RFP_1758-N.doc

PAGE

QSDLAA-D6-13-1758-N

COVER PAGE

CP-FSS-1-B

(APR 1993)

SOLICITATION NO. QSDLAA-D6-13-1758-N

INDEFINITE DELIVRY INDEFINITE QUANTITY FOR

FSC CLASS 6110

Voltage Regulator CONTRACT PERIOD: July 17, 2013, or date of award (ARO) whichever is later through twelve (12) months with 4 one-year option periods not to exceed 5 years.

ANY INFORMATION THAT MAY BE DESIRED ON THIS PARTICULAR SOLICITATION CAN BE OBTAINED FROM THE ISSUING OFFICE ADDRESS SHOWN HEREIN.

1. Offerors are directed to Clause 52.212-1 - Instructions to Offerors - Commercial Items herein with addendum, for instructions on technical data required with submission of offer. Offerors are cautioned to carefully review the entire solicitation. Offerors are strongly urged to use two-sided copying of offers for submission to GSA. Offers may be emailed to laura.garcia@gsa.gov. Facsimile offers will not be accepted.

2. Offers shall be submitted on the Standard From 1449. Offer shall include all subsequent pages following this form and the requested supplemental documentation. Sign and date your offer. Offerors that fail to furnish required representations or information, or reject the terms and conditions of the solicitation, may be excluded from consideration.

3. Item 1a/b NSN 6110-01-450-4385. Trade Agreements FAR 52.225-5 – applies to this item in this solicitation. A non-availability determination regarding US or designated country products has been made. Offers may be submitted nonwithstanding country of origin. However, if eligible offers are received, the CO will follow TAA and existing FAR guidance relative to price reasonableness.

4. Offeror(s) are responsible for submitting proposal and any modifications, revisions or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. Any proposal modification, revision, or withdrawal of any offer received at the Government office designated in the solicitation after the exact time for receipt of offers is “late” and will not be considered.

5. Award will be on an aggregate basis for all items in accordance with FSS clause M-FSS-301-D METHOD OF AWARD on page 63.

6. Period of acceptance of offer. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offer, unless another time is specified in an addendum to the solicitation.

7. Awards(s) made from this solicitation will be for a one (1) year firm-fixed price contract and will include four,-12 month option periods. The Economic Price Adjustment (EPA) clause will be applicable to the four (4) 12-month option periods. See Clause 552.216-71 – Economic Price Adjustment-Special Order Program Contracts (Aug 20) Alternate I (Aug 2010).

8. Evaluation Criteria: 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. Vendors must submit a completed Request for Proposal (SF1449) to be eligible for consideration. Offers will be evaluated and award will be made based on a best value determination considering technical factors, past performance and price (See pages 11and 12.) Evaluation – Commercial Items).

9. Delivery is required 30 days after receipt of order (ARO).

10. Documentation provided shall verify that the provided product is in accordance with the Item Purchase Description for

NSN 6110-01-450-4385- Voltage Regulator.

11. Pursuant to FAR 52.212-1(g), the Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint.

12. Guaranteed Minimum Clause I-FSS-106 applies to this solicitation (See page 40).

13. Clause 52.216.19 Order Limitation discusses the minimum order and maximum order requirements (See Page 40).

14. This will be a negotiated procurement. Source selection procedures for the acquisition will be in accordance with FAR 15 and award will be made based on the best value to the Government. Vendors must submit a complete Request for Proposal (RFP) (SF 1449) to be eligible for consideration.

CP-FSS-3

NOTICE: REQUESTS FOR EXPLANATION OR INFORMATION (MAR 1996)

Oral or written requests for explanation or information regarding this solicitation should be directed to:

GSA Federal Acquisition Service, FAS Southwest Supply Operations Center QSDLAA-D6

819 TAYLOR STREET, ROOM 6A00

FORT WORTH, TX 76102

or Laura Garcia, 817-850-8259, laura.garcia@gsa.gov

IMPORTANT: DO NOT ADDRESS OFFERS, MODIFICATIONS OR WITHDRAWALS TO THE ABOVE ADDRESS. THE ADDRESS DESIGNATED FOR RECEIPT OF OFFERS IS CONTAINED ELSEWHERE IN THIS SOLICITATION.

