SBE10014Q5001.pdf
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- Long Lasting Insecticide Nets Federal contract opportunity
- Solicitation number
- SBE10014Q5001
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
5. SOLICITATION NUMBER
SBE10014Q5001
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
04/07/2014
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Lauren C. Kunze
b. TELEPHONE NUMBER (No collect calls) 32-03-5402-016
c. EMAIL kunzelc@state.gov
8. OFFER DUE DATE / LOCAL
TIME
05/01/2014 18:00:00
CODE DA_EL
European Logistics Support Office (DA_EL)
ELSO AMERICAN EMBASSY OFFICE
NOORDERLAAN 147 BUS 10-A ATLANTIC HOUSE
B-2030 ANTWERPEN
BELGIUM
9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
10. THE ACQUISITION IS
SEE
SCHEDULE
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS
RATED ORDER UNDER DPAS
13b. RATING
X RFQ IFB RFP
14. METHOD OF SOLICITATION
DA_ELCODE15. DELIVER TO
European Logistics Support Office (DA_EL)
BELCROWNLAAN 23
C/O GOVLOG N.V.
B-2100 DEURNE, B2100
BELGIUM
CODE16. ADMINISTERED BY
FACILITY
CODE
CODE
Contact Duns Telephone No.
17a. CONTRACTOR/OFFEROR DA_ELCODE18a. PAYMENT WILL BE MADE BY
European Logistics Support Office (DA_EL)
ELSO AMERICAN EMBASSY OFFICE
ATTN: FMC
B-2030 ANTWERPEN
BELGIUM
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES
(Use Reverse and/or Attach Additional Sheets as Necessary)
21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
See Line Items Section
25. ACCOUNTING AND APPROPRIATION DATA
See Line Item Detail
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED.
29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON
SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH
ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)
Lauren C. Kunze 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 02/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
SBE10014Q5001
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
PARTIAL FINAL
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
COMPLETE PARTIAL FINAL
36. PAYMENT 37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 02/2012) BACK
001 Large Long-Lasting Insecticide Net 0.00 EA Net must be able to cover a US Standard Full or Standard Queen mattress at a minimum
Doc Ref No:
Delivery Date FOB:
002 Small Long-Lasting Insecticide Net 0.00 EA Net must be able to cover a US Standard Twin mattress at a minimum
Doc Ref No:
Delivery Date FOB:
003 Alternate Size Long-Lasting Insecticide Nets 0.00 EA Contractor may propose other net sizes available.
Doc Ref No:
Delivery Date FOB:
004 Freight & Other Direct Costs 0.00 EA Doc Ref No:
Delivery Date FOB:
Clause Title
52.212-4 Contract Terms and Conditions - Commercial Items (Sep 2013)
652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999)
652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES (JUL 1988)
652.229-71 PERSONAL PROPERTY DISPOSITION AT POSTS ABROAD (AUG 1999)
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
652.243-70 NOTICES (AUG 1999)
52.217-8 Option to Extend Services (Nov 1999)
30 days;
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
30 days; 60 days; five years;
1.1 TYPE OF CONTRACT
This is a Blanket Purchase Agreement.
This Blanket Purchase Agreement is an unfunded agreement. All BPA Calls are subject to the availability of funds. There is no min-imum guarantee for this BPA. The Government is obligated only to the extent of authorized purchases actually made against the BPA through the use of BPA Calls. Any Option Years are not guaranteed to be exercised.
1.2 SPECIFICATIONS & STATEMENT OF WORK
PURPOSE OF PROCUREMENT:
SBE10014Q5001
Line Item Summary
Solicitation Number:
SBE10014Q5001
Contract Number: Title: Long Lasting Insecticide Mosquito Net BPA
Date of Solicitation:
04/07/2014
Line Item No. Description Quantity Unit Unit Price Total Cost
The purpose of this procurement is to establish a means to provide high-end mosquito nets, specifically Long-Lasting Insecticide Nets (LLIN) as part of an initiative to combat malaria for employees posted worldwide. In establishing this Blanket Purchase Agreement, the Contractor shall provide LLINs based on the requirements below.
