Tab 12 Combined- sole source.rtf

FA8224-20-Q-0050 - SOLE SOURCE – CMBRE TAU Power Supplies - NAICS 334419 - SIZE STANDARD 750 – FSC CODE 7045 Anticipated Issue Date: 06 August 2020 - Closing Date: 21 August 2020 - 1:00 PM MST

While conducting market research the Hill AFB Program Office was notified that Ensign Power Systems Inc., the manufacturer of the power supply units, indicated that they did not have resellers for the power supplies. Hill Air Force Base, Software Engineering Group, located in Ogden, UT anticipates awarding a Firm-Fixed Price (FFP) contract to Ensign Power Systems Inc.; 2175 Citrine Court Loveland, Colorado, 80537; Cage Code: 05ZM0; DUNS: 932249048. Anticipated contract award date is 31 Aug 2020.

This is a combined synopsis/solicitation for commercial software/support prepared in accordance with the format in FAR Subpart 12.6, - streamlined procedures for evaluation and solicitation for commercial supplies - as supplemented with additional information included in this notice. This is the Government’s notice to solicit and negotiate with only one source under the authority of FAR 6.302. Sole source will be to Ensign Power Systems Inc. for Qty. 10, power supply units. This announcement constitutes the only solicitation; a quote is being requested and a written solicitation will not be issued. This combined synopsis solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-95. This notice is not a request for competitive proposals. However, information received will be considered solely for the purpose of determining whether to conduct a competitive procurement.

The Air Force intends to place a Single, Firm-Fixed Price contract without discussions to the responsible offeror. The offer must conform to the equipment list and will be Best Value to the Government. Best Value is the most advantageous offer, price and other factors considered with the Government's stated importance of evaluation criteria. It is the Government's intent to award on an "all-or-none" basis to satisfy this requirement. This acquisition is for Sole Source, under NAICS code 334419, Size Standard 750.

Schedule of Items:

See the attached document titled: Request for Quote FA8224-20-Q-0050

The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition.

(ix) A statement regarding the applicability of the provision at 52.212-2, Evaluation-Commercial Items, if used, and the specific evaluation criteria to be included in paragraph (a) of that provision. If this provision is not used, describe the evaluation procedures to be used.

Offerors should include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with response to RFQ.

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

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition.

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

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— “Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

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

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

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

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

(End of provision) 52.212-2 Evaluation-Commercial Items.

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 Request for Quote will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers in accordance with FAR 15.304 in descending order of importance of the evaluation factors :

technical capability of the item offered to meet the Government requirement;

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 acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)