RFQ - W912DY23Q0122 - Benelux Chievres Bldg. 20023 20182 Rpl. Appliances.pdf
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Benelux Chievres Air Base, CFMO WH Bldg. 20023 & 20182 Replacement Appliances
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a separate written solicitation document will not be issued. This solicitation is being issued under the authority of FAR Part 13 Simplified Acquisition Procedures.
The requirement is to procure replacement appliances for Benelux Chievres Air Base CFMO WH Bldg. 20023 & 20182. The combined synopsis/solicitation/Request for Quote (RFQ) number is W912DY-22-Q-0122. This number shall be referenced by contractors on their quotes and related correspondence. This RFQ is 100% total small business set-aside. The NAICS code is 335220 (Wood Office Furniture Manufacturing) and Size Standard of 1,500 Employees apply to this procurement. Contractors must be registered in the System of Award Management (SAM) with no exclusions to be considered for award. The website for SAM is https://sam.gov/portal/SAM#1
Quotes must be sent to Contract Specialist Anna Pope, anna.pope@usace.army.mil No later than 19 July 2023, 1:00 PM CST (1300 Hours).
Please submit questions NLT 23 July 1:00PM CST (1300 Hours).
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-05 effective 03 March 2022.
The contract will be a Firm Fixed Price (FFP) with the CLIN structure as reflected below.
Quotes shall include no less than the following attached documents:
(1) Attachment 1 Line-Item Pricing Spreadsheet (Excel Format) - To be completed by contractor and returned to the Government POC listed.
(2) Attachment 7, Technical Document Checklist - To be completed by contractor and returned to the Government POC listed.
W912DY23Q0122
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot Furnishings: BeneluxChievres Bldg. 20023
FFP
The contractor shall provide furnishings in support of the Huntsville Center Centrally Managed Furnishings Program for USAG Benelux Chievres Bldg.
20023, in accordance with the attached Line Items, Item Descriptions and Statement of Work.
****Please submit quotes valid for 120 days.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
PSC CD: 7290
NET AMT
0002 1 Lot Furnishings: BeneluxChievres Bldg. 20182
FFP
The contractor shall provide furnishings in support of the Huntsville Center Centrally Managed Furnishings Program for USAG Benelux Chievres Bldg.
20182, in accordance with the attached Line Items, Item Descriptions and Statement of Work.
****Please submit quotes valid for 120 days.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
0003 6 Months OPTION Storage: Benelux Chievres Bldg. 20023
FFP
***Option: This line item may be unilaterally exercised at the discretion of the Contracting Officer.
Storage shall be a Firm Fixed Price amount of $__________ per month, for a total amount of $__________ for six months. Contractors shall take into account all costs necessary to store furnishings secure from theft, damage, and weather elements in case of any contingency en-route to installation. Storage shall include all costs to place furnishings into and remove furnishings from storage (ie. double handling, transportation, etc.). The quoted cost should include all costs necessary to complete delivery and installation of furniture at the terminal location.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
0004 6 Months OPTION Storage: Benelux Chievres Bldg. 20182
FFP
***Option: This line item may be unilaterally exercised at the discretion of the Contracting Officer.
Storage shall be a Firm Fixed Price amount of $__________ per month, for a total amount of $__________ for six months. Contractors shall take into account all costs necessary to store furnishings secure from theft, damage, and weather elements in case of any contingency en-route to installation. Storage shall include all costs to place furnishings into and remove furnishings from storage (ie. double handling, transportation, etc.). The quoted cost should include all costs necessary to complete delivery and installation of furniture at the terminal location.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government
CLAUSES INCORPORATED BY FULL TEXT
52.225-5 TRADE AGREEMENTS (DEC 2022)
(a) Definitions. As used in this clause.
“Caribbean Basin country end product”
(1) Means an article that—
(i)(A) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or
(B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed; and
(ii) Is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C. 2703(b).
