AO_PMD_RFQ_USCA19R0076_Ballistic_Barrier_for_FSO_20190702.pdf

SOLICITATION/CONTRACT/ORDER

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

ADM190039

5. SOLICITATION NUMBER

USCA19R0076

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/02/2019

7. FOR INFORMATION CALL: a. NAME b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

07/16/2019

2:00:00 PM ET

CODE PMD

Procurement Management Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite 3-250 Washington, DC 20544-0001

9. ISSUED BY 10.

NOT USED

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS 13.

NOT USED X RFQ RFP

14. METHOD OF SOLICITATION

ADMCODE15. DELIVER TO

AO Administrative Services Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite G-350 Washington, DC 20544-0001

CODE16. ADMINISTERED BY (if other than Block 9)

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

ADMCODE18a. PAYMENT WILL BE MADE BY AO Administrative Services Division Administrative Office of the United States Courts One Columbus Circle, N.E.

Suite G-350 Washington, DC 20544-0001

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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 continuation pages, starting at Section A.1 through Section M. 3 (pages 2-27) for additional details regarding this solicitation.

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27. Applicable terms and conditions are as stated in the continuation pages.

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) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

USCA19R0076 - Page 1 of 27

Anethra A. Facione

Anethra A. Facione 202-502-3281

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212 x 1

Table of Contents

SECTION A – SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

A.1 SOLICITATION CONTINUATION PAGES

SECTION B – PRICE/COST DATA

B.2 PRICE/COST SCHEDULE

SECTION C – SOLICITATION DESCRIPTION OF SOURCES SOUGHT

C.1 STATEMENT OF WORK

C.2 GOVERNMENT AND VENDOR RESPONSIBILITIES

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION PROCESS

E.2 ACCEPTANCE STANDARDS

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ASSIGNMENT OF POINTS OF CONTACT

G.2 REPORTING REQUIREMNTS

G.5 INVOICING PROCEDURES

SECTION I – CONTRACT PROVISIONS AND CLAUSES

I.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

I.2 SOLICIATIONS CLAUSES INCORPORATED BY REFERENCE

I.3 OTHER CONTRACT PROVISIONS AND CLAUSES

SECTION L – INSTRUCTIONS TO OFFERORS

L.1 SUBMISSION OF SOLICIATION QUESTIONS

L.2 SUBMISSION OF SOLICITATION RESPONSE QUOTATIONS

SECTION M – EVALUATION FACTORS AND BASIS OF AWARD

M.1 BASIS OF AWARD

M.2 EVALUATION CRITERIA

M.3 RATING DEFINITIONS

USCA19R0076

SECTION A – SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS

A.1 SOLICITATION CONTINUATION PAGES

(continuation from Standard Form 1449)

I. CONTRACT DATA ADMINISTARTION: All contract administration matters will be handled by the following individuals:

a. VENDOR: TBD

b. GOVERNMENT: Contracting Officer, Anethra Facione Administrative Office of the United States Courts Procurement Management Division 1 Columbus Circle, NE Washington, DC 20002

II. VENDOR REMITTANCE ADDRESS: All payments by the Government to the Vendor will be made in accordance with (IAW):

[] 52.232-34, Payment by Electronic Funds Transfer - Other than Central Vendor Registration, or

[] 52.232-36, Payment by Third Party

III. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Annually

IV. GOVERNMENT INVOICE ADDRESS: All invoices from the Vendor shall be mailed to the following address:

TBD

V. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

SECTION B – PRICE/COST DATA

B.2 PRICE/COST SCHEDULE

REQUIREMENT: Ballistic Barrier

Line Item# Description Quantity Unit Unit Price Total

BASE PERIOD

Ballistic Barrier: Physical security shield, National Institute Justice (NIJ) Level III. for AOUSC FSO per Section C.1 - III of the Statement of Work contained here within. Performance period is Date of Award through 2 months from Date of Award.

1 EA

BASE PERIOD OF PERFORMANCE

TOTAL BASE PLUS ALL OPTION PERIODS $

SECTION C – SOLICITATION DESCRIPTION OF SOURCES SOUGHT

C.1 STATEMENT OF WORK

I. Background

The Administrative Office of the United States Courts (AOUSC), housed within the Thurgood Marshall Federal Judiciary Building (TMFJB), is an agency within the judicial branch that provides a broad range of legislative, legal, financial, technology, management, administrative and program support services to federal courts. A primary responsibility of the AOUSC is to provide staff support and counsel to the Judicial Conference and its committees. The AOUSC’ Facilities and Security Office (FSO) recently performed a physical security assessment of the TMFJB, which yielded the building as being classified as a Level IV Security Facility. As a result of the assessment, the AOUSC requires updates throughout to meet the Level IV protection standards.

II. Objective

The intent of the AOUSC is to procure a mobile ballistic protection barrier for the protection and security of TMFJB’s personnel. Mobile ballistic barriers are currently utilized at US Courthouses and federally owned or leased facilities in the United States to ensure the personal protection of law enforcement officials, security personnel, property and assets.