CP-FSS-6

ELECTRONIC DATA INTERCHANGE (EDI) ORDERING (JAN 1994)

Offerors are advised that the Federal Supply Service is expanding use of electronic communications to exchange business documents. The Placement of Orders clause contained in this contract provides that orders may be placed using Electronic Data Interchange (EDI) procedures.

552.232-78

PAYMENT INFORMATION (JUL 2000)

The General Services Administration (GSA) makes information on contract payments available electronically at http:// www.finance.gsa.gov. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.

(End of provision

CP-FSS-30

(APR 1993)

PLEASE REMOVE THESE COVER PAGES BEFORE SUBMITTING OFFER TO GSA.

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, & 30

1. REQUISITION NUMBER

N/A

7/18/13

7.

FOR SOLICITATION

INFORMATION CALL(

a. NAME

Laura Garcia

b. TELEPHONE NUMBER (No collect calls) 817-850-8259

8. OFFER DUE DATE/

8/19/13 4:00 p.m., Central Time

9. ISSUED BY CODE

10. THIS ACQUISITION IS

See Attachments

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

GSA, Federal Supply Operations (FAS) Southwest Suppy Operations Center (QSDLAA-D6) Attn: Laura Garcia ( TOTAL Set Aside 100% FOR

SMALL BUSINESS (see clause for applicable NSNs)

819 Taylor Street, Room 6A00 Fort Worth, TX 76102-6114

( HUBZONE SMALL BUSINESS

( 8 (A)

( 13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

14. METHOD OF SOLICITATION

( RFQ ( IFB ( RFP

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

T

17a. CONTRACTOR/ CODE

FACILITY

18a. PAYMENT WILL BE MADE BY CODE

OFFEROR

NAME AND ADDRESS

CODE

See Block 15.

TELEPHONE NO.

FAX NO. DUNS

IS CHECKED ( SEE ADDENDUM

Complete schedule of supplies/prices in the attached.

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

See Block 15

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

Indefinite

( 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ( ARE ( 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.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPy

( TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET

FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO

TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REFERENCE __your_ OFFER

DATED _______. YOUR OFFER ON SOLICITATION (BLOCK 5)

( INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS: See attached continuation page beginning on Page 3.

32a. QUANTITY IN COLUMN 21 HAS BEEN

( RECEIVED ( INSPECTED ( ACCEPTED AND CONFORMS TO THE

33. SHIP NUMBER

CORRECT FOR

CONTRACT. EXCEPT AS NOTED

PARTIAL

FINAL

42a. RECEIVED BY (Print)

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION

SEE REVERSE FOR OMB CONTROL NUMBER AND PAPERWORK

STANDARD FORM 1449 (10-95)

(LOCAL DEVIATION)

BURDEN STATEMENT

Prescribed by GSA - FAR (48 CFR) 53.21

This page reserved for use at time of award as applicable.

CONTINUATION OF SF 1449

Contractor information:

E-MAIL ADDRESS:

FAX NUMBER:

TAXPAYER IDENTIFICATION NUMBER (TIN):

DATA UNIVERSAL NUMBERING SYSTEM (DUNS):

Supplier information:

E-MAIL ADDRESS:

FAX NUMBER:

TAXPAYER IDENTIFICATION NUMBER (TIN):

DATA UNIVERSAL NUMBERING SYSTEM (DUNS):

SUMMARY

(CONTINUATION OF SF 1449, BLOCK 10)

A-FSS-2-B (OCT 1988) INDEFINITE DELIVERY-INDEFINITE QUANTITY CONTRACT FOR:

FSC CLASS: 6110

COMMODITY: Voltage Regulator CONTRACT PERIOD: July 17, 2013, or date of award (ARO) whichever is later through twelve (12) months with 4 one-year option periods not to exceed 5 years.