(A) For this reason, the following articles are not Caribbean Basin country end products:
(1) Tuna, prepared or preserved in any manner in airtight containers;
(2) Petroleum, or any product derived from petroleum;
(3) Watches and watch parts (including cases, bracelets, and straps) of whatever type including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the Harmonized Tariff Schedule of the United States (HTSUS) column 2 rates of duty apply (i.e., Afghanistan, Cuba, Laos, North Korea, and Vietnam); and
(4) Certain of the following: textiles and apparel articles; footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or handloomed, handmade, and folklore articles;
(B) Access to the HTSUS to determine duty-free status of articles of these types is available at https://usitc.gov/tata/hts/index.htm. In particular, see the following:
(1) General Note 3(c), Products Eligible for Special Tariff treatment.
(2) General Note 17, Products of Countries Designated as Beneficiary Countries under the United States— Caribbean Basin Trade Partnership Act of 2000.
(3) Section XXII, Chapter 98, Subchapter II Articles Exported and Returned, Advanced or Improved Abroad, U.S.
Note 7(b).
(4) Section XXII, Chapter 98, Subchapter XX Goods Eligible for Special Tariff Benefits under the United States— Caribbean Basin Trade Partnership Act; and
(2) Refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the acquisition, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
“Designated country” means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei)”), Ukraine, or United Kingdom);
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Oman, Panama, Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.
Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).
“Designated country end product” means a WTO GPA country end product, an FTA country end product, a least developed country end product, or a Caribbean Basin country end product.
“End product” means those articles, materials, and supplies to be acquired under the contract for public use.
“Free Trade Agreement country end product” means an article that-
(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or
(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in an FTA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
“Least developed country end product” means an article that--
(1) Is wholly the growth, product, or manufacture of a least developed country; or
(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a least developed country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product, includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
“United States” means the 50 States, the District of Columbia, and outlying areas.
“U.S.-made end product” means an article that is mined, produced, or manufactured in the United States or that is substantially transformed in the United States into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed.
“WTO GPA country end product” means an article that--
(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or
(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services, (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
(b) Delivery of end products. The Contracting Officer has determined that the WTO GPA and FTAs apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the Schedule. The Contractor shall deliver under this contract only U.S.-made or designated country end products except to the extent that, in its offer, it specified delivery of other end products in the provision entitled “Trade Agreements Certificate.”
(End of clause)
INSTRUCTIONS TO QUOTERS
INSTRUCTIONS TO QUOTERS
1. FURNITURE INSTALL INFORMATION:
A. Estimated award date is: 11 August 2023
B. Required install dates are as follows:
Building- 20023 & 20182 Install Start not earlier than: 1 December 2023 Install Completion not later than: 15 December 2023
Building- 20023 & 20182 Contractor Furniture Install Start Date (FISD):
(insert date, not After Receipt of Order)
Contractor Furniture Install Completion Date (FICD):
(insert date, not After Receipt of Order)
C. Specific install instructions are contained in the Statement of Work (SOW), Attachment # 3.
2. SHIPPING/STORAGE INFORMATION
A. The Contractor shall ship goods on an FOB Destination basis.
B. Contractors shall quote six month’s storage cost to be considered eligible for award.
If a storage fee is not included in pricing, the Contractor’s quote may be considered a non-conforming response to the solicitation. This option for storage can be unilaterally exercised by the Contracting Officer for a combined total maximum of six months of storage. Storage needed for partial shipments will be prorated by the price of the items stored relative to the total price of all of the items ordered. Storage will only be funded by modification and at the discretion of the Contracting Officer. Storage will be a firm fixed price amount. Contractors shall take into account all costs necessary to store furnishings secure from theft, damage, and weather elements in case of any contingency en-route to installation. Storage shall include all costs to place furnishings into and remove furnishings from storage (ie. double handling, transportation, etc.). The quoted cost should include all costs necessary to complete delivery and installation of furniture at the terminal location. If storage is required in excess of 6 months, a new storage amount will be negotiated. If the storage cost is incurred, fast payment procedures may be implemented in accordance with FAR 52.213-1. If storage is required, payment may be approved for 85% of the total supplies only. Installation and the remaining 15% of supplies will be approved for payment once all responsibilities have been completed as set forth in the contract. Contractors shall coordinate delivery and installation with Government Technical Representative (TR) shown in the SOW, and save records of these communications with the goal of successful delivery and installation. This requirement for coordination includes, but is not limited to, communicating with the Government TR prior to shipping items in order to prevent unnecessarily expensive storage costs.