The custom ballistic barrier shall provide additional protective measures against threats to the TMFJB security personnel, property and assets as generally required.

III. Scope of Work

In support of AOUSC’ intent of meeting higher standards for protecting the building and its assets, including the individuals that work, visit and transact business at the TMFJB, the FSO is seeking to procure ballistic barriers at one of the TMFJB’s front, pedestrian entrance. The AOUSC anticipates award to a Vendor that will be able to provide a ballistic mobile barrier rated to the National Institute Justice (NIJ) Level III. The custom ballistic barrier will be affixed to an existing x-ray unit frame, as an additional security barrier, with a vertical post to support shelving for keyboard tray.

A. Government Security Requirements

The TMFJB is a federal facility with 100% identification (ID) check. All visitors must provide a valid government issued photo ID to access the TMFJB.

All Visitors upon entering the TMFJB are subject to body scanning via walk-through metal detectors and/or searches.

B. Description of Services/Supplies Sought By way of this request for quotation (RFQ) solicitation, the AO FSO is seeking to secure an area of its main entry, by acquiring a protection and work barrier. The Vendor shall be able to provide a barrier that meets or is equivalent to meeting the following specifications and/or descriptions as outlined below as a result of this RFQ solicitation:

1. One (1) mobile ballistic barrier modular and ballistic shield rated to NIJ Level III, or equivalent, with metal casters which can be locked and unlocked

2. Ballistic barrier shall be able to be affixed to an existing x-ray unit frame with vertical post to provide support for keyboard tray and opening for keyboard cable (see Attachment A and A1 for ideal design and features).

3. Ballistic barrier shall have shelving for a keyboard and opening for keyboard cable.

4. Ballistic barrier shall have silver/gray material concealed to cover the rated NIJ Level

III, lower front and back sides for protection.

5. Ballistic barrier shall have a L shape design with a low wing wall for stabilization, with a maximum height of 1’ and 11” from floor, 2’-8” long (see Attachment A and A1).

6. Ballistic barrier shall include a rated NIJ Level III transparent ballistic glazing shield approximately 18” in height and shall be attached at the top of the lower metal ballistic rated NIJ Level III bottom (see Attachment A for ideal design and features).

Ballistic barrier shall consist of three sections (see Attachment A and A1):

a. 2’-8” L x 1’-11” H (metal)

b. 8’-0” L x 6’-0” H (three equal sections, Bottom 4’-2” is metal and top 1’-10” is glass)

c. 1’-8” L x 6’-0” H (Bottom 4’-2” is metal and top 1’-10” is glass)

7. Total overall height of the ballistic mobile barrier with ballistic transparent shield shall not exceed 6 feet (measured from finished floor).

H. Ballistic barrier shall have a silver/gray base trim, or similar, to match the color of the material concealed.

8. Ballistic barrier shall have a 1-year warranty from the date of acceptance by the

Government on the workmanship and a 5-year warranty on the integrity of the ballistic material.

In addition to, the Vendor shall be able to:

1. Provide installation / assembly of ballistic mobile barrier on site (at the TMFJB, see

Attachment B) if product comes unassembled and must be assembled by the manufacturer and/or designated representative due to warranty and/or liability.

2. Provide a certificate of authenticity which certifies the ballistic rating of the ballistic mobile station.

3. Deliver the ballistic barrier at the TMFJB (including over the existing bollards, up steps, and through doorway) as necessary for the ballistic barrier to be immediately operational at point of Vendor’s departure (see Attachments B, C and D).

4. Deliver the ballistic barrier on its conveyance at the destination as specified by and coordinated with the government (see Section IV Place of Performance and Deliver).

5. Be responsive and responsible for the ballistics barrier and shipping of the ballistic barrier, as well as any risk of loss prior to actual delivery and successful installation to/at the government’s specified destination.

6. Provide a picture of the ballistic barrier intended to be delivered to the AOUSC within 1-2 weeks prior to coordinated shipping.

7. Provide the proper equipment, tools, materials, supplies and personnel to lift the ballistic barrier and its related parts over the existing bollards (see Attachment C), as well as the 8 steps leading to 2nd Street TMFJB Plaza Landing pedestrian entrance (see Attachment C).

8. Provide the shipping details of the ballistic barrier.

9. Deliver the ballistic barrier within 60 days or less after receipt of order.

C. Packing/Packaging/Shipping Requirements

The Vendor shall coordinate with the designated government official on the date and time of ballistic barrier delivery and installation. A notice of shipment shall be sent to the government’s designated official at the time of shipment, which shall include: 1) the order number, 2) quantity, 3) description of the product being shipped, 4) estimated arrival date and time, 5) any tracking details, as applicable. All goods shall be suitably packed, marked and shipped in requirements of common carriers. Unless otherwise stated, all charges and expenses including, not limited to packing, crating and cartage, shall be included in the Vendor’s overall quoted price.

The Vendor is solely responsible, unless otherwise agreed to by the government, to schedule deliveries of equipment, tools, materials and supplies at a time mutually agreed upon and in advance of product (i.e., ballistic barrier) delivery. The Vendor shall provide all necessary personnel, equipment, tools, machinery and product(s) needed to properly, safely and securely load, offload, deliver and install the ballistic barrier to the TMFJB to obtain a timely inspection of the final product as required and to verify acceptability by the government.