A long-lasting insecticide net (LLIN) is required for use in areas prone to insecticide-resistant species. Resistance to pyrethroids seems to be the most widespread in the AF region, but also NEA and SCA posts.
The European Logistics Support Office (ELSO) in Antwerp, Belgium, in coordination with the Office of Medical Services (MED) procures and stocks LLINs as part of their Expedited Logistics Program for efficient and effective shipment to post. A Blanket Pur-chase Agreement will allow for a method to routinely replenish the stock at ELSO when needed.
CONTRACT LINE ITEMS:
The Contractor shall provide LLINs in accordance with the specifications listed below, for the Base Year and all Option Years
Required Specifications of all LLINs: At a minimum, all LLINs must be approved or presently undergoing review for approval by the World Health Organization (WHO). Nets must be treated with a chemical combination with proven success in pyrethroid-resistant re-gions worldwide, specifically throughout Africa, the Middle East, and South/Central Asia. The nets must have an active shelf life of a minimum of two-years sealed in the original packaging, plus a minimum of three years active-use, without the need to reapply chem-ical treatment. Nets must retain their biological activity for at least twenty washes, in accordance with the WHO Standard (#95% knockdown or #80% mortality after 3 min exposure).
CLIN X001 Large Long-Lasting Insecticide Net Net must be able to cover a US Standard Full or Standard Queen mattress at a minimum
CLIN X002 Small Long-Lasting Insecticide Net Net must be able to cover a US Standard Twin mattress at a minimum.
CLIN X003 Alternate Size Long-Lasting Insecticide Nets Contractor may propose other net sizes available.
CLIN X004 Freight & ODCs
Annual order volume for LLINs is estimated to be: 8,000 – 10,000 total nets per year. Generally individual BPA calls will be for 1,000 – 2,000 nets throughout the year, not more frequently than once monthly.
There is no guarantee, stated or implied, as to the amount to be purchased during the period of performance of this procurement. This agreement does not have minimum or maximum quantities, other than limitations for individual orders as detailed in Section 1.8
PROJECT MANAGER:
The Contractor shall designate a Project Manager to manage the fulfillment of orders and related questions.
1.3 PACKING OF SUPPLIES FOR INTERNATIONAL SHIPMENT
Supplies shall be packed for shipment in a manner that will ensure acceptance by common carriers and safe delivery at destination.
(end of clause)
1.4 PACKING LIST(S)
A packing list or other suitable shipping document shall accompany each shipment and shall include the following information:
(a) Name and address of consignor;
(b) Name and address of consignee;
(c) Government contract number (and delivery order number, if used);
(d) Government bill of lading number covering the shipment, if any; and
(e) Description of the items shipped, including item number, quantity, number of containers, and package number, if any.
(end of clause)
1.5 WARRANTY NOTIFICATION
In accordance with FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any. Sufficient information shall be presented for supply personnel and users to identify warranted supplies. Warranty information shall include the terms and duration of the warranty and the name and telephone number of the Contracting Officer to be notified if the supplies are found to be defective.
(end of clause)
1.6 PACKAGING & PALLETIZING
The packing and palletizing - if crating is required for this order - must conform to the standards in the International Standards for Phytosanitary Measures Publication No. 15: "Guidelines for Regulating Wood Packaging Material in International Trade" (ISPM 15) and have the appropriate markings indicating that the materials meet this standard. Any deliveries arriving at our indicated delivery address that do not meet these standards will be rejected at the vendor's expense. For any additional information concerning these re-quirements, please refer to the following www.cbp.gov/xp/cgov/import/commercial_enforcement/wpm OR www.aphis.usda.gov/ppq/wpm/import.html.
(end of clause)
1.7 PLACE OF DELIVERY
Delivery of supplies under BPA Calls placed against this Agreement shall be made to the following address(es):
US DEPARTMENT OF STATE
BPA Call # c/o GOVLOG N.V.