C. The Contractor shall provide a Certification of Conformance for any order that will be stored in a warehouse for which the Contractor desires partial payment in advance of installation of the furnishings. FAR 52.246-15 addresses how to complete a certificate of conformance, and can be found in Clauses.
D. Destination/Ship to Address and Transportation Information: See Table 1 in SOW, Attachment # 3.
3. INSPECTION AND ACCEPTANCE
Inspection and Acceptance must be by the Government TR. See Table 1 in SOW, Attachment # 3.
4. LIST OF ATTACHMENTS
ATTACHMENT # 1 – LINE ITEM PRICING BLDG DTRA Admin 1 page ATTACHMENT # 1 – LINE ITEM PRICING BLDG DTRA Admin 1 page ATTACHMENT # 2 – FURNITURE ITEM DESCRIPTIONS (FID) 5 pages ATTACHMENT # 3 – STATEMENT OF WORK – OSOW 7 pages ATTACHMENT # 3 – STATEMENT OF WORK – RSOW 11 pages ATTACHMENT # 4 – CONTRACTOR PERFORMANCE EVALUATION 2 pages ATTACHMENT # 5 – ACCIDENT PREVENTION PLAN 7 pages
ATTACHMENT # 6 – ORDER COMPLETION STATEMENT 1 page ATTACHMENT # 7 – TECHNICAL DOCUMENTS CHECKLIST 30 pages
5. CONTRACTING OFFICER’S INSTRUCTIONS AFTER AWARD
A. Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.
B. The Contractor shall be responsible to coordinate the installation of its items with the site Technical Representative at least 30 days before the installation start date. At this time any special security/install instructions will be provided by the Government to that Contractor. The Contractor shall refer to the Statement of Work (Attachment #3) for additional installation instructions. If additional days for installation are needed, a justification should be provided at the time of quote for approval by the Contracting Officer.
C. Security issues (e.g. getting on and off post), logistical discussions of the installation process shall be coordinated with the Furniture Management Officer (FMO).
D. Safety Plans. The Contractor shall be responsible for submitting a completed safety plan within one month after contract award, or where expedited installation is required NLT 10 days before installation. NO installation will be permitted without an approved safety plan. The Contractor shall not begin installing items until a safety plan has been submitted to and approved by the Government. All safety plans shall be emailed to:
furnishinginvoices@usace.army.mil
E. The Contractor shall comply with all laws, rules and regulations of the installation, including but not limited to, the following: No weapons of any kind are to be carried by any person or transported in any vehicle entering an Army installation. Truck drivers carrying any kind of weapon will be denied access to the Army installation.
F. If requested by the Contracting Officer, the Contractor shall provide reports for quoted items.
6. INVOICES
A. Partial order invoices will not be accepted. Invoices may be submitted for one building of a multi-building delivery order only with the approval of the Contracting
Officer, following the complete installation of the one building by the Contractor and acceptance by the Government.
B. All invoices shall be emailed to the following email address for processing:
FurnishingInvoices@usace.army.mil
C. The Contractor shall return a signed Attachment # 7, Order Completion Statement, with its final invoice. Invoices shall not exceed the contract amount. A final invoice submitted without a signed Order Completion Statement will be rejected.
7. INSTRUCTIONS TO CONTRACTORS
A. The Contractor shall provide pricing for all items listed in the RFQ for the quote to be accepted by the Government.
B. The Contractor shall complete the furniture installation schedule under FURNITURE INSTALL INFORMATION and include in the quote submission.
C. All quoted items shall meet the specifications defined in the Furniture Item Description (FID), Attachment # 2.
D. Name brand, model numbers, shall be provided for all quoted items, including pass-thru items and those manufactured by the Contractor.
E. At the time of quote, Contractors shall provide the most current documentation that is highlighted or contains other markings, which brings immediate attention to the information, and enables the Government to remove all doubt whether the Contractor has or has not met the specifications shown in the FID.
F. Technical Data Sheets Required. Current and complete cut sheets for all items specified in the FID shall be provided by the Contractor, unless otherwise specified. All salient features of items specified in the FID shall be addressed on the cut sheets.