The Vendor shall bear full responsibility for delivery of all parts and components to the Thurgood Marshall Federal Judiciary, One Columbus Circle, NE in Washington, DC 20002. If the Vendor designates an alternate representative to deliver and install the ballistic barrier, the awarded Vendor is solely responsible for ensuring that such representative strictly complies with the terms and conditions of the contract’s terms and conditions.

D. Installation and Cleanup Requirements The Vendor must understand that the ballistic barrier shall be delivered to the 2nd Street entrance of the TMFJB as coordinated with the designated government official. The 2nd Street entrance is located at 2nd and F Street NE Washington DC, 20002. The TMFJB perimeter is protected by stationary vehicle bollards along the curb line (see Attachment C). The Vendor shall provide the proper equipment and or tools to lift the ballistic barrier and its related parts over the existing bollards. Vendor shall provide the proper equipment and or tools to move the ballistic barrier and it related parts from the 2nd Street curb up the 8 steps leading to 2nd Street TMFJB Plaza Landing pedestrian entrance (see Attachment C).

The Vendor shall keep the premises and surrounding area(s) free from accumulation of waste materials or rubbish caused by operations and installation of the ballistic barrier until departing the government facility (TMFJB). At completion of the ballistic barrier haul, setup and installation work, the Vendor shall remove from the area, any waste materials, rubbish, tools, installation and construction equipment, machinery and/or surplus materials.

Vendors are encouraged to view all attachments to this solicitation: Attachment A and A1-Ballistic Barrier Upright Angle and Birdseye View Angle, Attachment B- Ballistic Barrier Installation and Permanent Location, Attachment C-TMFJB 2nd Street Entry with Bollards and Steps, Attachment D-TMFJB 2nd Street Entry Doorway

IV. Place of Performance and Delivery

The selected Vendor will deliver the ballistic shield to the Administrative Office of the U.S.

Courts Thurgood Marshall Federal Judiciary Building located at 1 Columbus Circle, NE in Washington, DC (zip code 20002). However, the delivery location and coordination are as follows:

Delivery Location Delivery Location: 2nd and F street NE Washington, D.C. 20002 Delivery Hours: Mondays through Fridays; 10:00 AM Easter Time (ET) – 4:00 PM ET

Delivery Coordination Government POC Name: TBD Contact Phone: TBD Contact Email: TBD

The Vendor shall coordinate with the designated government official on the date of delivery after receipt of order/contract. Should the Vendor discover at any time after the receipt of order that the delivery time shall exceed 60 days from the date of which the order/contract is received by the Vendor, s/he shall notify the designated government official immediately (within 24 hours of becoming aware) with a detailed explanation of the delay, along with a new estimate of delivery date. Final acceptance of the revised delivery date is subject to review(s) and approval(s) of the government’s designated official and/or Contracting Officer (CO). As a result of any changes to the order/contract, including delivery and installation date beyond 60 days shall be done by way of a modification, as presented and executed by the CO.

V. Period of Performance

The estimated performance period and life of any resulting order or contract shall be for a total of 2 months from date of award (DOA). The government anticipates an award date within the next 30 days and that a new ballistic barrier will be acceptably installed no later than Friday, September 27, 2019.

Base Period – CLIN 0001 Date of Award (DOA) through 2 months from DOA

Scheduling for delivery and installation shall be during hours of the Judiciary operation only.

The Federal Holidays observed by the Judiciary are similar to those as outlined by the Office of Personnel Management set by law (5 U.S.C. §6103) that are followed by the Judiciary/AOUSC are identified in table below:

AOUSC’s Observed Federal Holidays

Federal Holidays Designated Dates

New Year’s Day January 1 Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans’ Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25

VI. Contract Type

The Judiciary (AOUSC) anticipates award of a Firm-Fixed Price (FFP) type contract under this solicitation, and all offers shall be submitted on this basis. Alternate offers based on other contract types will not be considered. It provides maximum incentive for the awarded Vendor to control costs and perform effectively and imposes a minimum administrative burden upon the contracting parties. During the term of this FFP contract, the Government may require additional effort to successfully accomplish the Government’s (AOUSC’s) scope requirements.

Any changes in the terms and conditions of this contract may be made only by written agreement of both parties and can only be instructed by the Contracting Officer (CO) listed for this contract.

VII. Travel

The cost for travel as it relates to delivery and installation shall be included in the overall quoted price for which the ballistic barrier is required. No other travel costs will be considered, including fuel, per diem and/or lodging.

C.2 GOVERNMENT AND VENDOR RESPONSIBILITIES

I. Warranty Requirements and Security Breach Procedures

The Vendor shall provide, from the date of installation and acceptance by the Government, a 1-year warranty on the workmanship of the ballistic barrier and a 5-year warranty on the integrity of the ballistic material.

