DLA Disposition Services Excavators and Front End Loaders

Added: Feb 15, 2017 7:50 am 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. The deliveries of required excavators and front end loaders are to be at DLA Disposition Sites worldwide. The performance timeframe is a 12-month base
period with four, 12-month option periods. This announcement constitutes the only solicitation; proposals are being requested and an additional written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-85.

This procurement is a 100% small business set aside in accordance with FAR 19.5 with a North American Industry Classification System (NAICS) code of 333120, and applicable threshold of 1,250 employees. The U.S. Small Business Administration has granted a Class Non-Manufacturer Rule Waiver for the designated NAICS and PSC
code in support of the small-business set-aside such that qualified small business dealers of the required items are eligible.

A. The provision at FAR 52.212-1 (Instructions to Offerors -- Commercial) applies to this procurement.
B. The provision at FAR 52.212-2 (Evaluation -- Commercial Items) applies to this procurement.
C. In accordance with FAR 52.212-3 (Offerors Representations and Certifications -- Commercial Items) the contractor shall ensure that the contractor has completed the annual representations and certifications on
 SAM.gov or submit a copy of the provision at FAR 52.212-3 with its offer.
D. FAR 52.212-4 (Contract Terms and Conditions -- Commercial Items) applies to this procurement.
E. FAR 52.212-5 (Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items) applies to this procurement. The additional FAR clauses which are cited in FAR 52.212-5 are
listed here:

52.222-50, Combatting Trafficking in Persons (Feb 2009);
52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006);
52.204-10, Reporting Executive Compensation and First - Tier Subcontract Awards (Aug 2012);
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010);
52.209-10, Reporting Executive Compensation and First Tier Subcontract Awards (Aug 2012);
52.219-6, Notice of Total Small Business Set-Aside (Nov 2011);
52.222-3, Convict Labor (June 2003);
52.222-19, Child Labor - Cooperation with Authorities and Remedies (Mar 2012);
52.222-21, Prohibition of Segregated Facilitites (Feb 1999);
52.222-26, Equal Opportunity (May 2007);
52.222-35, Equal Opportunity for Veterans (Sep 2010);
52.222-36, Affirmative Action for Handicapped Workers (Oct 2010);
52.222-37, Employment Reports on Veterans (Sep 2010);
52.223-18, Encouraging Contractor Policy to Ban Text Messages While Driving (Aug 2011);
52.232-33, Payment by Electronic Fund Transfer-Central Contractor Registration (Oct 2003);

The following additional FAR clauses apply to this procurement:
52.203-3, Gratuities (Apr 1984);
52.204-4, Printed or Copied Double-Sid;ed on Postconsumer Fiber Content Paper (May 2011);

52.216-18, Ordering (Oct 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the beginning date of the effective period through the end date of the effective period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict
between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the schedule.
(End of clause)

52.216-19, Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of $2,000,000.00;
(2) Any order for a combination of items in excess of $2,000,000.00; or
(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the
limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and
the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)

52.216-22 Indefinite Quantity (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government
shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the last day of the performance period on any task order issued by the Government before the contract's expiration.
(End of clause)

52.217-9, Option to Extend the Term of the Contract (Mar 2000)
a) The Government may extend the term of this contract by written notice to the Contractor within 7 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 days before
the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
(End of clause)

52.232-17, Interest (Oct 2010)
52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013)
52.242-13, Bankruptcy (Jul 1995)
52.247-34, FOB Destination

The following DFARS clauses apply to this procurement:
252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011);
252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013);
252.203-7005, Representation Relating to Compensation of Former DoD Officials (Nov 2011);
252.204-7012 Safeguarding of Unclassified Controlled Technical Information (Nov 2013)
252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country (Jan 2009)
252.211-7003, Item Unique Identification and Valuation (Mar 2016);

252.216-7006, Ordering (MAY 2011)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from the beginning date of the contract effective period through the end date of the contract effective period.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c)
(1) If issued electronically, the order is considered "issued" when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered "issued" when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
(End of Clause)