SUPPLIES OR SERVICES AND PRICE/COSTS

B-FSS-90

FREQUENCY OF ORDERS (OCT 1988)

In order to give Contractors an indication as to the frequency of orders, the number of orders expected to be placed during the contract period is shown in the Schedule for each item. Computations as to the frequency of orders are necessarily based on past experience, and Contractors are cautioned that this ordering pattern may change. This information is provided to facilitate Contractor's production planning and has no bearing on the contractual obligations of either party.

DESCRIPTION/SPECIFICATION

C-FSS-425

WORKMANSHIP (OCT 1988)

Any item contracted for must be new, current model at the time of offer, unless otherwise specified. Each article must perform the functions for its intended use.

C-FSS-427

ANSI STANDARDS (JUL 1991)

ANSI Standards cited in this solicitation may be obtained from the American National Standards Institute, Inc., 11 West 42nd Street, 13th Floor, New York, NY 10036 (Tel: (212) 642-4900).

ITEM PURCHASE DESCRIPTION

Item 1/a/b, NSN: 6110-01-450-4385 (IPD Dated 5/29/13)

REGULATOR, VOLTAGE: Uninterruptible power supply with fuse and electronic overload protection, two outlets, shall have the following characteristics:

Meets UL 1778

Power Rating - 425 volt-amperes

Input Voltage – 85% to 120% of 115 V

Frequency - 50 Hz or 60 Hz

Output Voltage – 115 V

Voltage Regulation – automatic from ± 25%

Output Frequency Stability in Battery Mode – 0.5%

Waveform - Simulated sine wave

Transfer Time – 2 to 4 milliseconds

Surge protection – 320 joules

Noise filtering 10 to 50 dB

Recharge Time – 8 hours

Battery Type – sealed lead acid (SLA), 12V, 7 ampere-hours

Back-up time - 10-20 minutes

Remote access port – DB9-RJ232

Through the use of indicator lights or audible alarms, or any combination thereof, the uninterruptible power supply shall indicate the following conditions: Normal, Battery in use, Battery low, Overload

Unit can be turned on without power

2-stage battery charging to prolong battery life

Unit of Issue – EA (Each)

PRODUCT CONFORMANCE: The products provided shall meet the salient characteristics of this Item Purchase Description, conform to the producer's own drawings, specifications, standards, and quality assurance practices, and be the same product offered for sale in the commercial market. The Government reserves the right to require proof of such conformance.

MARKING: Shipments to GSA and other civilian agencies shall be marked in accordance with FED-STD-123. Shipments to the Department of Defense (DOD) shall be marked in accordance with MIL-STD-129.

PREPARATION FOR DELIVERY: The item(s) shall be packaged and packed in accordance with the latest revision of ASTM D 3951, Standard Practice for Commercial Packaging. Copies of ASTM standards are available from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. Phone: 610-832-9585, Fax: 610-832-9555, Web site: www.astm.org, e-mail: service@astm.org.

Palletization: The shipping (transport) containers shall be palletized. The pallets shall be 48-inch length x 40-inch width, general purpose, four-way entry, flush stringer, and double-face non-reversible pallets. The palletized load shall not exceed 2500 pounds in weight for shipments to the Eastern Distribution Center (Burlington). The palletized load shall not exceed 2000 pounds in weight for shipments to the Western Distribution Center (French Camp). The palletized load shall not overhang the pallet deck board edge by more than 1 inch and shall not exceed 53 inches in overall height (including pallet). Less than half pallet loads or loads shipped by small package carrier in acceptable transport packing need not be palletized. When less than full but more than a half pallet is used, the palletized load shall utilize proper bracing and/or reinforcement to ensure that the load can withstand two additional loads placed on it.

Stacking: A load-stacking test shall be performed once, at the beginning of the contract, for each different unitized or palletized load configuration. A fully palletized load shall be tested utilizing a total stack of three palletized loads, with all the proper bracing and/or reinforcement necessary to perform the test. There shall be no evidence of damage to the pallets, shipping containers or products when stack is tested on the rigid surface for a minimum of 24 hours, in compliance with all the National and Local Safety Regulations. The pre-tested palletized load configuration shall be duplicated using the same packaging materials, pattern, number of shipping (transport) containers, and procedures consistent throughout the duration of the contract. Palletized loads shall be stable and safe when handled with mechanical equipment by qualified personnel.