II. Government Responsibilities

The Judiciary’s designated official will be responsible for notifying the Vendor if there is any issue with the ballistic barrier within 30 days from performance of the installed ballistic barrier, outlining the deficiencies and providing details of when the issues started. The government official will provide follow up information and coordinate a quick resolve with the Vendor.

The Judiciary’s official will provide the awarded Vendor with the Judiciary Facilities and Security Office’s guidance and other policies regulating compliance with the Judiciary’s security requirements.

All final products, draft documents, proposed or instructional outlines, guides, reports and/or plans created or modified in connection with a contract for the products/services sought shall become the property of the Government (AOUSC). No information or documents will be transmitted or transported outside the physical or virtual limits of the Judiciary without prior approval of the CO or designated official. The Vendor will be required to return and/or discard all government-furnished information to the Judiciary’s designated official(s) upon completion or termination of the contract.

III. Vendor Responsibilities

The CO is the only person authorized to approve changes or modify any of the requirements under this contract on behalf of the Judiciary. In the event the Vendor effects any changes(s) at the direction of any person other than the CO that change shall be considered to have been made without authority and no adjustment in price shall be made in the contract to cover any increase in charges incurred as a result thereof. The Vendor shall submit all requests for modification of the contract and any inquiries pertaining to the administration of the contract to the CO’s attention via: Phone – 202.502.3281; Email – Anethra_Facione@ao.uscourts.gov;

Courier – Administrative Office of the United States Courts, Procurement Management Division, Attention: CO-Anethra Facione, 1 Columbus Circle, NE, Washington, DC, 20002.

All contract administrative matters shall be submitted to the following government (AOUSC/Judiciary) designated officials as the primary points of contact (POCs), including the Contracting Officer’s Representative (COR) and/or Project Manager (PM) for immediate action(s) in coordination with the Contracting Officer (CO):

Name: TBD Title: COR Address: TBD Phone Number: TBD Email address: TBD

Title: PM Address: TBD Phone Number: TBD Email address: TBD

The Vendor shall designate a person to be contacted during the period of this contract for prompt administration.

mailto:Anethra_Facione@ao.uscourts.gov

Title: Project/Technical Manager (PM) Address: TBD Phone Number: TBD Email address: TBD

IV. Security Assurance and Acceptance

The selected Vendor must ensure individuals required to access the TMFJB for delivery and/or installation have a valid government issued ID at time of ballistic barrier delivery and setup/installation. The selected Vendor will be advised of allowable items upon entering the TMFJB for delivering the ballistic barrier. At this time, below is a general list of items that are prohibited by any Visitors of the TMFJB, noting that this list is not all-inclusive, including:

Firearms, replica guns, pellet guns, ammunition, knives, mace/pepper spray, explosives, toxic fluids (e.g., acid), drugs or drug paraphernalia.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION PROCESS

The Judiciary has the right to inspect and/or test all products provided under this contract, to the extent practicable, at all times and places, including the period of manufacture, and in any event before acceptance. The Judiciary will perform inspections and/or tests in a manner that will not unduly delay the work or installation. The Judiciary assumes no contractual obligation to perform any inspection and/or test for the benefit of the Vendor unless specifically set forth elsewhere in this contract.

The Judiciary may require the Vendor to correct or replace any part(s) and/or product(s) that fail to comply with the requirements of the contract. Parts and/or products are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. The Judiciary may reject nonconforming items or nonperforming services with or without disposition instructions. Upon determining that the products are nonconforming or services are nonperforming, the Judiciary may, at its discretion:

(1) require replacement or correction of the defective parts and/or products;

(2) require rework or entirely new work of services lacking the ability to meet service standards;

(3) acquire replacement part(s) and/or product(s) from another source, and charge the Contractor for any costs incurred by the judiciary; or

(4) accept the nonconforming part(s) and/or product(s) or nonperforming services at a reduced price.

E.2 ACCEPTANCE STANDARDS

Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract. Unless the contract specifically provides otherwise, risk of loss of or damage to products shall remain with the contractor until, and shall pass to the Judiciary upon:

(1) delivery of the products to a carrier, if transportation is F.o.b. origin; or

(2) acceptance by the judiciary or delivery of the product(s) to the judiciary at the destination specified in the contract whichever is later, if transportation is f.o.b. destination.

Products that so fail to conform to contract requirements as to give a right of rejection shall remain with the Contractor. The risk of loss of or damage to such non-conforming products remains with the Vendor until cure or acceptance. After cure or acceptance, the risk of loss or damage shall pass to the Judiciary.

The Vendor shall not be liable for loss of or damage to products caused by the negligence of officers, agents, or employees of the judiciary acting within the scope of their employment

Acceptance shall be deemed to have occurred only after the Vendor’s delivery of a ballistic barrier has fully met the following criteria:

(1) the ballistic barrier meets the technical specification and delivery details as aforementioned and as coordinated with the designated government official;

(2) Installation area is free of all waste materials, Vendor’s tools, installation and construction equipment, and surplus materials;

(3) the Vendor provides a copy of the warranty; and

(4) the Vendor provides a certificate of authenticity which certifies the ballistic rating of the ballistic mobile barrier.

