee.

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.

The Government intends to evaluate proposals and award a contract without discussions with vendors. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer;

and waive informalities and minor irregularities in offers received.

The vendor shall complete only paragraphs (b) of FAR provision 52.212-3 if the vendor has completed the annual representations and certification electronically via the System for

Award Management (SAM) Web site accessed through http://www.sam.gov . 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 Fill-In as required}. If the vendor has not completed the annual representations and certifications electronically, the vendor shall complete only paragraphs (c) through (p) of the subject provision (FAR 52.212-3).

The provision at FAR 52.212-4, Contract Terms and Conditions – Commercial Items

(May 2015) applies to this acquisition. There is no separate addendum to the clause provided.

The provision at FAR 52.212-5(a) and FAR 52.212-5(b), Contract Terms and Conditions

– Commercial Items (Dec 2015) applies to this acquisition. There is no separate addendum to the clause provided. See below Clauses incorporated by reference for those applicable.

Contracting Officer has determined that no additional contract requirements or terms and conditions (such as contract financing arrangements or warranty requirements) are required to be necessary for this acquisition and consistent with customary commercial practices.

The following Federal Acquisition Regulation (FAR) and Defense Federal Acquisition

Regulation Supplement (DFARS) provisions and clauses apply to this acquisition and are listed below:

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

This solicitation incorporates one or more solicitation provisions reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The vendor is cautioned that the listed provisions may include blocks that must be completed by the vendor and submitted with its quotation. In lieu of submitting the full text of those provisions, the vendor may identify the provision by paragraph identifier and provide the appropriate information with its quotation. Also the full text of a solicitation provision may be accessed electronically at this/these addresses:

https://www.acquisition.gov/?q=browsefar and http://www.acq.osd.mil/dpap/dars/index.htm

Clauses incorporated by reference:

FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (Alt I Oct 1995)

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards http://www.sam.gov/ http://www.acq.osd.mil/dpap/dars/index.htm

(Oct 2015)

FAR 52.204-7 System for Award Management (Jul 2013)

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Oct 2015)

FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013)

FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(Jul 2013)

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

FAR 52.212-1 Instructions to Offerors-Commercial Items (Oct 2015)

FAR 52.212-2 Evaluation – Commercial Items (Oct 2014)

FAR 52.212-3 Offeror Representations and Certifications--Commercial Items (Nov 2015)

FAR 52.212-4 Contract Terms and Conditions-Commercial Items (May 2015)

FAR 52.212-5 Contract Terms and Conditions Required Implementing Statutes of Executive

Orders--Commercial Items (Dec 2015)

FAR 52.219-1 Small Business Program Representations (Oct 2014)

FAR52.219-4 Notice of Price Evaluation for HUBZone Small Business Concerns (Oct 2014)

FAR 52.219-8 Utilization of Small Business Concerns (Oct 2014)

FAR 52.219-9 Small Business Subcontracting Plan (Oct 2015)

FAR 52.219-16 Liquidated Damages -- Subcontracting Plan (Jan 1999)

FAR 52.219-28 Post-Award Small Business Program Representation (July 2013)

FAR 52.222-3 Convict Labor (June 2003)

FAR.52.222-19 Child Labor (Jan 2014)

FAR 52.222-21 Prohibition of Segregated Facilities (April 2015)

FAR 52.222-26 Equal Opportunity (April 2015)

FAR 52.222-36 Equal Opportunity for Veterans (Oct 2015)

FAR 52-222-36 Affirmative Action for Workers with Disabilities (Jul 2014)

FAR 52.222-37 Employment Reports on Veterans (Oct 2015)

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010)

FAR 52.222-50 Combating Trafficking in Persons (March 2015)

FAR 52-223-6 Drug-Free Workplace (May 2001)

FAR 52-223-18 Ban on Texting While Driving (Aug 2011)

FAR 52.225-13 Restriction on Certain Foreign Purchases (Jun 2008)

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

(July 2013)

FAR 52.233-1 Disputes (May 2014)

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)

FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

FAR 52.245-1, Alt I, Government Property (Apr 2012)

FAR 52.245-9 Use and Charges (Apr 2012)

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

(Sep 2011)

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials

(Nov 2011) DFARS 252.204-7004 Alternate A, System for Award Management (Feb 2014)

DFARS 252.204-7009 Compliance with Safeguarding Covered Defense Information Controls

(DEVIATION 2016-O0001) (Oct 2015)

DFARS 252.204-7011 Alternative Line Item Structure (Sept 2011)

DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(DEVIATION 2016-O0001)(Oct 2015)

DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors (Feb 2014)

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (Dec 1991)

DFARS 252.211-7003 Item Unique Identification and Valuation (Dec 2013)

DFARS 252.222-7002, Compliance with Local Labor Laws (Overseas) (June 1997)

DFARS 252.222-7007 Representation Regarding Combating Trafficking in Persons (Jan 2015)

DFARS 252.225-7000 Buy American —Balance of Payments Program Certificate (Nov 2014)

DFARS 252.225-7012 Preference for Certain Domestic Commodities (Feb 2013)

DFARS 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools (June 2005)

DFARS 252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States (June 2015)

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns (Sep 2004)

DFARS 252.227-7015 Technical Data – Commercial Items (Feb 2014)

DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data (June 2013)

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

(June 2012)

DFARS 252.232-7006 Wide Area Workflow Payment Instructions (May 2013)

DFARS 252.232-7010 Levies on Contract Payments (Dec 2006)

DFARS 252.243-7002 Requests for Equitable Adjustment (Dec 2012)

DFARS 252.244-7000 Subcontracts for Commercial Items (June 2013)

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

(April 2012)

DFARS 252.245-7002 Reporting Loss of Government Property (April 2012)

DFARS 252.245-7003 Contractor Property Management System Administration (April 2012)

DFARS 252.245-7004 Reporting, Reutilization, and Disposal (March 2015)

DFARS 252.246-7005 Notice of Warranty Tracking of Serialized Items (June 2011)

DFARS 252.246-7006 Warranty Tracking of Serialized Items (June 2011)

DFARS 252.209-7992 Prohibition Against Using Fiscal Year 2015 Funds to Contract with

Corporations that Have an Unpaid Delinquent Tax Liability or a Felony Conviction under

Federal Law – Fiscal Year 2015 Appropriations

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR

2015 APPROPRIATIONS

(DEVIATION 2015-OO0005) (DEC 2014)

(a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding

24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a

Federal law within the preceding 24 months.

(End of provision)

(1) DFARS Clause 252.204-7008 – Compliance with Safeguarding Covered Defense Information

Controls (December 2015)

(2) DFARS Clause 252.204.7012 – Safeguarding Covered Defense Information and Cyber Incident

Reporting (December 2015)

The provisions and clauses can be found at FAR websites:

https://www.acquisition.gov/?q=browsefar and DFARS website:

http://www.acq.osd.mil/dpap/dars/dfars/index.htm. Vendors are required to provide their

Contractor’s DUNS Number, Tax ID Number, and Commercial and Government Entity (CAGE) code with their proposal. The CAGE code entered must be for that name and address provided by the Contractor. To be eligible for award, vendors are required to be registered in the System for Award Management (SAM).

http://www.acq.osd.mil/dpap/dars/dfars/index.htm