When the Contractor provides more than one cut sheet for an item specified in the FID, the cut sheets and supporting documentation shall be highlighted or contain other markings, which bring immediate attention to information, and enables the Government to remove all doubt whether a Contractor has or has not met the specifications shown in the FID. The burden of providing information, which shall be organized and sequential according to the FID, shall be the responsibility of the Contractor. The Government shall not be held responsible for Contractor information that is not organized and sequential according to the FID, or not highlighted (if within a larger document and used as proof), which prevents conclusive comparisons between the Contractor’s quoted items and the requirements during technical review.
G. Electronic Price Quote is Required. Attachment #1, “Line Item Pricing,” will be provided in an Excel spreadsheet format by the Government. The Contractor shall submit the completed Attachment #1 in Excel format to the Government by the deadline for submission of quotes set forth in this RFQ. The completed spreadsheet shall include model numbers for all items. Attachment 1 shall reflect only items provided through a teaming agreement, unless specified as open market items.
Contractors shall provide pricing for all line items, even if the amount is $0. Contractors are encouraged to provide discounts off of schedule contract prices on the items quoted. Contractors shall include both the schedule contract unit price as well as the unit price offered in response to this solicitation on the Attachment 1 in the appropriate columns. Quotes from Contractors that fail to do so may be considered non-conforming responses to the solicitation.
I. Attachment # 7, “Technical Documents Checklist,” will be provided in Word format by the Government. The Contractor shall submit a completed Attachment # 7 in Word format to the Government by the deadline for submission of quotes set forth in this
RFQ.
J. Product samples are not acceptable for this RFQ, unless otherwise directed by the Contracting Officer.
K. Multiple quotes are not acceptable for this RFQ. If multiple quotes are received, only one quote (as determined by the Contracting Officer) will be evaluated by the Government.
L. The Contractor shall list any specific special features, warranty, and environmental and energy efficiency features applicable to its quoted products.
M. The Contractor shall be bound by the monthly storage fee quoted for an option for a maximum period of six months that may be unilaterally exercised by the Contracting Officer in one month increments. If a storage fee is not included in the Contractor’s Quote, the Contractor’s Quote may be considered a non-conforming response to the solicitation.
N. When drawings are included as attachments, they are for visualization purposes only. The FID takes precedence over drawings unless otherwise stated. Site conditions may not align with drawings. Post-award site verifications are the responsibility of the Contractor.
O. The Contractor shall submit the following with its quotation:
P. Please include the following information:
Cage Code:
Taxpayer Identification Number:
UEI Number:
POC Name:
Email Address:
Phone Number:
Q. The Contractor shall be actively registered in the System for Award Management (SAM) with no exclusions.
8. SUBMISSION, MODIFICATION AND REVISION OF QUOTES
A. Contracting documents (RFQ, SF30, Attachment # 1 in Excel format, Attachment # 7 in Word format) and technical documents (testing results, cut sheets, and other supporting documents) together create the quote. The terms, “quote,” “RFQ response,” and “response” have the same meaning in this section.
B. Quotes shall be submitted by the Contractor to the Government in email, using as many emails as required to deliver a complete quote. When multiple emails are used to deliver a complete quote, Contractors shall state their number to the Government.
Currently, Huntsville Center supports up to 10MB of content per email.
C. It is recommended that Contractors use the Procurement Integrated Enterprise Environment (PIEE). A vendor portal for solicitations was introduced as an enterprise-level service for the Department of Defense (DoD) within the Procurement Integrated Enterprise Environment (PIEE) platform. This capability allows DoD to have a more automated and secure process for capturing solicitations and their attachments and responses from industry. To obtain additional information please visit:
https://piee.eb.mil/xhtml/unauth/web/homepage/vendorGettingStartedHelp.xhtml
i. PIEE Size Limit. Each uploaded attachment can be up to 1.9 gigabytes (GB) in size. The application supports different file extensions.
ii. Notifications when an amendment to the solicitation is posted: Within a solicitation, click the checkbox next to ‘Please notify me of amendments to this solicitation’ on the top left corner of the screen. You will receive email and system notification when an amendment is posted.
iii. Upload Multiple Documents in PIEE, multiple attachments may be uploaded at one time. After you click ‘Choose File,’ highlight all the files you want to upload and click ‘Open.’ If the total size of all the attachments exceeds 1.9GB (see 4.A above), upload the multiple attachments in batches that keeps each batch under the 1.9GB limit. Please contact your company’s Account Administrator for any account related issues. If you are experiencing technical problems with Procurement Integrated Enterprise Environment, please contact the DISA DECC
Ogden Electronic Business Service Desk at link below:
https://piee.eb.mil/xhtml/unauth/web/homepage/vendorCustomerSupport.xhtml
D. The Government must have in its possession the Contractor’s entire quote by the RFQ due date and time.
E. Contractors shall return to the Government in the same Word version format received, their responses to the Government’s requests for clarification.
