W912LA23Q0040 COMBIMED SYNOPSIS SOLICITATION.pdf
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- CDTF Gym Equipment Federal contract opportunity
- Solicitation number
- W912LA23Q0040
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This is a combined synopsis/solicitation from the Department of the Army California Army National Guard seeking gym equipment and setup services. Required items include dumbbells, kettlebells, rowing machines, stationary bicycles, treadmills, cable machines, power racks, safety equipment, plates, and benches. Quotes are due by September 18, 2023. The solicitation is set aside for small businesses and provides product specifications and pricing tables to identify 19 contract line items for the gym equipment. The award will be made based on evaluating quotes and past performance.
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W912LA23Q0040
GYM EQUIPMENT
COMBIMED SYNOPSIS/SOLICITATION FOR
COVER PAGE
This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.
General Information:
Solicitation Number: W912LA23Q0040 Posted Date: September 08, 2023 Quote Due: September 18, 2023; 12:00 P.M. (PST) Product or Service Code: 7830 Recreational and Gymnastic Equipment NAICS Code: 423910 Sporting and Recreational Goods and Supplies Merchant Wholesalers Set Aside: 100% Small Business Set-a-Side.
Contracting Office: United States Property & Fiscal Office – California (USPFO – CA) Purchasing & Contracting (P&C) Delivery: 3130 Kilgore Rd. Rancho Cordova, CA 95670
Description:
This solicitation is a "request for quotations (RFQ)." The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Regulation. The associated North American Industrial Classification System (NAICS) code for this procurement is, with a size standard of 100 employees. All responsible sources may submit a response which, if timely received, must be received by the agency before the closing date specified above.
The California National Guard Counterdrug Task Force is seeking to procure gym equipment with setup. Attachment 4 provides the Product Description with specifications of this requirement.
The provision at 52.212-1 Instructions to offerors – Commercial, applies to this acquisition, addendum to this provision is attached to this combined synopsis solicitation as Attachment 2.
The provision at 52.212-2 Evaluation – Commercial Items, does not apply to this acquisition, evaluation procedures are attached to this combined synopsis solicitation as Attachment 2.
Add a completed copy of the provision at 52.212-3 Offeror Representations and Certifications – Commercial Items, with the offer.
FAR Clause at 52.212-4 Contract Terms and Conditions – Commercial Items and the clause at 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition, both included in Attachment 2.
Any additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices.
The offers are due to this office no later than September 18, 2023, at 12:00 PM Pacific Standard Time, Point of Contact for this solicitation is Manuel Jimenez at manuel.a.jimenez12.civ@army.mil and Chad Walton at chad.r.walton.civ@army.mil
Additional instructions are in Addendum to Instructions and Evaluation Criteria in Attachment 2.
Responsibility for Administration of Contract:
a. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer alone is authorized to the extent indicated in the contract to take action on behalf of the government which results in changes in the terms of the contract, including deviations from specifications, details and delivery schedules. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be affected without a written modification to the contract executed by the Contracting Officer.
b. No oral statement of any person will in any manner or degree shall modify or otherwise affect the terms of this contract.
The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.
c. All matters pertaining to Government administration of this contract should be directed to:
Manuel Jimenez Contract Specialist manuel.a.jimenez12.civ@army.mil
OR
Chad Walton Contracting Officer chad.r.walton.civ@army.mil
List of Attachments:
Attachment 1, Contract Pricing Line Items Attachment 2, Provisions & Clauses Attachment 3, Product Description
ATTACHMENT 1
CONTRACT LINE ITEMS
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each Rubber Hex Dumbbells Set w/Rack.
FFP
The contractor shall deliver, and setup one (1) set of rubber hex dumbbells pairs of weights ranging from 5 to 50 pounds and storage rack.
FOB: Destination
PSC CD: 7810
NET AMT
0002 1 Each Rubber Kettlebell Set w/Rack.
FFP
The contractor shall deliver and setup one (1) set of rubber kettlebell weights ranging from 10 to 50 pounds and storage rack.
0003 2 Each Rowing Machine
FFP
The contractor shall deliver and setup two (2) rowing machines.
0004 2 Each Stationary Bicycles
FFP
The contractor shall deliver and setup two (2) stationary bicycles.
0005 2 Each Commercial Treadmills
FFP
The contractor shall deliver and setup two (2) commercial treadmills.