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 ASSIGNMENT OF POINTS OF CONTACT

The CO is the only person authorized to approve changes or modify any of the requirements under this contract on behalf of the government. In the event the Vendor effects any changes(s) at the direction of any person other than the CO, that change shall be considered to have been made without authority and no adjustment in price shall be made in the contract to cover any increase in charges incurred as a result thereof. The Vendor shall submit all requests for modification of this contract and any inquiries pertaining to the administration of the contract to the designated CO.

The CO will appoint a COR in writing for any subsequent contract as a result of this RFQ. The COR, in collaboration with the government’s PM, will verify for the Government, all work called for by the contract and will represent the CO in the contract’ technical phases of the work. The COR will provide no supervisory or instructional assistance to Vendor personnel. The Vendor shall designate a primary POC during the period of the contract for prompt accessibility and administration, i.e., Contracts Manager. The Vendor shall also provide a POC with immediate accessibility during the period of performance for identified scope tasks, project concerns, questions, or issues, i.e., PM.

The Vendor-supplied personnel are employees of the Vendor and under the administrative control and supervision of the Vendor. The Vendor, through its personnel, will perform and provide the products and services as prescribed within the SOW section of this RFQ. The Vendor will select, supervise, and exercise control and direction over its employees under this contract. The Vendor will not supervise, direct, or control the activities of Government personnel or the employee of any other Vendor. The Government will not exercise any supervision or control over the Vendor in its performance of contractual services under this contract. The Vendor is accountable to the Government for the action of its personnel.

G.2 REPORTING REQUIREMNTS

The COR and PM are the Judiciary’s designated officials that the Vendor shall contact for any specific technical clarifications, installation and delivery details, and/or corrective actions during routine oversight, inspection and acceptance for the life of the contract. The COR is delegated per a COR Designation Letter, issued and authorized by the CO. The COR, in conjunction with the PM, will be responsible for the inspection and acceptance of all products received and/or services rendered by the awarded Vendor, in addition to documenting deliveries.

G.5 INVOICING PROCEDURES

The Vendor shall follow the procedures as outlined in the Judiciary’s invoicing procedures, in accordance with clause 7-25—Invoices, to ensure proper billing and payment:

(a)Invoices shall be submitted to the address:

ATTENTION: TBD

LOCATION: TBD

as specified in this contract and in accordance with any schedule for payments set forth elsewhere under this contract.

(b)The office that will make payments due under this contract will be designated in the contract at the time of contract award.

(c)To constitute a proper invoice, the billing document shall include the following information and/or attached documentation:

(1) name of business concern and such business's Taxpayer Identification Number;

(2) period(s) covered by invoice and invoice date;

(3) purchase order or contract number or other authorization for delivery of property or services, e.g., delivery/task order number for orders under indefinite delivery contracts;

(4) for each line item — general description of product delivered or services rendered, measured unit, and associated price;

(5) any applicable payment discount terms;

(6) total amount billed;

(7) a subtotal of any and all fees or credits applied to the invoice;

(8) an amount due (if any) or credit balance;

(9) name (where practicable), title, phone number, fax number, and complete mailing address of the responsible official to whom payment is to be sent. The "remit to" address shall correspond to the remittance address in the contract;

(10) other substantiating documentation or information as required by the purchase/delivery/task order or contract;

(11) all follow-up invoices shall be marked "Duplicate of Original." Contractor questions regarding payment information or check identification shall be directed to the relevant paying authority specified in the contract.

SECTION I – CONTRACT PROVISIONS AND CLAUSES

I.1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

B-1 This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer.

Also, the full text of a solicitation provision may be accessed electronically at this address:

http://www.uscourts.gov/procurement.aspx

(END)

AO Provision Title Date 3-100 Instructions to Offerors APR 2013

I.2 SOLICIATIONS CLAUSES INCORPORATED BY REFERENCE

B-5 This procurement incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the contracting officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.uscourts.gov/procurement.aspx

AO Clauses Title Date 1-1 Employment by the Government JAN 2003 1-5 Conflict of Interest AUG 2004 1-10 Gratuities or Gifts JAN 2010 1-15 Disclosure of Contractor Information to the Public AUG 2004

2-25A Delivery Terms and Contractor's Responsibilities JAN 2003 2-35 F.o.b. Destination, Within Judiciary's Premises JAN 2003 2-45 Packaging and Marking AUG 2004 2-60 Privacy or Security Safeguards JAN 2003 3-3 Provisions, Clauses, Terms and Conditions - Small Purchases JUN 2014 3-5 Taxpayer Identification and Other Offeror Information APR 2011

3-155 Walsh-Healey Public Contracts Act JUN 2012 3-205 Protest After Award JAN 2003 7-25 Indemnification AUG 2004 7-30 Public Use of the Name of the Federal Judiciary JUN 2014 7-35 Disclosure or Use of Information APR 2013 7-40 Judiciary-Contractor Relationships JAN 2003 7-60 Judiciary-Furnished Property or Services JAN 2003 7-95 Contractor Inspection Requirements JAN 2003

7-140 Discounts for Prompt Payment JAN 2003 7-150 Extras JAN 2003 7-185 Changes APR 2013 7-210 Payment for Emergency Closures APR 2013

I.3 OTHER CONTRACT PROVISIONS AND CLAUSES

2-30A TIME OF DELIVERY (APR 2013)

(a) The judiciary requires all items to be delivered by no later than Friday, September 27, 2019. The offeror shall propose delivery of all items by no later than Friday, September 27, 2019.

