RFQ FA560623Q2119.pdf

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DEPARTMENT OF THE AIR FORCE

52D CONTRACTING SQUADRON (USAFE)

Combined Synopsis/Solicitation

Requirement Title: EISU 90

Solicitation Number: FA560623Q2119

Solicitation Issue Date: Thursday, 17 August 2023

Response Deadline: Thursday, 24 August 2023 no later than 1300 CET

Point(s) of Contact: Contract Specialist: A1C Alexis Poore, alexis.poore@us.af.mil, +49-6565-61-9496

Contracting Officer: SSgt Ryan Baudouin, ryan.baudouin@us.af.mil, +49-6565-61-9524

General Information

1. 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.

2. This solicitation is being issued as a(n) Request for Quote (RFQ).

3. This solicitation document and incorporated provisions and clauses are those in effect through:

Federal Acquisition Circular 2023-04 Defense Federal Acquisition Regulation Public Notice 07/20/2023 Air Force Federal Acquisition Circular 07/07/2023

4. Due to the overseas location of this requirement, no set-aside will be used in accordance with FAR 19.000(b).

The North American Industry Size Classification System (NAICS) code associated with this requirement is 332439

Requirement Information

Description:

The 52d Maintenance Group (MXG) requires one (1) Expandable Internal Airlift/Helicopter Slingable-Container Unit (EISU) in accordance with Attachment 1 - Specifications.

Place of Delivery/Performance/Acceptance/FOB Point:

FOB Destination; Spangdahlem AB, Germany - exact address will be provided in resulting contract.

Line Item Description Quantity Unit Unit Price Extended Price 0001 EISU 90 Desert Sand Kit 1 EA 0002 Shipping 1 EA

Instructions to Offerors

INSTRUCTIONS TO OFFERORS (Addendum to 52.212-1)

QUOTE SPECIFICS:

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In order to be considered for evaluation quotes must include a Price Exhibit and a Technical Exhibit.

1. Quote shall include the offeror's Price Exhibit as follows:

a. Contractor shall complete and return the Bid Schedule (as shown above).

2. Quotes shall include the offeror's Technical Exhibit as follows:

a. Specifications Compliance: Contractor shall provide, in sufficient detail, a description of the products being provided, in accordance with Attachment 1 - Specifications. Note: simply restating the requirement as it is written in the solicitation and/or copying and pasting pictures from a website does NOT constitute "sufficient detail".

(End of Provision)

- All questions are to be submitted in writing by N/A

- Quotes are required to be valid until 30 September 2023

Evaluation Criteria

BASIS FOR CONTRACT AWARD: (Addendum to 52.212-2)

Evaluation of Quotes: In accordance with FAR 12.602(a) and FAR 13.106-2, the following is provided:

a. The Government intends to award a purchase order from this Request for Quotation (RFQ) to the vendor whose quotation conforms to the solicitation and is considered most advantageous to the Government, with price and technical factors being considered. Vendors should propose their best solution to meet the stated requirements.

b. The following factors shall be used to evaluate quotations:

1. Price

2. Technical Capability

c. Basis of Award: The award will be made to the vendor whose quotation represents the best value to the government. As allowed by FAR 13.106-2(b)(1), the Lowest Price Technically Acceptable (LPTA) selection process shall be applied. Award will be made to the vendor who is deemed responsible, responsive, and represents the best value to the government based on selection of the lowest evaluated price that is deemed technically acceptable. The best value is represented by the lowest priced technically acceptable quotation. To be eligible for award, a quotation must meet all technical requirements, conform to all required terms and conditions, and provide all information required as defined in Addendum to 52.212-1. To be rated "technically acceptable" the offer must have an "acceptable" rating in the Technical Factor. The technical area will be evaluated on an "acceptable" or "unacceptable" basis. The Government reserves the right to hold interchanges with all, some, or no quoters. Additionally, if no quotes are rated technically acceptable, the CO has reserved the right to cancel the Solicitation in lieu of conducting interchanges. In this case, the Government is under no obligation to release a new Solicitation.

d. Evaluation Process: The evaluation process will begin with reviewing all proposed pricing after determining responsiveness. The lowest proposed price as stated above in the Bid Schedule will then be evaluated for technical acceptability.

If the lowest price is found to be technically acceptable, then that quoter will be evaluated for responsibility using the guidance and general standards set forth at FAR 9.104-1. Any negative entries found may be grounds for determining a quoter non-responsible and would further make them ineligible for award. Common United States Government Systems used during this process are:

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1. System for Award Management (SAM).

2. Federal Awardee Performance and Integrity Information System (FAPIIS)

3. Excluded Parties List System (EPLS). Award will be made to the lowest priced, technically acceptable quote which is deemed responsible.

4. Procurement Integrated Enterprise Environment/Electronic Data Access (PIEE/EDA); and/or

5. The Contractor Performance Assessment Reporting System (CPARS) at https://www.cpars.gov

If the quoter is determined responsible, then the evaluation process will stop and the award will be made to that vendor. If the lowest priced quote is found to be technically unacceptable or non-responsible, the second lowest priced proposal will be evaluated for technical acceptability and the process will continue until the lowest priced technically acceptable quote.

