Lifesize Video Conference Room (OR EQUAL)

Added: Sep 18, 2012 10:51 am Solicitation Number: HQ0236-12-T-0028

Subject: VTC Equipment at the George C. Marshall European Center for Security Studies

Notice Type: Combined Synopsis/Solicitation

Date/Year: September 18, 2012

Classification Code: 5895, Miscellaneous Communication Equipment
NAICS Code: 334290, Other Communication Equipment Manufacturing

Contracting Office Address:
George C. Marshall Center
Gernackerstrasse 2, Bldg. 112
82467, Garmisch-Partenkirchen, Germany

Place of Performance:
Items to be shipped to Garmisch-Partenkirchen, Germany

Primary Point of Contact:
James Miller, email: james.f.miller1@marshallcenter.org

Secondary Point of Contact:
Sonnya G. Acuff, email: acuffs@marshallcenter.org

Set-Aside Status: None

Synopsis:

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

The solicitation number is HQ0236-12-T-0028 and is being issued as a Request for Quote (RFQ). The Defense Security Cooperation Agency (DSCA), George C. Marshall European Center for Security Studies (GCMC) in Garmisch-Partenkirchen, Germany, intends to extend one offer for a commercial, firm fixed price contract resulting from this combined synopsis/solicitation. All deliveries shall be received no later than 15 October 2012 in order to enable the Government to install the equipment in the facility during the next available maintenance cycle. All responsible sources may submit a quote which shall be considered by the agency.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-61, Effective 13 September 2012. The applicable North American Industry Classification Standards (NAICS) code is 334290, Other Communication Equipment Manufacturing. The small business size standard is 750 employees. DSCA GCMC intends to purchase the equipment in the attached product description list (Attachment 0001) on a brand name (or equal) basis. The Defense Priorities and Allocations System (DPAS) does not apply to this action.

Schedule of Supplies and Services:

CLIN 0001 - LifeSize Room 220i VTC system (OR EQUAL- IAW Specifications listed in Attachment 0001)

Unit Price (Indicate Currency): _______ x 1 Lot = Total: ________

CLIN 0002 - Shipping FOB Destination-to Garmisch-Partenkirchen, Germany

Unit Price (Indicate Currency): _______ x 1 Lump Sum = Total: ________

BRAND NAME OR EQUAL.

While the LifeSize brand VTC system may not be the only brand capable of meeting the GCMC's requirements, the VTC offered must be able to meet or exceed the specifications listed in Attachment 0001 "Brand Name or Equal". Quoters must be authorized dealers of the products quoted. No exceptions will be made.

INSPECTION/ACCEPTANCE.

All inspection/acceptance activities will be performed by the Government at the Government site.

DELIVERY.

SHIP TO: If contractor is able to ship to an APO, please use the following shipping address:

George C. Marshall Center
Attn: Jim Mitchell, GCMC-DOS-VID
Unit 24502
Building 253
APO AE 09053

If contractor is unable to ship to an APO, please use the following:

George C. Marshall Center
Attn: Jim Mitchell, GCMC-DOS-VID
Breitenauer Str. 16, GEB 235
82467 Garmisch-Partenkirchen
Germany

The warehouse point of contact is:

SGT Ngominlend at 49-0-8821-750-2655 or mirelle.ngominlend@marshallcenter.org.

The customer point of contact is:

Jim Mitchell at mitchellj@marshallcenter.org.

SUBMISSION REQUIREMENTS.

Quotes must be submitted no later than 1000 Eastern Standard Time, Friday, 21 September 2012, to James Miller at james.f.miller1@marshallcenter.org, +49 (08821) 750-2603.

One offer will be extended to the responsive, responsible quoter who provides the lowest price for all items specified under CLINs 0001 and 0002. Prices will be evaluated for reasonableness in accordance with FAR 52.225-17 based on the sum of CLINs 0001 and 0002. Quoters providing "or equal" products, where such products are permitted by the solicitation, shall provide sufficient documentation to allow the Government to confirm the minimum specifications of the brand name product (as listed in Attachment 0001 are met (e.g., manufacturer's specifications sheet/information packet).