F. Contractors shall not merge into a single PDF document both the technical documents (testing results, cut sheets, and other supporting documents) and the contracting documents (RFQ, SF30, Attachment #1 in Excel format, Attachment # 7 in Word format).
G. Contractors shall not intentionally quote items that do not meet the specifications of the Primary Requirements. The Primary Requirements for Administrative Office Furniture (ADMIN) are defined as office furniture systems and, if included in the FID, wood case goods. The Government’s intent is to receive timely quotes that are organized, complete, and technically acceptable, with no need or a minimal need for clarifications. Quotes that do not meet the specifications of the primary requirements (documented during technical review) may receive no further consideration for award.
9. NON-CONFORMING RESPONSES
The Government is not required to accept non-conforming responses. Non-conforming responses may not receive a technical evaluation, and may not receive consideration for award. The following types of responses are considered non-conforming:
A. A Contractor’s quote that does not meet the specifications of the Primary Requirements.
B. A Contractor’s submittal of technical documents (testing results, cut sheets, and other supporting documents) and contracting documents (RFQ, SF30, Attachment # 1 in Excel, and Attachment # 7 in Word) merged into a single PDF document.
C. A Contractor’s submittal of technical documents that is incomplete, or is not organized and sequential according to the FID, which would prevent a conclusive comparison between the Contractor’s Quote and the Government’s requirement.
D. A Contractor’s failure to respond to the Government’s request for clarifications in the same Word format received, in order for the Government to be able to continue to record communications with the Contractor on the same form.
E. A Contractor’s submittal of electronic documents whose file names do not reflect their general content, which do not enable the reader to locate information without opening documents repeatedly to be reminded of their contents, and which harm the Government’s ability to perform technical review or other examination.
10. LATE RESPONSES / NON-RESPONSIVENESS
A. Late responses are in all cases Contractor responses that are not in the Government’s possession by the requested due date and time.
11. AMENDMENTS
The Government may amend the RFQ for reasons that include extending the due date for submission of quotes, in response to construction delays on buildings to be furnished, in response to market conditions, or for other reasons that clarify the needs of the Government.
12. QUESTIONS
A. All questions shall be submitted to the Contract Specialist no later than 23 June 2023 1:00PM CST (1300 Hours) at anna.pope@usace.army.mil. All answers to question's received will be posted and made available to all interested parties via an rfq amendment. The Contracting Officer will not address any questions received following expiration of the aforementioned time in this paragraph. when the term “hour” is used to describe the time period for questions, then it means sequential hours without interruption (24 hours = 1 calendar day), unless otherwise specified.
B. Notifications to the Government from Contractors regarding limited- or non-available items, or potential errors in the Government’s specifications are welcomed.
C. A Contractor’s request to change the Government’s requirement before quotes are due, may not be addressed because it does not clarify the requirement for all potential quoters, and if accepted would change the requirement.
13. DOWN-SELECT PROCESS
A. It is the Government’s intent to select a target of three (3) quotes for a complete technical evaluation to determine whether the quoted products in fact comply with the FID. The Contracting Officer has discretion to include more or less than three (3) quotes in the down-select. The down-select will be based on price, receipt of completed Attachment #7 - Technical Documents Checklist.
B. At any time following the down-select, the Government may, at the discretion of the Contracting Officer, engage in exchanges with one or more of the Contractors whose quotes were down-selected, or consider additional quotes for evaluation.
14. EVALUATION CRITERIA
A. Technical Evaluation – Technical will be rated “Acceptable” if all line items meet the specifications shown in the Furniture Item Description (FID).