0006 2 Each Cable Tower/Machine
FFP
The contractor shall deliver and setup two (2) cable towers/machines with adjustable height & width of cable positions. Each tower/machine at a minimum will include 200lb weight stack, 2 strap handles, straight bar, ankle cuff, and triceps rope.
0007 3 Each Power Racks
FFP
The contractor shall deliver and setup three (3) 8-foot power racks with plate storage.
0008 3 Each Safety Spot Arms
FFP
The contractor shall deliver three (3) pairs of safety spot arms compatible with Power Rack.
0009 3 Each J-Cups
FFP
The contractor shall deliver three (3) pairs of J-Cups bolted together compatible with Power Rack.
0010 3 Each Powdered Commercial J-Cups Left
FFP
The contractor shall deliver three (3) pairs of powdered bolts together Commercial J-Cup left compatible with Power Rack.
0011 3 Each Powdered Commercial J-Cups Right
FFP
The contractor shall deliver three (3) pairs of powdered bolts together Commercial J-Cup right compatible with Power Rack.
0012 3 Each Dip Bar Attachment
FFP
The contractor shall deliver three (3) dip bars compatible with Power Rack
0013 6 Each Barbell 20 kg
FFP
The contractor shall deliver six (6) 20-kilogram barbells.
0014 4 Each Barbell 15 kg
FFP
The contractor shall deliver four (4) 15-kilogram barbells.
0015 12 Each Rubber Bumper Plates 45lbs
FFP
The contractor shall deliver twelve (12) 45-pound bumper plates compatible with barbells.
0016 12 Each Rubber Bumper Plates 25lbs
FFP
The contractor shall deliver twelve (12) 25-pound bumper plates compatible with barbells.
0017 6 Each Rubber Bumper Plates 35lbs
FFP
The contractor shall deliver six (6) 35-pound bumper plates compatible with barbells.
0018 6 Each Rubber Bumper Plates 10lbs
FFP
The contractor shall deliver six (6) 10-pound bumper plates compatible with barbells.
0019 6 Each Ladder Adjustable Bench w/Wheels.
FFP
The contractor shall deliver and setup six (6) adjustable ladder benches with wheels.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 30 dys. ADC 1 COUNTERDRUG TASK FORCE
JONATHAN BECK
3130 KILGORE RD
RANCHO CORDOVA CA 95670
916-369-4927
W91HJU
0002 30 dys. ADC 1 (SAME AS PREVIOUS LOCATION)
0003 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0004 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0005 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0006 30 dys. ADC 2 (SAME AS PREVIOUS LOCATION)
0007 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)
0008 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)
0009 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)
0010 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)
0011 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)
0012 30 dys. ADC 3 (SAME AS PREVIOUS LOCATION)
0013 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)
0014 30 dys. ADC 4 (SAME AS PREVIOUS LOCATION)
0015 30 dys. ADC 12 (SAME AS PREVIOUS LOCATION)
0016 30 dys. ADC 12 (SAME AS PREVIOUS LOCATION)
0017 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)
0018 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)
0019 30 dys. ADC 6 (SAME AS PREVIOUS LOCATION)
ATTACHMENT 2
PROVISIONS & CLAUSES
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment
NOV 2021
52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services
DEC 2022
52.219-1 (Dev) Small Business Program Representations (Deviation 2023- O0002)
MAR 2023
52.219-8 (Dev) Utilization of Small Business Concerns (Deviation 2023- O0002)
DEC 2022
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals -- Representation.
DEC 2016
52.229-11 Tax on Certain Foreign Procurements--Notice and Representation
JUN 2020
252.203-7000 Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006
252.239-7098 (Dev) Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation.
(Deviation 2021-O0003)
APR 2021
252.244-7000 Subcontracts for Commercial Products or Commercial Services
JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (MAR 2023)
FAR Provision 52.212-1 (MAR 2023) is hereby replaced in its entirety.
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--
(1) Is set aside for small business and has a value above the simplified acquisition threshold;
(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation.
(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
(k) Reserved.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
National Guard Bureau, Agency Protest Program
NG Agency Protest Program is intended to encourage interested parties to seek resolution of their concerns with the National Guard (NG) as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum.
Contract award or performance is suspended during the protest to the same extent, and within the same time periods as if filed at the GAO. The NG protest decision goal is to resolve protests within 35 calendar days from filing. An agency protest may be filed with either the Contracting Officer or the NG Agency’s Protest Decision Authority, but not both, in accordance with NG protest procedures.