EVALUATION FACTORS:

PRICE EXHIBIT

a. If CLIN prices are not included, not clearly stated, miscalculated, does not include shipping, does not include the full quantity requested, and/or is not understandable, the offer may be rejected as non-responsive and the Government is under no obligation to hold interchanges with that quoter.

TECHNICAL EXHIBIT

a. Each CLIN will be evaluated separately based on technical factors on an acceptable/unacceptable basis and assigned a rating on whether or not the quote meets solicitation requirements. Extra credit will not be assigned for exceeding the acceptable/unacceptable criteria. A rating of "Acceptable" will be required in the factor to be eligible for award.

b. Technical Acceptable/Unacceptable Ratings

1. Rating Descriptions:

Acceptable: Quote meets the requirements of the solicitation.

Unacceptable: Quote does not meet the requirements of the solicitation.

c. Technical Factor

1. Description: Specifications Compliance.

2. Measure of Merit: Contractor provided, in sufficient detail, a description of the products being provided, in accordance with Attachment 1 - Specifications.

Clauses and Provisions

FAR provision 52.212-3, Offeror Representations and Certifications -- Commercial Items with alternate I applies to this acquisition;

the offeror verifies by submission of their offer that the representation and certifications posted at FAR 52.212-3 have been entered or updated electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal in the last 12 months, and are current, accurate, complete, and applicable to this solicitation. Alternatively, if the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision and include a completed copy with its offer.

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

FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders -- Commercial Items applies to this acquisition; the following checked clauses are hereby included by reference:

52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards ✖

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment ✖

52.222-19, Child Labor--Cooperation with Authorities and Remedies✖

52.222-21, Prohibition of Segregated Facilities ✖

52.222-26, Equal Opportunity ✖

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52.222-36, Equal Opportunity for Workers with Disabilities ✖ 52.222-50, Combating Trafficking Persons✖

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ✖

52.225-13, Restrictions on Certain Foreign Purchases✖

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

The provisions and clauses listed below have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. The following provisions and clauses are hereby included by reference:

52.204-7, System for Award Management

52.204-13, System for Award Management Maintenance

52.204-16, Commercial and Government Entity Code Reporting

52.204-18, Commercial and Government Entity Code Maintenance

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

52.204-25, Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

52.204-27, Prohibition on a ByteDance Covered Application

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

52.225-13, Restrictions on Certain Foreign Purchases

52.225-14, Inconsistency Between English Version and Translation of a Contract

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

252.203-7002, Requirements to Inform Employees of Whistleblower Rights

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

252.204-7003, Control of Government Personnel Work Product

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

252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation

252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements

252.211-7003, Item Unique Identification and Valuation

252.223-7008, Prohibition of Hexavalent Chromium

252.225-7012, Preference for Certain Domestic Commodities

252.225-7048, Export-Controlled Items

252.229-7002, Customs Exemptions (Germany)

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

252.232-7006, Wide Area Workflow Payment Instructions

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252.232-7010, Levies on Contract Payments

5352.223-9000, Elimination of Use of Class I Ozone Depleting Substances (ODS)

The following provisions and clauses are hereby included by full text:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services --Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision -- Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to --

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to --

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https:// www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that --

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section;

and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that -- It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment --

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services --

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

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(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment --

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services --

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.252-1, Solicitation Provisions Incorporated by Reference

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

(End of Provision)

52.252-2, Clauses Incorporated By Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://acquisition.gov

(End of Clause)

52.252-6, Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.204-7016, COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018 , Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https:// www.sam.gov/) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other

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(End of provision)

252.229-7001, TAX RELIEF --ALTERNATE I (SEP 2014)

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

NAME OF TAX: [Offeror insert] RATE (PERCENTAGE): [Offeror insert]

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

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense.

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

(End of clause)

5352.201-9101 OMBUDSMAN (Jun 2016)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official.

Further, the ombudsman does not participate in the evaluation of quotes, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman.

Primary:

Mr. Joseph F. Lyden

AFICC/KU, UNIT 3103, APO, AE 09094-3103

AFICC/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail: joseph.lyden@us.af.mil Tel: DSN: (314)480-2209 Fax: (49)-6371-47-2025

Alternate:

Ms. Heidi Hoehn

AFICC/KU, UNIT 3103, APO, AE 09094-3103

AFICC/KU, Geb 404, Flugplatz Ramstein, 66877 Ramstein-Miesenbach, Germany E-mail: heidi.hoehn.de@us.af.mil Tel: DSN: (314)480-9330 Fax: (49)-6731-47-2025

Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571)

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256-2395, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(End of clause)

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, and a valid vehicle insurance certificate to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel Security Program Management.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

Attachments

Attachment 1 - Specifications

Funds Available

Funds Not Currently Available

“Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.”