(b) The judiciary will evaluate equally, as regards time of delivery, offers that propose delivery within the period specified above. Offers that propose delivery that will not clearly fall within the required delivery period will be deemed unacceptable. The judiciary reserves the right to award on the basis of either the required delivery schedule or the proposed delivery schedule when an offeror proposes an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

(c) The required delivery schedule may be stated in terms of days after the effective date of the contract award or specific dates.

(END)

2-30B DESIRED AND REQUIRED TIME OF DELIVERY (JAN 2010)

(a)The judiciary desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN APPLICABLE SPECIFIED

TIME FRAME

Ballistic Barrier 1 12:00 PM ET, Friday, September 27, 2019

(END)

2-75 LIQUIDATED DAMAGES (JAN 2003)

(a) If the Vendor fails to complete delivery of the products, or performance of the services within the time specified in this contract, or any extension, the contractor shall, in place of actual damages, pay to the Judiciary the estimated value for the current operating period for which the Vendor is performing services or providing products or up to 100% of the assessed damages, not to exceed the overall contract value for liquidated damages as agreed for each calendar day of delay.

(b) Alternatively, if completion of delivery or performance is delayed beyond the contract dates, the Judiciary may, at its sole discretion, terminate this contract in whole or in part under the Termination for Default clause, and the contractor shall be liable for the agreed liquidated damages accruing until the time the Judiciary may reasonably obtain delivery or performance of similar products or services. The liquidated damages will be in addition to excess costs of re-procurement.

(c) The Vendor will not be charged with liquidated damages when the delay in completion of delivery or performance arises out of causes beyond the control and without the fault or negligence of the Vendor.

4-1 TYPE OF CONTRACT (JAN 2003)

The Judiciary plans to award a firm-fixed-price (FFP) type of contract under this solicitation, and all offers shall be submitted on this basis. Alternate offers based on other contract types will not be considered.

7-50 Parking (APR 2013)

There is no contractor parking available at the Thurgood Marshall Federal Judiciary Building (TMFJB). In the event that this contract requires the delivery of equipment or materials to the TMFJB, the contractor shall park delivery vehicles at designated locations within the TMFJB Complex ONLY WHILE LOADING AND UNLOADING THE VEHICLE. Arrangements for pick-up and delivery at the TMFJB shall be coordinated with the Contracting Officer's Representative (COR) and made in accordance with building management policies.

(END)

7-130 INTEREST (PROMPT PAYMENT) (JAN 2003)

The provisions of the Prompt Payment Act of 1982 and OMB Budget Circular A-125 concerning interest on overdue payments are not applicable to the Judiciary. Therefore, interest is not payable under this contract for overdue payments.

(END)

7-135 PAYMENTS (APR 2013)

The Judiciary will pay the contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for products delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment will be made on partial deliveries accepted by the Judiciary if:

(1) the amount due on the deliveries warrants it; or

(2) the Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

Unless authorized elsewhere in this contract, payments will not be made more often than monthly.

SECTION L – INSTRUCTIONS TO OFFERORS

L.1 SUBMISSION OF SOLICIATION QUESTIONS

I. Questions Submission File

Vendor’s response shall be submitted IAW the following instructions:

Questions Requirements. The questions submission shall be clearly typed and submitted as a Microsoft Word (.doc/docx) file, an Acrobat (PDF) file OR compatible format, and submitted via email as no questions will be accepted by telephone. Vendors must include Ballistic Barrier Solicitation Questions in the subject line. The Judiciary’s answers to questions shall be provided via an amendment with an attachment for review no later than (NLT) 2 business days from the close date of questions submissions date.

The use of any hyperlinks in questions submissions are prohibited.

II. Questions Submission Instructions In response to this RFQ, interested Vendors shall submit questions regarding any aspect to the main POC, Anethra Facione.

Questions Submission. Any questions regarding this solicitation shall be submitted no later than (NLT) 2:00 PM ET on Monday, July 8, 2019 to Anethra Facione via E:

Anethra_Facione@ao.uscourts.gov

L.2 SUBMISSION OF SOLICITATION RESPONSE QUOTATIONS

I. Quotation Restrictions

All Offerors interested in responding to this RFQ shall be asserted under any of the North American Industry Classifications (NAICSs), including 332311—Prefabricated Metal Building and Component Manufacturing, 332313—Plate Work Manufacturing, 337211—Wood Office Furniture Manufacturing, 332618—Other Fabricated Wire Product Manufacturing, and 337215—Showcase, Partition, Shelving, Locker Manufacturing, 332323—Ornamental and Architectural Metal Work Manufacturing or 327215—Glass Product Manufacturing Made of Purchased Glass. All Vendors submitting a quotation package in response to this RFQ must also be registered in the System for Award Management (SAM), having no exclusions at the time of RFQ close with any of the listed NAICS aforementioned. The Vendor’s quotation submission package shall consist of three (3) volumes, or otherwise, one (1) page.