252.225-7000, Buy American-Balance of Payments Program Certificate-Basic (Nov 2014);
252.225-7001, Buy America and Balance of Payments Program-Basic (Nov 2014);
252.225-7002, Qualifying Country Sources as Subcontractors (Dec 2012);
252.225-7013, Duty-Free Entry (May 2016);
252.225-7048, Export-Controlled Items (Jun 2013);
252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Mar 2008);
252.232-7006, Wide Area WorkFlow Payment Instructions (May 2013) (By reference, full text provided in contract
award)
252.243-7001, Pricing of Contract Modifications (Dec 1991)
252.243-7002, Requests for Equitable Adjustment
252.244-7000, Subcontracts for Commercial Items (Jun 2013)

Additional DLAD clauses incorporated by reference:
52.215-9023, Reverse Auction applies to this procurement and is available at http://farsite.hill.af.mil/vfdlada.htm, A REVERSE AUCTION MAY OR MAY NOT BE UTILIZED AND FIRMS ARE HEREBY NOTIFIED TO TAKE INTO ACCOUNT THAT IT MAY NOT BE USED, AND THEIR INITIAL OFFER MAY BE THEIR ONLY OPPORTUNITY TO SUBMIT THEIR BEST PRICES AND OTHER REQUIRED CONTENT.

INSTRUCTIONS TO OFFERORS:
Submit offers by email to joe.bednar@dla.mil no later than March 15, 2017, at 2:00 P.M. Eastern Time. Attention should be noted to FAR 52.212-1(f), concerning late submissions. The offeror bears the risk of non- receipt of any email transmissions,
and should ensure that all pages of the quote have been received by the designated office before the deadline indicated. Email submissions by 5:00 pm one business day prior to the due date and time are encouraged to reduce the possibility of server or
other cyber-related delays that may render your response as ineligible for consideration. Responses are to include:

1) The bid schedule is attached and responding firms are required to complete and return that section with their offer submission. Firms are required to submit on all line items and all periods base and all options, this acquisition is not permitting multiple awards. Technical and Past Performance submission content must include the following:

2) Complete listing of CLIN 0001-0014 specifications for each offered model, fully demonstrating that each meets the required specifications in the attachment.

3) Submittal of at least one but not more than three relevant past performance reference projects, complete with customer reference point(s) of contact with current and accurate email addresses and phone numbers. To be relevant, the actions
must include deliveries on an FOB destination basis of Excavators and/or Front End Loaders or other comparable (e.g. equipment size and dollar value) Material Handling Equipment items, at least one of which must include successful
FOB destination delivery to a site within a nation other than the United States. Incorrect and/or outdated reference contact information may render the reference not eligible for consideration and the past performance submittal not eligible to pass the pass/fail past performance evaluation.

4) Offerors shall provide the applicable CAGE code and DUNS number with their submission. Offers shall include the Company name, main point of contact, phone number, and email address. The information located in FAR
 52.212-3 (Offerors Representations and Certifications) must be current on SAM.gov at the time the offer is submitted.

Any solicitation questions must be submitted no later than COB, March 1, 2017. In the event questions are received, a solicitation amendment will be posted to distribute the answers prior to the closing date of the solicitation.  The Government is not responsible for answering questions received after the deadline.

OFFER EVALUATION:

Offers will be evaluated on a Low-Priced-Technically-Acceptable and Past-Performance-Acceptable basis. Award will be made to the firm that offers the lowest overall price for the total requirement, including its options, after a pass/fail evaluation of the contractor's provided technical submittal and past performance submittal.

Technical acceptability will be determined based off of meeting all the characteristics in the Specifications Sections 3 through 9 for each respective class of equipment; and also describing how they intend to meet the training requirements in Section 10 of the Specifications. If any one of the bulleted characteristics are not met for any piece of equipment offered then the quote may be determined technically acceptable and no longer considered for award.

Past Performance acceptability will be based of verifying with the reference(s), including but not limited to the required international delivery reference, that contractor performance was successful.