Fork Lifts for FMS Shops

THIS COMBINED SYNOPSIS/SOLICITATION IS SET ASIDE 100% FOR SMALL BUSINESS. This Combined Synopsis Solicitation, W912LC- 20-Q-0136, Forklifts, is issued as a request for quotation. This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) 12.6 and supplemented with additional information included in this notice. This solicitation is issued as a request for quotes (RFQ) in accordance with FAR Parts 12 & 13. The provisions and clauses incorporated into this solicitation document are those in effect through Federal Acquisition Circular FAC 2020-09 dated 08-28-2020.  The full text of the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulations supplement (DFARS) can be accessed on the internet at http://acquisition.gov. Provisions and clauses incorporated by reference have the same force and effect as if they were given in full text. The full text of the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulations supplement (DFARS) can be accessed on the internet at http://acquisition.gov.

The solicitation W912LC-20-Q-0136 is issued as a request for quotation. The Colorado Army National Guard will be awarding a Firm-Fixed Price Contract for Forklifts. (Brand name or equal)

This solicitation is 100% set aside for small businesses.

NAICS Code 333924

The size standard is 750 employees.

Solicitation Closes: Closing date and time for this RFQ is Tuesday September 22, 2020 at 11:00 AM MT (Mountain Time).

All quotes must be received electronically by email to sabrina.m.deramus.civ@mail.mil by the closing date and time. All questions must be emailed to the email address listed above.

All or None and Partial quotes are acceptable. Item substitutions are allowable.

Award Information: All responsible quotes received by the closing date and time will be considered for award. Responsible quotes will be formatted to match solicitation contract line item numbers (CLINS). To be eligible for award for this solicitation, the offeror must be registered in the System for Award Management (SAM) at (www.sam.gov) at time of contract award. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be more advantageous to the government, and that is the lowest price that meets the minimum requirements.

Partial quotes will be evaluated against the entire solicitation in regards to the number of items quoted and price. 

All offerors must submit a completed Section 889 Certification as required by the NDAA.

Special Requirements - See attached Statement of Work (SOW) for delivery locations, dates, and times.

CLIN 0001 – Fork Lift – Brand Name or Equal  - Equal to G5-18A Telehandler  - Quantity: 3 each

CLIN 0002 – Freight to Golden, Colorado

CLIN 0003 – Option – One Year Extended Warranty

CLIN 0004 – Option – One Year Extended Warranty

Deliver all items to the address listed in the SOW. Terms of delivery are FOB destination.

Provisions and Clauses applicable to this Solicitation/Request for Quote.

The following FAR clauses are applicable to this acquisition:

Notice to Potential Offerors: All offerors who provide goods or services to the United States Federal Government must be registered in the System for Award Management (SAM) at www.sam.gov and complete Online Representations and Certifications Application (ORCA). All interested Offerors should submit information to https://www.fbo.gov

Offers Due:  Tuesday, September 224, 2020 by 11:00 AM (MT)

The following FAR clauses and provisions are applicable to this acquisition:

52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality agreements or Statements

52.204-7 System for Award Management

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

52.204-13 System for Award Management Maintenance

52.204-16 Commercial and Government Entity Code Reporting

52.204-18 Commercial and Government Entity Code Maintenance

52.204-19 Incorporation by Reference of Representations and Certifications

52.204-22 Alternative Line Item Proposal

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

52.212-1 Instructions to Offerors-Commercial Items

52.212-3 ALT 1 Offeror Representation & Certifications-Commercial Items

52.212-4 Contract Terms & Conditions Commercial Items

52.212-5 Contract Terms & Conditions Required to Implement Statutes or Executive Orders Commercial Items

52.219-6 Notice of Small Business Set-Aside (DEVIATION 2019-O0003)

52.219-28 Post-Award Small Business Program Re-representation

52.222-3 Convict Labor

52.222-19 Child labor-Cooperation with Authorities and Remedies

52.222-21 Prohibition of Segregated Facilities

52.222-25 Affirmative Action Compliance

52.222-26 Equal Opportunity

52.222-35 Equal Opportunity to Veterans

52.222-36 Affirmative Action for Workers with Disabilities (over 15K)

52.222-50 Combating Trafficking in Persons

52.223-5 Pollution Prevention and Right-to-Know Information

52.223-15 Energy Efficiency in Energy Consuming Products;

52.223-18 Contractor Policy to Ban Text Messaging While Driving

52.225-13 Restrictions on Certain Foreign Purchases

52.232-33 Payment by Electronic Funds Transfer-System of Award Management

52.232-36 Payment by Third Party

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

52.243-1 Changes-Fixed Price

52.252-2 Clauses Incorporated by Reference

52.252-6 Authorized Deviations in Clauses

The Following DFARs clauses are applicable to this acquisition:

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

252.203-7005 Representation Relating to Compensation of Former DOD Officials

252.204-7011 Alternative Line-Item Structure

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

252.225-7000 Buy American-Balance of Payments Program Certificate

252.225-7001 Buy American and Balance of Payments Program

252.225-7048 Export-Controlled Items

252.232-7003 Electronic Submission of Payment Requests & Receiving Reports

252.232-7006 Wide Area Workflow Payment Instructions

252.232-7010 Levies on Contract Payments

252-244-7000 Subcontracts for Commercial Items

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

      (a)  Definitions. As used in this provision—

      Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

      (b)  Prohibition.

 (1)  Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

                (i)  Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

           (2)  Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

                (i)  Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

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

      (d)  Representation. The Offeror represents that—

           (1)  It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

           (2)  After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

          It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

      (e)  Disclosures.

 (1)  Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

                (i)  For covered equipment—

                     (A)  The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

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

                     (C)  Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

                (ii)  For covered services—

                     (A)  If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

                     (B)  If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

           (2)  Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

                (i)  For covered equipment—

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

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

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

                (ii)  For covered services—

                     (A)  If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

                     (B)  If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment AUG 2020

      (a)  Definitions. As used in this clause—

      Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

      Covered foreign country means The People’s Republic of China.

      Covered telecommunications equipment or services means–

           (1)  Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

           (2)  For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

           (3)  Telecommunications or video surveillance services provided by such entities or using such equipment; or

           (4)  Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

      Critical technology means–

           (1)  Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

           (2)  Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

                (i)  Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

                (ii)  For reasons relating to regional stability or surreptitious listening;

           (3)  Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

           (4)  Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

           (5)  Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

           (6)  Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

      Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

      Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

      Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

      Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

      (b)  Prohibition. 

 (1)  Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

           (2)  Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

      (c)  Exceptions. This clause does not prohibit contractors from providing—

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

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

      (d)  Reporting requirement.

 (1)  In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

           (2)  The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

                (i)  Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

                (ii)  Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

      (e)  Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.204-26 Covered Telecommunications Equipment or Services-Representation DEC 2019

      (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.

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

      (c)  Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)