Belcrownlaan 23 2100 Deurne (end of clause)
1.8 ORDERING PROCEDURES
a) In accordance with FAR 52.216-18 "ORDERING," the following individuals and activities are authorized to issue delivery orders or task orders hereunder: Department of State Contracting Officer
b) Orders placed under this contract shall contain the following information:
1) Date of order;
2) Contract number and order number;
3) Item number and description, quantity, and unit price;
4) Delivery or performance date;
5) Place of delivery or performance (including consignee);
6) Packaging, packing, and shipping instructions, if any;
7) Accounting and appropriation data;
8) Security clearance level(s), applicable to the order, if any; and
9) Any other pertinent information.
c) Issuance of orders by email of OF347 is authorized in accordance with FAR 52.216-18 "ORDERING."
Order Limitations
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 500 nets, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the con-tract.
(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a single item in excess of _10,000 nets__ ;
(2) Any order for a combination of items in excess of _10,000 nets_ ; or
(3) A series of orders from the same ordering office within _30_ days that together call for quantities exceeding the limitation in sub-paragraph (b)(1) or (2) of this section.
(c) Notwithstanding paragraphs (b) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _5_ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may ac-quire the supplies or services from another source.
(end of clause)
1.9 INVOICE INSTRUCTIONS
Invoice Payment: Payment will be made via Electronic Fund Transfer (EFT) in accordance with Federal Acquisition Regulation FAR32.9 “Prompt Payment”.
The original invoice must be issued to the address as provided in block # 21 on the first page of the order and may be either mailed to that address or emailed as a pdf document to vossenaarm@state.gov and verwaestc@state.gov
To avoid possible delay in payment, please ensure the invoice:
a) is correctly addressed;
b) references the correct order number (see block # 3 of the order);
c) provides complete bank details.
All payment related matters (only) should be sent to the above email address.
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to ac-quisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
__ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has in-dicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009
(June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Rein-vestment Act of 2009.).
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L.
109-282) (31 U.S.C. 6101 note).
__ (5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (Jul 2010) (Pub. L.
111-5).
__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div.
C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub.
L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspen-ded, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub.
L. 111-8, and section 745 of Division D of Pub. L. 110-161).
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (13) [Reserved]
__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637 (d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
__ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Jul 2010) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
x (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
__ (ii) Alternate I (June 2003) of 52.219-23.
__ (22) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (23) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
__ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
X (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
X (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
X (31) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).
X (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
X (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
X (34) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).
__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
__ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.).
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of com-mercially available off-the-shelf items.).
__ (38) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__ (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
__ (ii) Alternate I (Dec 2007) of 52.223-16.
X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
__ (41) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).
__ (42)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
__ (ii) Alternate I (Mar 2012) of 52.225-3.
__ (iii) Alternate II (Mar 2012) of 52.225-3.
__ (iv) Alternate III (Nov 2012) of 52.225-3.
__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (45) 52.225.26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).
__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).
__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f),10 U.S.C.
2307(f)).
X (50) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013)(31 U.S.C.
3332).
__ (51) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).
__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Ap-
px. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement pro-visions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C.
351, et seq.).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calib-ration, or Repair of Certain Equipment -- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -- Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
__ (7) 52.222-17, Non-displacement of Qualified Workers (Jan 2013) (E.O.13495).
__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this para-graph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transac-tions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.
If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the dis-putes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Con-tractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcon-tracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must in-clude 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Non-displacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in ac-cordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
__ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibra-tion, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (Feb 2009)(41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiii) 52.225.26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) Sec-tion 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
652.242-71 NOTICE OF SHIPMENTS (JUL 1988)
At the time of delivery of supplies to a carrier for onward transportation, the Contractor shall give notice of pre-paid shipment to the consignee establishment, and to other such persons as instructed by the Contracting Of-ficer. If the Contractor has not received such instructions by 24 hours prior to the delivery time, the Contractor shall contact the Contracting Officer and request instructions from the Contracting Officer concerning the notice of shipment to be given.