To be timely, the protests must be filed with the periods specified in FAR 33.103.
1) Protests to the Contracting Officer shall be filed under FAR 52.233-2 at:
United States Property and Fiscal Office for California Purchasing and Contracting Division ATTN: Chad R. Walton 10620 Mather Blvd Mather, California 95655-4125 Email: chad.r.walton.civ@army.mil
2) To file a protest under the NG Agency Protest Program, the protest must request resolution under that program and be sent to the address below:
National Guard Bureau Office of the Director of Acquisitions
ATTN: NGB-AQ-O
111 S. George Mason Dr.
Arlington, VA 22204 Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil
NG Public-facing, general Protest information is found at: https://www.nationalguard.mil/Leadership/Joint- Staff/Special-Staff/Director-of-Acquisitions/
Directorate of Acquisitions information for the contracting enterprise is found at https://gko.portal.ng.mil/ngb/STAFF/D01/D01/OI/Protests%20and%20Complaints/Forms/AllItems.aspx
COMPARATIVE EVALUATION (PAST PERFORMANCE AND PRICE) QUOTE PREPARATION
INSTRUCTIONS
General: The following instructions cover specific preparation and submission of the quoter’s quote for this solicitation. Quoters must follow the instructions contained herein. Quoters are cautioned that any noncompliance with the terms and conditions of the RFQ may cause their quote to be determined not eligible for award. Quotes must be received by the United States Property and Fiscal- California manuel.a.jimenez12.civ@army.mil no later than the date and time specified on the cover page of the Combined Synopsis/ Solicitation. To facilitate uniform handling and evaluation, submission of quote packages via electronic mail to Manuel Jimenez at manuel.a.jimenez12.civ@army.mil and Chad Walton at chad.r.walton.civ@army.mil is required with the Subject Line: W912LA23Q0040 CDTF Gym Equipment.
Your quote will be evaluated in accordance with FAR Part 13.106-2. We will consider how well you complied with these instructions. We may consider any significant failure to comply with these instructions to be indicative of what we could expect from you during contract performance. Please contact our contracting officer if you do not understand any part of these instructions.
Volume Organization
Quote: Quotes shall be submitted to the Government as one e-mail with two separate volumes (i.e., attachments) as set forth below:
VOLUME PAGE
LIMITS
NUMBER OF
COPIES
DESCRIPTION
I N/A 1 Quote (Completed Attachment 1 Contract Line Items, amendments, and representations and certifications (fill-ins))
II 0 0 Past Performance – No separate submission required (see Volume II below)
In addition to the volume organization set forth above, quote volumes shall comply with the following format:
Each volume shall be marked with the RFQ number and the quoter’s name and address, and the number of the Volume, i.e. I, or II. Quotes shall be in the English language and all monies shall be proposed in United States dollars.
Print shall be no smaller than a font size of 12. Paper size shall be 8 1/2” X 11,”, and margins shall be no smaller than 1 inch, and each page within a volume shall be numbered consecutively. Do not include extraneous information not requested by the RFQ.
Volume I, Quote
General: Your quote shall consist of the following: (1) Complete Attachment 1 Contract Line Items with your proposed prices inserted in the appropriate blank spaces. Unit pricing should be included. A separate pricing document maybe included with the Contract Line Items but shall not be a substitution. (2) Quoters shall ensure that all clauses and provisions that require “fill in” information are appropriately completed, including the proposed prices associated with the contract line items in the Schedule of the RFQ.
The completion and submission of the above items of information will constitute your quote and written assent to perform in accordance with the terms of this RFQ.
Volume II, Past Performance
1. General: Past performance information may be obtained from any sources available to the Government. For example, the Government may retrieve past performance information from the Contractor Performance Assessment Reporting System (CPARS), GSA, or Federal Awardee Performance and Integrity Information System (FAPIIS). As a result, this RFQ does not include a past performance information submittal from quoters.
(End of Addendum)
ADDENDUM TO 52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(NOV 2021)
FAR Provision 52.212-2 (NOV 2021) is hereby replaced in its entirety.
BASIS OF AWARD- EVALUATION
I. Basis for Contract Award – Evaluation of Offers-Simplified Acquisition Procedures
(a) In accordance with FAR 13.106 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:
(i) Past performance; and
(ii) Price
(b) A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract.