The Volumes are I –Technical (including all sub-factors), II –Past Performance (where applicable), and III – Price (see Section B.1 Price/Cost Schedule), in which all can be presented on one (1) page, limited to a maximum of three (3) pages.

II. Quotation Submission File

Vendor’s response shall be submitted IAW the following instructions:

Quotation Requirements. The submission shall be clearly indexed and logically assembled. Each volume shall be clearly identified and shall include a cover page. All pages of each volume shall be appropriately numbered. Quote page limitations are applicable to this procurement. The table below indicates the maximum page count (when applicable) for each volume of the Offeror’s quotation submission package. All files will be submitted as a Microsoft Word (.doc/docx) file, an Acrobat (PDF) file or compatible.

Page size shall be no greater than 8 1/2" x 11". The top, bottom, left and right margins shall be a minimum of one inch each. Font size shall be no smaller than 11-point, and in Arial or Times New Roman. Line spacing shall be set at no less than single space. Each paragraph shall be separated by at least one blank line. Page numbers, company logos, headers and footers may be outside the page margins. Footnotes to text shall NOT be used. If the Offeror submits annexes, documentation, attachments or the like, not specifically required by this solicitation, such will count against the Offeror’s page limitations unless otherwise indicated in the specific Volume instructions below. Pages in violation of these instructions, either by exceeding the margin, font or spacing restrictions or by exceeding the total page limit for a particular volume, will not be evaluated. In regards to page limitations, this does not include a cover/title page or table of contents. The page count will be determined by counting the pages in the order they come up in the print layout view, less the cover/title page or table of contents (as applicable).

Volume Numbers Factors Page

Limit

Volume I Technical Factor (including subfactors identified below) 1

Volume II Past Performance Factor 1 Volume III Price Factor 1 Max Total Number of Pages for all Volume Submission 3

The use of any hyperlinks in quotation submissions are prohibited.

Content Requirements. All information shall be confined to the appropriate file. The Offeror shall confine submissions to essential matters, sufficient to define the quotation and provide an adequate basis for evaluation. Vendors are responsible for including sufficient details, in a concise manner, to permit a complete and accurate evaluation of each quotation.

III. Quotation Submission Instructions

In response to this RFQ, interested Vendors shall submit a quotation submission package for consideration to the main POC, Anethra Facione.

Quotation Submission. All responsible sources may submit a quotation that, if timely received, shall be considered by the government (i.e., AOUSC/Judiciary). The quotation submission must include the solicitation number, be signed and dated acknowledging full agreement with all the terms, conditions, provisions and clauses identified within this solicitation document. Vendors that fail to furnish required information, or acceptance of the Judiciary’s terms, conditions, provisions and/or clauses outlined within this solicitation may be excluded from consideration.

In response to this RFQ, interested Vendors shall submit a response to the main POC, Anethra Facione addressing all non-price, i.e., technical (including sub-factors) and past performance, as well as the price factor in response to all evaluation criteria.

Quotation submission packages must be received by the solicitation close date and time: NLT

Tuesday, July 16, 2019 at 2:00 PM ET. The Offeror shall submit its quotation submission package (Volume I, II, III), including any attachments, via email by the aforementioned solicitation close date and time. Mailed quotation submission packages will not be permitted as responsive to this solicitation. Vendors must include Ballistic Barrier RFQ #USCA19R0076 Response Quote in the subject line when submitting your quotation for consideration.

Point of Contact. The government’s point of contact for this RFQ is Anethra Facione, Contracting Officer/Contract Specialist, and may be contacted at Anethra_Facione@ao.uscourts.gov

SECTION M – EVALUATION FACTORS AND BASIS OF AWARD

M.1 BASIS OF AWARD

The proposed acquisition will utilize the best value for awarding the contract resulting from this RFQ. An Offeror will be selected based on their ability to provide the best value (i.e., lowest price, technically acceptable) at a price that is fair and reasonable to the Government. For the purpose of this requirement, the selected Vendor will be awarded based on lowest price, technically acceptable (LPTA) submission. Appropriate consideration will be given to the Vendor whose offer adequately and efficiently responds to the three (3) non-price factors (including all sub-factors)—TECHNICAL (subfactor 1-Technical Specifications, subfactor 2- Delivery and Installation, and subfactor 3- Warranty and Authenticity), PAST PERFORMANCE, and PRICE (to be inserted in Section B.2— Price/Cost Schedule) with consideration to all details outlined within this RFQ. Offerors should note that the technical and past performance factors are more important than price alone. To receive consideration for price evaluation, a rating of no less than "Acceptable" must be achieved for all non-price factors/criteria (with the exception of past performance) noted in Section M.2 ‘Evaluation Criteria’ below. The Government reserves the right to award to the Offeror that represents the best value (i.e., LPTA) to the Government, in which price reasonableness will be considered. If the Judiciary considers two or more offers evaluated to be approximately equivalent among the non-price factors, then past performance and/or price shall be used as the factor(s) in the Judiciary’s determination for award. The Judiciary intends to award without discussions. Vendors must meet all the requirements for the non-price criteria (factors) in order to move forth to the price evaluation phase.