(End of clause)
652.242-72 SHIPPING INSTRUCTIONS (DEC 1994)
(a) Each packing box shall be of solid construction in accordance with best commercial practices and suffi-ciently strong in direct ratio to the weight of the contents to withstand excessively rough handling while in transit overseas. It shall be constructed of lumber that is well seasoned, reasonably sound, free from bad cross grain and from knots or knotholes that interfere with nailing or that occupy more than 1/3 of the width of the piece of lumber. Box shall be constructed with three-way corners and diagonal bracing. All nails shall be ce-ment-coated, of correct size and properly spaced to avoid splitting or warping, and shall be driven into the grain of the wood. Dimension of lumber shall be in accordance with the following table, dependent upon the weight of the contents:
Weight of box and Minimum dimensions of lumber for struts, contents frame members, and single diagonal braces Up to 45 kg 19.05 x 57.15mm 46 to 113 kg 22.23 x 73.03mm 114 to 181 kg 22.23 x 98.43mm 182 to 272 kg 22.23 x 123.83mm or 25.4 x 98.43mm
(b) Each box shall be lined with waterproof paper and shall be bound with 19.05mm steel straps firmly stapled in position to prevent the straps from slipping off the box. Articles must be secured and braced inside the ship-ping container to prevent the articles from shifting.
(c) Packing cases weighing 453.5 kg and more must be equipped with skids. Each skid shall consist of two end sections of 50.8 x 152.4mm lumber placed flat and a center section of 50.8 x 101.6mm lumber placed flat and then arranged in line to prove 254mm forklift spaces between center and end sections. When goods are ready for shipment, the Contractor shall prepare four (4) copies of a packing list, indicating the contract and, if applicable, order numbers; case number; itemized list of contents; net and gross weights in kilograms; and out-side dimensions, including all clears, of each shipping container. The Contractor shall provide three (3) copies of the packing list to the U.S. Despatch Agent specified in the contract or order. The Contractor shall place the fourth copy of the packing list in packing case number one, which shall be marked as such so that it is easily identified by the consignee. Upon receipt of the packing list, the Despatch Agent will furnish export marks and instructions regarding shipment to the port specified, depending upon steamer services available at the time.
(d) The export marks shall be stenciled on one side of each box reserved for that purpose, and the appropriate case number stenciled in the lower left-hand corner of the same side. The contract and, as necessary, order numbers, net and gross weights in kilograms shall be stenciled on the same side. However, if the size of the box is too small to accommodate all stenciling on one side, the contract and order numbers and weights may be stenciled on the side opposite that used for the export marks and case number.
(e) The contract and, as necessary, order numbers must appear on all containers and papers relating to this clause.
(End of clause)
Clause Title
52.212-3 Offeror Representations and Certifications - Commercial Items (Nov 2013)
652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG 1999)
(a) Definitions.
As used in this provision:
'Foreign person' means any person other than a United States person as defined below.
'United States person' means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any per-manent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic con-cern, as provided under the Export Administration Act of 1979, as amended.
(b) Certification.
By submitting this offer, the offeror certifies that it is not:
(1) Taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which Section 8(a) of the Export Administration Act of 1979, as amended (50 U.S.C. 2407(a)) pro-hibits a United States person from taking; or,
(2) Discriminating in the award of subcontracts on the basis of religion.
(End of provision)
Clause Title
52.212-1 Instructions to Offerors - Commercial Items (Jul 2013)
652.206-70 COMPETITION ADVOCATE/OMBUDSMAN (AUG 99)(DEVIATION)
(a) The Department of State’s Competition Advocate is responsible for assisting industry in removing restrictive requirements from Department of State solicitations and removing barriers to full and open competition and use of commercial items. If such a solicitation is considered competitively restrictive or does not appear properly conducive to competition and commercial practices, potential offerors are encouraged to first contact the con-tracting office for the respective solicitation. If concerns remain unresolved, contact the Department of State Competition Advocate on (703) 875-5429, by fax at (703) 875-6155, or write to: U.S. Department of State, Competition Advocate, Office of the Procurement Executive (A/OPE), Suite 900, SA-27, Washington, DC 20522-2712.