Therefore, issuance by the Government of an order in response to a supplier’s quotation does not establish a contract.
A written notice of award or purchase order mailed or otherwise furnished to the successful quoter is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer.
II. Quote Evaluation: The evaluation process will be accomplished as follows (Organized by Volume):
A. General: We will award a contract to the responsible quoter who represents the best value to the Government on the basis of comparison of its (1) quote, and (2) past performance.
B. Volume I, Quote
1. General: We will determine the merits of your quote on the basis of (a) its acceptability and (b) its quoted price.
(a) Acceptability: We will determine the acceptability of your quote on an acceptable or unacceptable basis. We will consider your quote acceptable if it (i) conforms to the material solicitation requirements; (ii) manifests your unconditional assent to the terms of this Request for Quote (RFQ), and (iii) you are a responsible prospective contractor pursuant to FAR 9.104-1. (NOTE: By submission of a quote, the quoter represents that it unconditionally assents to the terms of this Request for Quote, except for any written express exceptions.)
(i) Conformance. Material solicitation requirements include those terms affecting quality, quantity, price, or delivery.
(ii) Assent. If you (1) take exception to any term of this RFQ, (2) propose any additional terms, or (3) omit material information required by this RFQ then we will consider your quote to be unacceptable and ineligible for contract award.
(b) Price: We will evaluate your price for fairness and reasonableness in accordance with FAR 13.106-3(a).
C. Volume II, Past Performance Factor
1. General: The past performance assessment will assess the prime’s (hereafter referred to as quoter’s) ability to successfully accomplish the proposed effort based on the quoter’s demonstrated present and past work record. The Government will evaluate the quoter’s demonstrated record of contract compliance in supplying products and services that meet users’ needs, including cost and schedule. The recency and relevancy of the information, the source of the information, context of the data and general trends in the contractor’s performance will be considered.
First, we will evaluate recency. For purposes of this evaluation, recency is defined as demonstrated experience (active or completed efforts) performed within the past three (3) years from the issuance date of this solicitation. Second, we will evaluate recent contracts for relevancy as described below. Third, we will evaluate relevant contracts for overall quality.
The evaluation of the quoter’s (including partnerships and joint venture) present/past performance WILL NOT include the present/past performance of any subcontractors, predecessor companies, affiliates, other divisions or corporate management even though they may perform major or critical aspects of this requirement. Only the quoter's (includes partnerships and joint ventures) past performance will be evaluated.
2. Past Performance Assessment: Present and Past Performance is a measure of the degree to which you have satisfied your customers in the past and complied with federal, state, and local laws and regulations. Your past performance is relevant to this competition when you have done recent work that has confronted you with the same kinds of challenges that you would reasonable expect to encounter during performance of the contract described by the RFQ. We will assess your past performance on the basis of recency, relevancy, and quality (general trends in contractor performance and source of information). Past performance information may be obtained from any sources available to the Government.
3. Past Performance Evaluation Ratings:
a) As a result of the recency and relevancy assessments of current and prior contracts, a relevancy rating described below will be assigned within the past performance evaluation.
Table 1:
Adjectival Rating Description Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.
Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires.
Scope = Type of Work, Functions, Skill Mix and/or Labor Classifications, etc.
Magnitude of effort = Dollar Value and Period of Performance
Complexities = Contract Type (e.g., Indefinite Delivery Contract, Firm-Fixed-Price, FAR-based, Other Government Transaction, UCC), Location (on-base, off-base, geographical), Terms and Conditions (e.g., private, Federal, DoD, Army, National Guard Bureau), etc.
Table 2
Adjectival Rating Description
Acceptable Based on the quoter’s performance record, the Government has a reasonable expectation that the quoter will be able to successfully perform the required effort, or the quoter’s performance record is unknown.
Unacceptable Based on the quoter’s performance record, the Government does not have a reasonable expectation that the quoter will be able to successfully perform the required effort.
(End of Addendum)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision - Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service -
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except -
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate -
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology -
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
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 –
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
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 $850,000 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.
Subsidiary means an entity in which more than 50 percent of the entity is owned -
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
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 business concern means a concern which 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that -
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(2) Veteran-owned small business concern. [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.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that -
(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.
(4) Small disadvantaged business concern. [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.
(5) Women-owned small business concern. [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 women-owned small business concern.
(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Note to paragraphs (c)(8) and (9):
Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [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,…
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