Quoters shall either: (1) Be registered and have completed all Representations and Certifications in the System for Award Management (SAM) http://www.sam.gov and return FAR 52.212-3 ALT I paragraph (b) completed as necessary or (2) Return a fully completed copy of the Representations and Certifications at FAR 52.212-3 ALT I with the price quote.

The provision at 52.212-3, Offeror Representations and Certifications - Commercial Items, ALT I applies to this acquisition.

ADDITIONAL CLAUSES INCORPORATED BY REFERENCE.

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
52.212-4 Contract Terms and Conditions - Commercial Items
52.225-13 Restrictions on Certain Foreign Purchases
52.225-14 Inconsistency Between English Version And Translation Of Contract
52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration
52.233-3 Protest After Award
52.233-4 Applicable Law for Breach of Contract Claim
252.201-7000 Contracting Officer's Representative
252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country
252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Deviation)
252.222-7002 Compliance with Local Labor Laws (Overseas)
252.225-7041 Correspondence in English
252.225-7042 Authorization to Perform
252.229-7000 Invoices Exclusive of Taxes or Duties
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
252.232-7008 Assignment of Claims (Overseas)
252.233-7001 Choice of Law (Overseas)

ADDITIONAL CLAUSES - FULL TEXT.

FAR 52.211-6 BRAND NAME OR EQUAL (Aug 1999)

(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.

(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (Mar 2012) (DEVIATION)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(iii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities

(iv) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)

(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using http://www.xe.com in effect as follows:

(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b) For acquisitions conducted using negotiation procedures-

(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

GCMC, Contracting Division
Attn: Sonnya Acuff, Chief
Gernackerstrasse 2
82467, Garmisch-Partenkirchen, Germany

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acqnet.gov/far

http://www.farsitehill.af.mil

http://www.dtic.mil/dfars

252.229-7001 TAX RELIEF (JUNE 1997) - ALTERNATE I (JUNE 1997)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: (Mehrwertsteuer ) RATE (PERCENTAGE): (19%)

(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes.
The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract.

(d) Tax relief will be claimed in Germany pursuant to the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense. The Contractor shall use Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate for Tax-Free Deliveries/Performance according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authorities. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled, and reported as tax-free.

252.229-7002 CUSTOMS EXEMPTIONS (GERMANY) (JUNE 1997)

Imported products required for the direct benefit of the United States Forces are authorized to be acquired duty-free by the Contractor in accordance with the provisions of the Agreement Between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the Interest of Common Defense.

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.

(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide--

(1) The total dollar amount of the levy;

(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and

(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.

(c) DoD shall promptly review the Contractor's assessment, and the Procuring Contracting Officer shall provide a written notification to the Contractor including--

(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and

(2)(i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or

(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.

(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.

CCE 225-4000 AUTHORIZATION TO PERFORM SERVICES IN GERMANY (MARCH 2005)

Contractors performing services in the Federal Republic of Germany (FRG) shall comply with German law. The Contractor shall determine whether performance requires registration with German authorities or authorization to do business in Germany and, if so, shall comply with all requirements. Whether or not registration or authorization to do business is required, the Contractor also shall determine what documents or authorization its employees and any subcontractor employees must possess to work in Germany. The Contractor shall ensure affirmatively that its employees and subcontractor employees possess such documents or authorizations.

Contractor employees who:

(a) are not nationals of Germany or other European Union countries, and

(b) are not members of the force, the civilian component or their dependents, and

(c) do not have assimilated status under Articles 71, 72, or 73 of the Supplementary
Agreement to the NATO SOFA shall possess work and residence permits.

By acceptance of and performance under this contract and any task orders or delivery orders issued hereunder, the Contractor affirms that it has complied with the requirements above. Compliance with this clause and German law is a material contract requirement. Noncompliance by the Contractor or Subcontractor at any tier shall be grounds for issuing a negative past performance evaluation and terminating this contract, task order, or delivery order for default.