Materials: All lumber used inside or outside a shipment shall be bark free. No used wood pallets with repaired components or stringers will be acceptable. All wood pallet stringers shall be manufactured from hardwoods. Pallets manufactured of materials other than wood, shall conform to all the requirements specified herein.

Unitization: For the purpose of this requirement, the assembled group of containers or items in a single load that can be handled as a unit throughout the distribution system. Unitization encompasses, but is not limited to, consolidation in a container, placement on a pallet or load base having forklift capability, or securely binding together. Shipments should be considered for unitization where appropriate or specified.

Unitization of pallet load: The palletized load shall be unitized and secured to the pallet to insure that the load arrives intact without product damage. The containers or items shall be placed in a suitable pattern to form a stable and balanced load. Vertical, horizontal or filler reinforcement shall be added as necessary to meet the stacking strength requirements. A palletized load shall be secured to the pallet by shrink or stretch wrapping, and/or, by steel or nonmetallic strapping. When steel or nonmetallic strapping is used, edge protectors shall be provided to prevent damage to the cartons when tensioning the strapping. As a minimum, two straps shall run lengthwise, two straps shall run widthwise, and two straps shall run around the girth of the palletized load. A palletized load shall be capable of protecting the products against damage in a multiple handling, transportation, and storage environment having distribution warehouses with rack systems that support the load/s overhead of warehouse personnel.

Notice of special requirements for shipment to all countries that have endorsed the IPPC Guidelines for treatment of non-manufactured wood packaging: The International Plant Protection Convention (IPPC) has approved and published on March 15, 2002, “Guidelines for Regulating Wood Packaging Material in International Trade.” Countries endorsing the IPPC Guidelines can be found at the USDA.gov web site. Additionally, shipments delivered to DOD distribution facilities or freight consolidation points for eventual delivery to or through EU/IPPC countries shall comply with applicable DLA Regulations and Procurement Letter PROCLTR 02-17.

END OF ITEM PURCHASE DESCRIPTION

SECTION B: SCHEDULE OF SUPPLIES AND PRICE LIST

Item 1a/b – NSN: 6110-01-450-4385 Manufacturer Name:____________________________________________

Part Number:__________________________________________________

Country of Origin:______________________________________________ Item

EPMR

per Each

No.

Destination

Estimated 1-year quantity

Total

( Qty x Unit Price)

Voltage Regulator

Burlington, NJ (N3)

NSN: 6110-01-450-4385

French Camp, CA (S3)

Total

Aggregate

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (FEB 2012) 12.301(b)(1) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212‑3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and --

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer 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.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

Availability of requirements documents cited in the solicitation.

Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to --

GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407

Telephone (202) 619-8925 Facsimile (202) 619-8978

If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

ASSIST (http://assist.daps.dla.mil).

Quick Search (http://assist.daps.dla.mil/quicksearch).

(iii) ASSISTdocs.com (http://assistdocs.com).

Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by --

Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);

Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun ad Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

A summary of the rationale for award;

For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

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: Technical, Performance and Price.

1) Technical Factors: consists of two sub-factors

· Technical conformance to the specifications listed in the section titled Descriptive/Specification of the solicitation.

· Proposed delivery schedule

Rating for technical factors is a Pass/Fail.

A technical description of the items being offered in sufficient detail is required to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

Product Conformance: The product(s) provided shall meet the salient characteristics of the Item Purchase Description (IPD), conform to the producer's own specifications, standards, and quality assurance practices and be the same product offered for sale in the commercial market. The Government reserves the right to require proof of such conformance.

The following documents are required at time of offer submission:

(a) Technical Description: Documentation provided shall verify that the provided product is in accordance with the Item Purchase Description for NSN 6110-01-450-4385 – Voltage Regulator Sample – A sample of the product offered may be requested, if necessary. Please have a sample available for overnight delivery if needed for evaluation purposes (A sample is not required with offer submission).

Offerors are advised that the data described above will be reviewed to determine technical acceptability. The Government will not make assumptions concerning the offeror’s intent. Clear identification is the sole responsibility of the offeror. Failure to provide the required data with submission of the offer may result in offer being considered technically unacceptable for further evaluation of award.

