W911YU-22-Q-0012 Band Instruments Combined Synopsis Solicitation.docx

GUAM NATIONAL GUARD W911YU-22-Q-0012

GUAM NATIONAL GUARD W911YU-22-Q-0012

09 August 2022

MEMORANDUM FOR ALL INTERESTED PARTIES

FROM: Guam Army National Guard USPFO

Notice to Oferror(s):

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitues the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. W911YU-22-Q-0012 Band Instruments, is hereby issued as a request for quotes.

3. The following solicitation document, incorporated provisions, and clauses are in effect through Federal Acquisition Circular 2022-06.

4. This solicitation has been set aside for 100% Small Business under the 451140 NAICS Code, with a small business size standard of $12.0M.

5. The government requests quotes for the following items;

CLIN

Description

QTY

(IAW Attachment 01 – Band Instruments Items Listing)

6. Delivery Address – USPFO-GUAM 430 ARMY DR., BLDG 100

BARRIGADA, GUAM 96913-4421

7. FAR 52.211-6 Brand Name or Equal (Aug 1999) applies to this acquisition.

8. FAR 52.212-1 Instruction to Offerors (Nov 2021) -- Commercial applies to this acquisition.

9. FAR 52.212-2 Evaluation -- Commercial Items (Nov 2021) applies to this acquisition. The evaluation factors are as follows;

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1) Price

2) Technical Acceptability

Technical Acceptability is equal to price.

(b) 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 partof an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award

10. FAR 52.212-3, Alt I Offeror Representations and Certifications-Commercial Items (May 2022) *Completion of Provision at Attachment 02 is required.

Note: Offerors who are actively registered in the SAM database may complete paragraph (b) only.

11. FAR 52.212-4 Contract Terms and Conditions -- Commercial (Nov 2021) applies to this acquisition.

12. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2022) applies to this acquisition.

13. FAR 52.219-1, Alt I Small Business Program Representations (Sep 2021)

(a) Definitions. As used in this provision- Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business concern-

(1) Means a small business concern-

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Veteran-owned small business concern” means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned small business concern” means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(1) The North American Industry Classification System (NAICS) code for this acquisition is– 451140.

(2) The small business size standard is $12.0M (3)The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture (i.e., nonmanufacturer), is 500 employees.

(c) Representations.

(1) The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.] The offeror represents as part of its offer that-

(i) It □ is, □ is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(9) [Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this provision.] The offeror shall check the category in which its ownership falls:

_____ Black American.

_____ Hispanic American.

_____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

_____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

_____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

_____ Individual/concern, other than one of the preceding.

(d)Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall- (1)Be punished by imposition of fine, imprisonment, or both;

(2)Be subject to administrative remedies, including suspension and debarment; and (3)Be ineligible for participation in programs conducted under the authority of the Act.

14. FAR 52.222-36 Equal Opportunity For Workers With Disabilities (Jun 2020) (a)Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b)Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

15. FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov (End of clause)

16. Additional provisions that apply to this acquisition are:

FAR 52.204-7, System for Award Management (Oct 2018) FAR 52.204-16, Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Nov 2011)

17. Additional clauses that apply to this acquisition are:

FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (June 2020) FAR 52.204-13, System for Award Management Maintenance (Oct 2018) FAR 52.204-18, Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204-19, Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.219-28, Post Award Small Business Program Representation (Sep 2021) FAR 52.222-3, Convict Labor (Jun 2003) FAR 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Jan 2022) FAR 52.222-21, Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26, Equal Opportunity (Sep 2016) FAR 52.222-50, Combating Trafficking in Persons (Nov 2021) FAR 52.223-18, Encouraging Contractors Policies to Ban Text Messaging While Driving (Jun 2020) FAR 52.225-1, Buy American—Supplies (Nov 2021) FAR 52.225-3, Buy American Act-Free Trade Agreement-Israeli Trade Act (Nov 2021) FAR 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) FAR 52.232-1, Payments (Apr 1984), FAR 52.232-8, Discounts for Prompt Payment (Feb 2002) FAR 52.232-23, Assignment of Claims (May 2014) FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Oct 2018) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) FAR 52.233-1, Disputes (May 2014) FAR 52.233-3, Protest After Award (Aug 1996) FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.247-34 F.O.B. Destination (Nov 1991) DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011) DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013) DFARS 252.204-7003, Control of Government Personnel Work Product (Apr 1992) DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019) DFARS 252.223-7008, Prohibition of Hexavalent Chromium (Jun 2013) DFARS 252.225-7048, Export – Controlled Items (Jun 2013) DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) DFARS 252.232-7006, Wide Area Workflow Payment Instructions (Dec 2018) DFARS 252.232-7010, Levies on Contract Payments (Dec 2006) DFARS 252.243-7001,Pricing of Contract Modifications (Dec 1991) DFARS 252.247-7023, Transportation of Supplies by Sea (Feb 2019)

18. Quotes are due back to the government NO LATER THAN 24 August 2022 at 0900 Chamorro Standard Time (ChST). Request for information will be due by 15 August 2022 at 0900 ChST. Late quotes will be accepted at the discretion of the Contracting Officer.

19. Any quotes or questions may be emailed to SSgt Rachel Kinsella at rachel.a.kinsella.mil@army.mil

Attachments:

01 – Band Instruments Salient Characteristics Listing