CCE 232-4001 FOREIGN VENDORS REQUESTING PAYMENT VIA ELECTRONIC FUNDS TRANSFER (March 2005)

Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized.

- SWIFT CODE
- BLZ or BANK ROUTING NUMBER
- ACCOUNT NUMBER
- BANK NAME
- International Bank Account Number (IBAN)(if applicable): ___________________________

CCE 239-4000 ELECTROMAGNETIC COMPATIBILITY DIRECTIVE (GERMANY) (March 2005)

The Contractor certifies that all electrical and electronic equipment and/or appliances furnished are in compliance with the Electromagnetic Compatibility Directive 89/336/EEC. For radio transmitting and telecommunication devices furnished in the Federal Republic of Germany, the Contractor certifies that all such items have been approved by the Bundesamt fuer Zulassungen. Any penalties for noncompliance imposed by the Government of the European country where the equipment or appliances are delivered or product liability claims caused by interference generated by furnished appliances or equipment are solely the responsibility of the Contractor.

ADDENDUM TO FAR 52.212-4(g), INVOICING PROCEDURES.

Upon receipt of all items ordered under this contract, the Contractor is authorized to submit an electronic invoice to the POC serving as the Billing Office at the following address. Payment will be authorized upon receipt of a proper invoice, provided there is no disagreement with the COR over quantity, quality, or Contractor compliance with contract requirements.

George C. Marshall Center
GCMC-VID, Attn: Jim Mitchell
Gernackerstr. 2, Bldg. 105,
82467 Garmisch-Partenkirchen

E-mail: mitchellj@marshallcenter.org
Phone: +49 (08821) 750-2879

The Invoice must contain the information in FAR 52.212-4, paragraph (g).

Sample Invoice Information

Contractor Name, address and telephone number
Shipping Number and Date of Shipment (if applicable)
Terms of any discount for prompt payments
Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

Invoice
Invoice No: 123456789
Contract No. HQ0236-12-P-XXXX
Call No: XXXX Invoice Date: day month year


CLIN Description QTY Unit Unit Price Extended Price
0001 XXXX 1 XX X.XX XXX.XX

. (additional invoiced items) . . .
. . . . .
. . . . .
Invoice Total XXX.XX

Electronic Funds Transfer
(EFT Request) Provide:
• SWIFT CODE
• BLZ or BANK ROUTING NUMBER
• ACCOUNT NUMBER
• BANK NAME
• International Bank Account Number (IBAN) (If Applicable)

The POC will date and time stamp all invoices immediately upon their receipt, coordinate with the COR to verify and certify that supplies or services have been provided in accordance with the terms and conditions of this contract, verify correctly completed invoices, and, by the 5th working day after Government acceptance or approval, forward the proper invoice/receiving report to the disbursing finance office at:

DFAS Indianapolis
Defense Finance and Accounting Service
Kleber Kaserne, Geb 3200, Attn: IN
Mannheimer Str. 218-219
67657 Kaiserslautern

If the invoice is incorrect or incomplete, the POC will identify defects in writing on the invoice and return it to the Contractor for correction within 7 days after receipt. However, if the invoice is incorrect due to deficiencies in performance which cannot be rectified through coordination with the contractor or subject to assessment of deductions, the POC will forward the invoice together with the COR's inspection findings relative to delayed, defective, or unacceptable work or contractor performance to the Contracting Officer for action.

If your remittance address for payment is different than the address as stipulated in your contract, this must be stated in your invoice. Further, to expedite payment, Electronic Funds Transfer (EFT) is the quickest and most secure method in getting paid. Your banking information, i.e. name of bank, bank routing number, and account number, should be stated. If you are billing in U.S. Dollars, and you reside overseas, your bank must have a partnering (sponsor) bank in the U.S. This must be stated, and the banking information for the sponsor bank must be listed. For invoices submitted in Euros, where your bank is outside of a Eurozone country, your bank must have a partnering (sponsor) bank in a Eurozone country, and this information must be listed on the invoice.