B. Schedule – Schedule will be rated “Acceptable” if the Contractor install dates are within the dates shown below.
Building-DTRA Admin Install start not earlier than: 1 December 2023 Install completion not later than: 15 December 2023
C. Past Performance – Past Performance will be rated “Acceptable” or “Unacceptable.”
The Government will use any available information to evaluate past performance.
D. Price – Price will be evaluated based on the Contractor’s total quote, which includes supplies, services, shipping and storage.
E. The Government may, at the discretion of the Contracting Officer, engage in exchanges with Contractors. However, the Government reserves the right to make award without further exchanges.
15. SELECTION OF QUOTES FOR AWARD
The successful Contractor will be the one whose quote is rated acceptable on technical, schedule, and past performance, and provides the best value to the Government. Best value will be determined by the quote that is technically acceptable and has the lowest total price.
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-2 Certificate Of Independent Price Determination APR 1985 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Jun 2020) -- Alternate I
OCT 1995
52.203-11 Certification And Disclosure Regarding Payments To SEP 2007 Influence Certain Federal Transactions
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-17
52.203-18
Contractor Employee Whistleblower Rights and Requirement JUN 2020 To Inform Employees of Whistleblower Rights Prohibition on Contracting With Entities That Require CertainJAN 2017 Internal Confidentiality Agreements or Statements-- Representation
52.203-19
52.204-4
52.204-7 52.204-10
52.204-13 52.204-16 52.204-18 52.204-19
52.209-6
52.209-10
52.212-1 52.212-1 (Dev)
52.212-4 52.213-1 52.217-4
52.217-5 52.219-8 52.219-28 52.222-21 52.222-26 52.222-37 52.222-40
52.222-50
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Printed or Copied Double-Sided on Postconsumer Fiber Content Paper System for Award Management Reporting Executive Compensation and First-Tier Subcontract Awards System for Award Management Maintenance Commercial and Government Entity Code Reporting Commercial and Government Entity Code Maintenance Incorporation by Reference of Representations and Certifications.
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment Prohibition on Contracting With Inverted Domestic Corporations Instructions to Offerors--Commercial Items Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018) Contract Terms and Conditions--Commercial Items Fast Payment Procedure Evaluation Of Options Exercised At The Time Of Contract Award Evaluation Of Options Utilization of Small Business Concerns Post-Award Small Business Program Rerepresentation Prohibition Of Segregated Facilities Equal Opportunity Employment Reports on Veterans Notification of Employee Rights Under the National Labor Relations Act Combating Trafficking in Persons
JAN 2017
MAY 2011
OCT 2018
JUN 2020
OCT 2018
JUL 2016
JUL 2016
DEC 2014
JUN 2020
NOV 2015
JUN 2020
OCT 2018
OCT 2018
MAY 2006
JUN 1988
JUL 1990
OCT 2018
MAY 2020
APR 2015
SEP 2016
JUN 2020
DEC 2010
JAN 2019
52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020
52.223-18 Encouraging Contractor Policies To Ban Text Messaging JUN 2020 While Driving
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain JUN 2020
Activities or Transactions Relating to Iran-- Representation and Certifications.
52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013
Subcontractors 52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.249-2 Termination For Convenience Of The Government (Fixed- APR 2012
Price) 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011
Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7012 Safeguarding Covered Defense Information and Cyber OCT 2016
Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016
Support 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By MAY 2019
The Government of a Country that is a State Sponsor of Terrorism
252.211-7003 Item Unique Identification and Valuation MAR 2016 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014
Hazardous Materials 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors Preference DEC 2017 252.225-7012 For Certain Domestic Commodities DEC 2017 252.225-7021 Trade Agreements--Basic SEP 2019 252.225-7036 Buy American--Free Trade Agreements--Balance of DEC 2017
Payments Program--Basic 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018
Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7022 Representation Of Extent Of Transportation By Sea JUN 2019 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not 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 an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment 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 an 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; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(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:
(1) Price;
(2) Past Performance;
(3) Technical capability of the item(s) offered to meet the Government requirement;
(4) Schedule
The successful contractor will be the one whose quote is rated acceptable on technical, schedule and past performance, and provides the best value to the Government. Best value will be determined by the quote that is technically acceptable and has the lowest total price.
(b) 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).
(c) A written notice of award or…
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