Hanging Produce Scales, 30 lb capacity and Floor Stands, ADA compliant

This is a combined synopsis/solicitation for commercial products prepared in accordance with procedures in FAR subpart 12.6 (48 C.F.R. § 12.6), as supplemented by additional information included in this notice. This announcement constitutes the only notice of the solicitation for this requirement. This solicitation (HQC004-24-Q- 0040) is a request for quotation (RFQ).  The North American Industry Classification (NAICS) code is 333998 with a small business size standard of 500 employees.

Description of Requirement: This requirement is for the acquisition of Hanging Produce Scales, along with Floor Stands. The Hanging Scales must have a 30 lb. capacity and the Floor Stands must be compliant with the Americans with Disabilities Act of 1990 (ADA).  These items are to be delivered to the Defense Commissary Agency (DeCA) stores located in Continental United States (CONUS), Alaska, Hawaii, Outside the Continental United States (OCONUS), and Puerto Rico. In support of stores located in the Far East (Japan and S. Korea), Europe and Puerto Rico, deliveries shall be made to the following ports: Norfolk, VA (MDV/SpartanNash; 1187 Azalea Garden Road; Norfolk, VA 23502) for deliveries to Puerto Rico and Europe and Stockton, CA (Coastal Pacific Distributors; 1015 Performance Drive; Stockton, CA 95206) for deliveries to Japan and S. Korea. The scale and stand quantities located at each commissary store are set forth in Attachment 3. A complete description of each required scale and stand is found in Attachment 1 and 2 under commissary equipment descriptions (CEDs).

The contractor will be responsible for delivering products prepared for overseas shipment. Delivery to designated locations is required within 60 days after constructive receipt of delivery order. There is no commitment by the Government to, make award(s), or to be responsible for any expenses or obligations incurred by entities that review or respond to this request for quotation.

The Government intent will award this requirement using FAR Subpart 13.5 procedures, with firm fixed-pricing methodology.

In accordance with FAR 17.202, the award will include option periods.

Period of Performance (POP):

Base Year: Option Year One: Option Year Two:

Option Year Three: Option Year Four:

September 1, 2024 – August 31, 2025

September 1, 2025 – August 31, 2026

September 1, 2026 – August 31, 2027

September 1, 2027 – August 31, 2028

September 1, 2028 – August 31, 2029

Contract Line Items (CLINs) - Use attached Excel Spreadsheet (Attachment 3) to submit pricing quotations. *Quantities are estimated for the purpose of this solicitation; exact quantities will be determined as needed and included in each delivery order. If you are unable to open an Excel spreadsheet, please contact Tammy Torres (tammy.torres@deca.mil) or Evelyn Settles (evelyn.settles@deca.mil) to request the information in a format compatible to your software.

Installation Access Requirements:

The contractor shall be responsible for ensuring full compliance with all installation access procedures. Installation access includes, but is not limited to, obtaining applicable installation passes and inspections for vehicles and personnel. Contractor employees may also be subject to background security checks/clearances in order to obtain credentials for passes. Some installations are using programs, such as RAPIDGate, which may result in a cost to the contractor. The government will not directly reimburse costs associated with obtaining and maintaining installation access, and is providing this information so that quoters are aware of such costs when preparing quotes for the product or services being acquired.

FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services (SEPT 2023), applies to this acquisition. See addenda 52.212-1 for additional information.

FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 2021), applies to this acquisition. 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:

Factor 1 – Technical Capability

 

Factor 2 –Past Performance

Factor 3 – Price

Technical and past performance, when combined, are approximately equal to price.

1. The evaluation of technical capability will be an assessment of the capability of the proposed products. Quoters must demonstrate that their proposed products and delivery schedules are acceptable and meet the government’s needs for intended use of these products in commissary stores and operations. The product will be rated on an acceptable/unacceptable basis. To be determined acceptable, the product will meet the government’s requirements identified in the solicitation.