(b) The Department of State’s Acquisition Ombudsman has been appointed to hear concerns from potential of-ferors and contractors during the pre-award and post-award phases of this acquisition. The role of the ombuds-man is not to diminish the authority of the contracting officer, the Technical Evaluation Panel or Source Evalu-ation Board, or the selection official. The purpose of the ombudsman is to facilitate the communication of con-cerns, issues, disagreements, and recommendations of interested parties to the appropriate Government person-nel, and work to resolve them. When requested and appropriate, the ombudsman will maintain strict confidenti-ality as to the source of the concern. The ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of formal contract disputes. Interested parties are invited to contact the contracting activity ombudsman, Raymond Bouford, at 703-875-5429, or by fax at 703-875-6155. For an American Embassy or overseas post, refer to the numbers below for the Department Acquisition Ombudsman.
Concerns, issues, disagreements, and recommendations which cannot be resolved at a contracting activity level may be referred to the Department of State Acquisition Ombudsman at (703) 875-5429, by fax at (703) 875-6155, or write to: Department of State, Acquisition Ombudsman, Office of the Procurement Executive (A/OPE), Suite 900, SA-27, Washington, DC 20522-2712.
(end of provision)
L.1 SUPPLEMENTAL INSTRUCTIONS
SUPPLEMENTAL SUBMISSION REQUIREMENTS:
Your offer MUST cite your tax identification number (TIN) and Dun & Bradstreet Number (DUNS), North American Industrial Clas-sification System (NAICS) and Product Service Code (PSC). Please ensure that your firm maintains current certification in the Sys-tem for Award Management (www.sam.gov). Failure to have active registration in this system by the closing date of the announce-ment may be grounds for exclusion. Likewise, failure to provide the above information will constitute an incomplete quote, and may be grounds for exclusion.
ASSUMPTIONS, CONDITIONS, OR EXCEPTIONS
Offerors must submit, under separate cover, all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of this solicitation including the SOW. If not noted in this section of your quote, it will be assumed that the offeror proposes no assump-tions for award, and agrees to comply with all of the terms and conditions as set forth herein.
TECHNICAL QUOTE
Offerors shall provide a technical quote that includes the following general areas:
A. Technical Ability & Approach B. Organizational Experience & Past Performance
TECHNICAL ABILITY & APPROACH
The Offeror must demonstrate their understanding of the Statement of Work requirements and their technical ability and approach ad-dressing the following:
(1) Discussion of the Long Lasting Insecticide Net proposed to meet the requirements of the Statement of Work as analyzed by the of-feror. Offerors shall provide a thorough discussion of the chemical treatment and scientific testing results proving the efficacy of the proposed nets, specifically in regions identified in the Statement of Work. Offeror shall also demonstrate how the net meets or ex-ceeds the minimum requirements detailed in the Statement of Work.
(2) Discussion of major logistical considerations, to include proposed methods and techniques to fulfill the order and to coordinate shipment. The technical quote must provide a proposed delivery schedule for fulfilling orders.
(3) Discussion of any anticipated major difficulties and problem areas, along with potential program management approach for their resolution, ORGANIZATIONAL EXPERIENCE & PAST PERFORMANCE
The Offeror shall identify three (3) contracts/task orders with the Federal Government and/or commercial customers that demonstrate recent and relevant past performance. Recent is defined as within the last three years. Relevant is defined as work similar in com-plexity and magnitude of the work described in this Statement of Work. This information will be used to evaluate the relevancy and capability of the Offeror’s corporate experience, and feedback gathered will be used to evaluate the relative success of past perform-ance
Include the following information:
• Project title & description of the project
• Contract number, and if applicable, task order number
• Type of Contract & Dollar value (Base period value plus inclusive of any options periods)
• Government Agency/Organization
• COTR’s name, email address, and phone number
• Contracting Officer’s name, email address, and phone number
• Current status, e.g., completed and/or if in progress, start and estimated completion dates
• A brief narrative of why you deem the reference to be relevant to this effort
The Government may also consider information obtained through other sources. Past performance information will be utilized to de-termine the quality of the contractor’s past performance as it relates to the probability of success of the required effort.