M.2 EVALUATION CRITERIA

a. The Government shall base its award upon best value quotation submission packages received in response to meeting the requirements specified within the SOW of this RFQ. The Government will evaluate quotation packages and make a determination based on the evaluation of non-price and price factors. The evaluation will determine whether the requirements specified in the solicitation are considered in the Vendor(s) response, and can be satisfied based on Vendor’s quotation submission package. The Vendor’s response to the evaluation criteria (each factor and subfactors) will be assessed for likelihood of Vendor performance success. Evaluations will be conducted based on the following evaluation factors’ criteria:

i. Factor I. Technical (Non-Price Criterion)

A. Evaluation of the Technical Specifications Requirement (Sub-Factor 1) – the Vendor has the capability to produce a ballistic barrier that meets the technical specification as aforementioned and in coordination with the designated government official as outlined in Section C—Statement of Work of this RFQ. Vendors will be evaluated based on the response(s) to provide a ballistic barrier meeting the performance requirements as outlined in this RFQ for the duration of the contract.

B. Evaluation of the Delivery and Installation Requirements (Sub-Factor 2) – the Vendor has the ability to deliver and install a ballistic barrier at the location, during the time(s) and in the space identified and as aforementioned in coordination with the designated government official as outlined in Section C—Statement of Work of this RFQ. Vendors will be evaluated based on the response(s) to deliver and install a ballistic barrier meeting the performance requirements as outlined in this RFQ for the duration of the contract.

C. Evaluation of the Warranty and Authenticity Requirements (Sub-Factor 3) – the Vendor has the authority to provide a warranty and certificate of authenticity for a ballistic barrier that meets the technical specification as aforementioned and as coordinated with the designated government official as outlined in Section C—Statement of Work of this RFQ. Vendors will be evaluated based on the response(s) to assure dependability of the technically acceptable ballistic barrier meeting the performance requirements as outlined in this RFQ for the duration of the contract.

ii. Factor II. Past Performance (Non-Price Criterion)

The Past Performance factor evaluation will assess the relative risks and performance expectancy associated with a Vendor’s likelihood of success in fulfilling the solicitation's requirements as indicated by that Offeror’s record of past performance in handling contracts of similar type, size, and scope. The Government will conduct a past performance assessment based on the quality, relevancy, and recentness of the Vendor’s previous performances as it relates to the probability of successful accomplishment of the required effort. Interested Vendors, requesting consideration under this factor, must be able to demonstrate having performed similar products and services similar to those requirements established in the SOW Section (C.1) of this RFQ.

IF THE VENDOR HAS NO RELEVANT PAST PERFORMANCE, it shall affirmatively state that there is “no relevant past performance”.

The Vendor shall submit at least one (1), but not more than three (3), relevant and recent project example(s). The Judiciary will not review any additional examples submitted in excess of this limitation.

● At least one (1) example shall demonstrates experience in the delivery of a ballistic barrier.

● At least one (1) example shall have a final awarded value of no less than $10,000.00.

● At least one (1) example shall demonstrate successful product delivery similar in scope, size and performance requirements as outlined in the SOW (Section C) of this RFQ.

● Total contract past performance/experience example(s) shall not exceed one (1) page.

Experience examples shall contain information as follows:

• Contract Number (if applicable) and agency or company name

• Customer point of contact of contract (phone number and email)

• Contract performance period/date (include month/year)

• Dollar value of the entire contract lifecycle

• Summary of the contract’s description of products purchased including results achieved

NOTE: Projects must have been completed (as of the quotation submission deadline), or on-going with at least one year of performance completed, within the past 5 years to be considered as similar services to past performance. The Judiciary reserves the right to contact references and/or contract POC(s) to obtain additional or clarifying information regarding contract relevance.

iii. Factor III. Price (Price Criterion)

The Judiciary will evaluate price separately from other factors per the Price/Cost Schedule (in Section B.2) identified in this RFQ as offered by the Vendor under its Price Quote – Volume III.

Vendors are encouraged to offer its best pricing as there will not be an opportunity for revaluated/revising pricing after RFQ close date and time. Vendors shall affirm the price quote proposed is valid for a minimum of 30 days from date of the RFQ close date. The Judiciary reserves the right to award without discussions.

M.3 RATING DEFINITIONS

Volumes I through III factors (and sub-factors) will be rated as adjectival assessments of Acceptable, Unacceptable, or Neutral (noting that a Neutral rating is only relative to Past Performance) to meeting or failing to meet the requirements established within the SOW of this RFQ (solicitation). The definitions apply to the following rating factors:

a. Acceptable – An Offeror’s quote submission meets all of the Judiciary’s requirements, contains details having the capability to provide a ballistic barrier as outlined, product and services will be made available for delivery and installation at the time identified, Vendor agrees to comply with and/or furnish the warranty, security, and authenticity requirements.