1. The evaluation of past performance will be an assessment based on a consideration of all relevant facts and circumstances. The Government is seeking to determine whether the quoter has consistently demonstrated a genuine concern for quality, timeliness of delivery, and customer satisfaction. The Government will use Contractor Performance Assessment Reporting System (CPARS) to evaluate past performance, and other information available to the government. In evaluating the contractor’s past performance, performance under DeCA or other similar contracts, and customer surveys submitted by the references identified in the quotes will be used. Each quoter is required to submit its past performance references. This determination is a matter of judgement. If the contractor does not have a record in CPARS, it will not be considered a negative past performance evaluation, but the contractor must submit two past performance records outside of the Federal Government if available. If an quoter without a record of relevant past performance or for whom information on past performance is not available or is so sparse that no meaningful past performance rating can be reasonably assigned, the quoter will not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, an unknown rating shall not be considered “unacceptable.”
2. For evaluation purposes, the price will be calculated for the base year and all option years combined. An award will be made to the responsible quoter with a quote that conforms to the requirements and is determined to provide the best value to the Government.

Quoter shall include a completed copy of the provision at 52.212-3,Offeror Representations and Certifications-Commercial Products and Commercial Services (MAY 2024), with its quote.

FAR 52.212-4, Contract Terms and Conditions-Commercial Items (NOV 2023), is applicable to this acquisition.

FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (MAY 2024), applies to this acquisition.

• • 52.203-6 Alt I Restrictions on Subcontractor Sales to The Government (JUN 2020) -- Alternate I (NOV 2021)
  • 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023)
  • 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)
  • 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)
  • 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab (DEC 2023)
  • 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
  • 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023)
  • 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV2021)
  • 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018)
  • 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)
  • 52.219-6 Notice of Total Small Business Set-Aside (NOV 2020)
  • 52.219-8 Utilization of Small Business Concerns (FEB 2024)
  • 52.219-14 (DEV) Limitations on Subcontracting (Deviation 2020-0008) (OCT 2022)
  • 52.219-28 Post-Award Small Business Program Representation (FEB 2024)
  • 52.222-3 Convict Labor (JUN 2003)
  • 52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2024)
  • 52.222-21 Prohibition of Segregated Facilities (APR 2015)
  • 52.222-26 Equal Opportunity (SEP 2016)
  • 52.222-35 Equal Opportunity for Veterans (JUN 2020)
  • 52.222-36 Equal Opportunity for Workers with Disabilities (JUN 2020)
  • 52.222-37 Employment Reports on Veterans (JUN 2020)
  • 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010)
  • 52.222-50 Combating Trafficking in Persons (NOV 2021)
  • 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020)
  • 52.225-1 Buy American-Supplies (OCT 2022)
  • 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021)
  • 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (OCT 2018)
  • 52.232-36 Payment by Third Party (MAY 2014)
  • 52.233-3 Protest After Award (AUG 1996)
  • 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

The selected Quoter must comply with the additional contract terms and conditions, which are incorporated

herein by reference:

PROVISIONS/CLAUSES INCORPORATED BY REFERENCE

52.202-1

Definitions

JUN 2020

52.203-3

Gratuities

APR 1984

52.203-12

Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

Transactions

52.204-4

Printed or Copied Double-Sided on Postconsumer

MAY 2011

Fiber Content Paper

52.204-7

System for Award Management

OCT 2018

52.204-13

System for Award Management Maintenance

OCT 2018

52.204-19

Incorporation by Reference of Representations and Certifications

DEC 2014

52.204-20

Predecessor of Offeror

AUG 2020

52.204-24

Representation Regarding Certain Telecommunications and

NOV 2021

Video Surveillance Services or Equipment

52.204-26

Covered Telecommunications Equipment or Services—Representation

OCT 2020

52.209-7

Information Regarding Responsibility Matters

OCT 2018

52.209-11

Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law

FEB 2016

52.211-17

Delivery of Excess Quantities

SEP 1989

52.219-28

Post-Award Small Business Program Representation

FEB 2024

52.222-62

Paid Sick Leave Under Executive Order 13706

JAN 2017

52.223-3

Hazardous Material Identification and Material Safety Data

FEB 2021

52.223-5

Pollution Prevention and Right-to-Know Information

MAY 2011

52.223-10

Waste Reduction Program

MAY 2011

52.223-22

Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—

DEC 2016

Representation

52.225-18

Place of Manufacture

AUG 2018

52.223-20

Aerosols

JUN 2016

52.232-17

Interest

MAY 2014

52.232-18

Availability of Funds

APR 1984

52.232-40

Providing Accelerated Payments to Small Business Subcontractors

MAR 2023

52.237-1

Site Visit

APR 1984

52.237-2

Protection of Government Buildings, Equipment, and Vegetation

APR 1984

52.242-13

Bankruptcy

JUL 1995

52.244-2

Subcontracts

JUN 2020

52.245-9

Use and Charges

APR 2012

252.201-7000

Contracting Officer’s Representative

DEC 1991

252.203-7000

Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002

Requirement to Inform Employees of Whistleblower Rights

DEC 2022

252.203-7005

Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7004

Antiterrorism Awareness Training for Contractors

JAN 2023

252.204-7008

Compliance with Safeguarding Covered Defense Information Controls

OCT 2016

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

252.209-7004

Subcontracting with Firms that are Owned or Controlled by the

MAY 2019

Government of a Country that is a State Sponsor of Terrorism

252.215-7013

Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.216-7009

Allowability of Legal Costs Incurred in Connection with a

DEC 2022

Whistleblower Proceeding

252.223-7008

Prohibition of Hexavalent Chromium

JAN 2023

252.225-7000

Buy American—Balance of Payments Program Certificate--Basic

FEB 2024

252.225-7001

Buy American Act and Balance of Payments Program

MAR 2022

252.225-7002

Qualifying Country Sources as Subcontractors

MAR 2022

252.225-7012

Preference for Certain Domestic Commodities

APR 2022

252.225-7048

Export-Controlled Items

JUN 2013

252.232-7010

Levies on Contract Payments

DEC 2006

252.239-7001

Information Assurance Contractor Training and Certification

JAN 2008

252.243-7001

Pricing of Contract Modifications

DEC 1991

252.244-7000

Subcontracts for Commercial Products and Commercial Services

NOV 2023

252.245-7003

Contractor Property Management System Administration

APR 2012

252.245-6002

Reutilization of Government property

APR 2024

252.247-7022

Representation of Extent of Transportation By Sea

JUN 2019

252.247-7023

Transportation of Supplies by Sea

JAN 2023

PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.216-18 Ordering (AUG 2020)

September 1, 2024 – August 31, 2029

52.216-19 Ordering Limitations (OCT 1995)

• • Minimum Order: Quantity $420
  • Maximum Order:

Any order for a single item in excess of $1,500;

Any order for a combination of items in excess of $50,000;

A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitations in paragraph (b)(1) or (2) of this combined synopsis/solicitation of this section.

• • • 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.

52.216-22 Indefinite Quantity (OCT 1995)

• • 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 July 31, 2029.

52.217-9 Option to Extend the Term of the Contract (MAR 2000)

• • The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
  • If the Government exercises this option, the extended contract shall be considered to include this option clause.
  • The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.233-2 Service of Protest (SEP 2006)

• • (a) Defense Commissary Agency (DeCA) ATTN: Evelyn Settles (CCQS)

1300 Eisenhower Avenue

Fort Gregg-Adams, Virginia 23801-1800

• •     (b) The copy of any protest shall be received in the office designated above within one day of filling a protest with the GAO.