Offers which receive a rating of “fail” for either of the technical sub factors will be deemed unacceptable and will not receive further consideration for award.

Past Performance Factor:

Specific past performance is not being requested. Instead, GSA will use any credible information available on each vendor in evaluating past performance.

The Government will also use the Past Performance Information

Retrieval System (PPIRS) and the Federal Awardee Performance and Integrity System (FAPIIS) if reports exist for the offeror. The website for PPIRS and FAPIIS is (http://www.ppirs.gov/). An offeror with no record of past performance of the same general nature or for whom GSA has no information available will not be evaluated as favorably or unfavorably based on past performance, but will be given a neutral rating. For evaluation purposes a neutral rating will be considered to be a satisfactory rating.

RATING SCHEME FOR PAST PERFORMANCE FACTOR:

Each proposal will be assigned one of the following performance confidence assessments.

HIGH CONFIDENCE: The offeror’s quote demonstrates the same past performance relevant to the RFQ. Past performance record met and exceeded many contract requirements and had few problems, if any. Overall, based on the offeror’s performance record, the government has high confidence the offeror’s will successfully perform the required effort.

GOOD CONFIDENCE: The offeror’s quote demonstrates closely similar past performance relevant to the RFQ. Past performance met and exceeded some contract requirements and had few minor problems. Overall, based on the offeror’s performance record, the government has good confidence the offeror will successfully perform the required effort.

SATISFACTORY CONFIDENCE: The offeror's quote demonstrates similar past performance relevant to the RFQ. Past performance met contract requirements and contains some minor problems. Overall, based on the offeror’s performance record, the government has confidence the offeror will successfully perform the required effort. Normal contractor emphasis should preclude any problems.

MARGINAL CONFIDENCE: The offeror's quote shows very limited similar past performance relevant to the RFQ. Past performance did not meet some contract requirements and reflects problems. Overall, based on the offeror’s performance record, doubt exists that the offeror will successfully perform the required effort.

UNSATISFACTORY CONFIDENCE: The offeror's quote fails to demonstrate similar past performance relevant to the RFQ (there is an identifiable performance record in the quote from which to draw this conclusion). Past performance did not meet most contract requirements and contains serious problems. Overall, based on the offeror’s performance record, extreme doubt exists that the offeror will successfully perform the required effort.

All past performance information is proprietary source selection information. The Government will only discuss past performance information directly with the prospective prime contractor that is being reviewed. The Government may use past performance information that was obtained for both the responsibility determination and the best value decision.

Price Factor:

Evaluation Criteria: Offers will be evaluated and awards will be made based on best value determination considering Technical sub factors which consist of (1) technical conformance to the specifications listed in the section titled Descriptive/Specification of the solicitation; and (2) proposed delivery schedule. Both sub factors are evaluated as pass/fail. Offers that are determined acceptable on the technical factor will be reviewed for past performance and price, with past performance being slightly more important than price. However, as offers become more equal in the past performance factors, the lowest Total Aggregate Price becomes important. Any award price must be determined to be fair and reasonable before award. Award shall be made to the offeror(s) as determined by the Contracting Officer to be the Best Value to the Government.

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).

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 Method of Award:

Award will be made in the aggregate by NSN for both depot locations. The low aggregate offeror will be determined by multiplying the unit price submitted on each item by the estimated quantity specified, and adding the resultant extensions. In order to qualify for an award, prices must be submitted for each delivery point.

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (FEB 2012) 12.301(b)(3) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include –

Name and address of the Contractor;

Invoice date and number;

Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer Other Than Central Contractor Registration), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement to pay by EFT.

Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

Payment.

Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall –

Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the –

Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

Affected contract number and delivery order number, if applicable;

Affected contract line item or sub line item, if applicable; and

(D) Contractor point of contact.

Provide a copy of the remittance and supporting documentation to the Contracting Officer.

Interest.

All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if

The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

The date fixed under this contract.

The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on

The date on which the designated office receives payment from the Contractor;

The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Central Contractor Registration (CCR).

Unless exempted by an addendum to this contract, the Contractor is responsible during performance and…