PRICING QUOTE (Volume 2) Your price quote shall be a separate volume from your technical quote. The Government anticipates that Offerors will submit pricing quotations in the form of a Firm-Fixed unit pricing. Pricing structures representing standard commercial or best practice may be con-sidered, but must be clearly noted in your price proposal if they deviate from the requested contract type.
The price data shall be segregated from the technical, and identified as to base and option line items.
Price quotes shall include the following:
1) A price for each distinct CLIN (Firm-Fixed Price), for Base and all Option Years, including an Effective Annual Value, based upon the Estimated Annual Quantities referenced in the Specifications of Section 1.2.
2) Any minimum quantity required of a BPA Call for effective sea freight shipment to Antwerp, Belgium.
2) A price for containerization/freight for X Quantity, and an Effective Freight Rate per Net.
3) All other costs and all price reductions offered
RFQ DUE DATE
The due date for responses to this RFQ, both technical and price quotes, shall be via email ONLY at the addresses specified below, on or before 6:00pm Eastern Daylight Time, Thursday, May 1, 2014. Any “no-bid reply” may be submitted electronically and should in-clude a brief statement as to why you are unable to submit an offer at this time.
ADDRESS FOR RECEIPT OF OFFERS
Please submit your offers electronically to the following email address: kunzelc@state.gov
If you have any questions regarding this request, please contact Lauren Kunze by e-mail at kunzelc@state.gov. All questions must be submitted in writing, and submitted as soon as possible, but no later than Wednesday, April 16, 2014. Government responses to Of-feror questions will be posted as an amendment ot this solictiation. The Government will make every attempt to address follow-up questions after April 16th, but cannot be guaranteed.
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 Ability & Approach Organizational Experience & Past Performance Price
Technical and past performance, when combined, are more important than 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 op-tion prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) 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 of-fer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received be-fore award.
EVALUATION FACTORS
A. Technical Ability & Approach The Offeror's technical approach will be evaluated to determine the extent to which the Offeror has developed a strategy for the effect-ive and efficient management of contract activities to successfully fulfill the requirements of the Statement of Work. The ability of the proposed product to meet all of the salient specifications and requirements outlined in the Statement of Work. The Offeror's approach to ensuring the quality of the mosquito nets and the timely, secure delivery will also be evaluated.
B. Organizational Experience & Past Performance This factor will evaluate the relative success & relevancy of the Offeror's past performance in the management of projects similar to the requirement outlined in the Statement of Work during the last three (3) years. The Government will determine whether the Offer-or's experience provides evidence that the organization has current capabilities and experience to assure successful performance of this requirement. The evaluation will focus on the Offeror's technical understanding and capability as demonstrated by the size, scope, complexity, and results achieved in the completion of actual contracts similar to those expected under this contract. Technically simil-ar tasks will be rated more highly than less relevant tasks.
C. Price/Cost Technical Factors, when combined, are more important than price. As technical proposals are found to be similar in evaluation, price will become a stronger determining factor. Selection of the firm to perform this task order will be based on the Government’s assess-ment of the best overall value.
The offeror’s price proposal will be evaluated to determine reasonableness.
BPA AWARD
Award of the BPA shall be made to the responsible Offeror whose offer, in conforming to this RFQ, provides an overall best value to the Government, technical evaluation factors and price considered. The Government's objective is to obtain the highest technical quality considered necessary to achieve the project objectives, with a realistic and reasonable price. Technical evaluation factors, when combined, are more important than price. In the event quotes are evaluated as technically equal in quality, price will become a major consideration in selecting the successful Offeror.
(End of provision)
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