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

• • https://www.acquistion.gov/far
  • https://www.acquistion.gov/dfars

52.252-2 Solicitation Clauses Incorporated by Reference (FEB 1998)

• • https://www.acquistion.gov/far
  • https://www.acquistion.gov/dfars

52.252-6 Authorized Deviations in Clauses (NOV 2020)

• • (b) Defense Acquisition Regulations System, Department of Defense (48 CFR Chapter 2) 252.232-7006 Wide Area Workflow Payment Instructions (JAN 2023)
  • Invoice and Receiving Report (Combo)

• • WAWF point of contact. The Contractor may obtain clarification regarding invoicing in WAWF.
  • Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

HQ0866

Issue By DoDAAC

HQC004

Admin DoDAAC**

HQC004

Inspect By DoDAAC

SEE SCHEDULE

Ship To Code

SEE SCHEDULE

Ship From Code

SEE SCHEDULE

Mark For Code

SEE SCHEDULE

Service Approver (DoDAAC)

N/A

Service Acceptor (DoDAAC)

N/A

Accept at Other DoDAAC

N/A

LPO DoDAAC

N/A

DCAA Auditor DoDAAC

N/A

Other DoDAAC(s)

N/A

The complete text of any the provisions and clauses may be accessed electronically at www.acquisition.gov/FAR.

IMPORTANT INFORMATION FREEDOM OF INFORMATION ACT (FOIA)

SOLICITATION AND CONTRACTS FOIA AND

POSTING NOTICE

Any award(s) resulting from issuance of this solicitation or quote may be posted in the DeCA Freedom of Information Act (FOIA) electronic reading room at www.commissaries.com. The posting will contain the total contract award amount, as well as any awarded individual contract line-item pricing (CLIN and Sub-CLIN).

Unexercised option prices will not be published.

In compliance with the provisions of Executive Order 12600, the contract holder may identify to the agency FOIA Officer (foia@deca.mil), within 21 calendar days of the contract award date, any information contained in the contract that it deems to be confidential commercial information. The FOIA officer will review the submission and contact the contract holder with a decision. Failure to identify any such information will be interpreted by the Agency as the contract holder having no such information to identify or withhold from posting in the FOIA electronic reading room.

The postings typically take place at a minimum of two distinct points; upon the initial award of the contract and then again after the final option period has been exercised. However, should a FOIA request for the contract be received in the interim, the contract may be reposted including any awarded contract pricing up to the date of the FOIA request. Unexercised option prices will not be published.

This action is being taken to ensure contract award information is available to the general public, as it was in the past, pursuant to the President’s January 21, 2009 memorandum regarding the Freedom of Information Act (FOIA).

In accordance with (IAW) FAR 12.603(c)(2)(xiv) requirement, the Defense Priorities and Allocations System (DPAS) is not applicable to this solicitation.

The completed solicitation package with quotes must be returned no later than 4:00 p.m. Eastern Standard Time on August 23, 2024.

Vendors shall submit quotes via email to Tammy Torres, Contract Specialist and Evelyn Settles, Contracting Officer via email to tammy.torres@deca.mil and evelyn.settles@deca.mil. No fax, hand delivered, or mail-in quotes will be accepted. Quotes MUST be good for at least 90 calendar days after close.

Please ensure all information requested is included. Information will be posted to Contract Opportunities: https://sam.gov/content/opportunities. All future information about this acquisition, including amendments, and cancellations will also be distributed through this site. Interested parties are responsible for monitoring this site to ensure they have the most up-to-date information about this solicitation.

Questions pertaining to this solicitation be directed to Tammy Torres and Evelyn Settles via email to tammy.torres@deca.mil and evelyn.settles@deca.mil. Question(s) must be received by 10:00 AM EST on August 7, 2024.

Attachments:

1. Commissary Equipment Description (CED) 2P05-A Hanging Scale, Produce, 30 lb.
2. Commissary Equipment Description (CED) 2P05-C Floor Stand, Hanging Scale
3. Excel Pricing Spreadsheet