Maintenance & Repair - HAAS Machines

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.  This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will NOT be issued.

This is a Request for Proposal (RFP) using FAR Part 12, Acquisition of Commercial Items; the Solicitation number is W52P1J-21-Q-HAMT.

The solicitation and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-03.
The NAICS code for this procurement is 811310.  The Service Code is J034.

Offeror must be registered within the System for Award Management (SAM) database at time of response to this solicitation.  The website for SAM is https://www.sam.gov/.

Addendum to 52.212-1

DESCRIPTION OF REQUIREMENT

Maintenance and Repair of HAAS Machines located at Crane Army Ammunition Activity, Crane IN
In accordance with the Scope of Work dated February 17, 2021 at Attachment 01.

TYPE OF ACQUISITION AND CONTRACT

This Request for Proposal, and any ultimate Award, is limited to Phillips Corporation – Federal Division, in accordance with the Justification and Approval posted with this Solicitation.

The anticipated award will be a Purchase Order with a Base Year, plus two Option Years, as follows:

Base Year:          1 April 2021 – 31 March 2022
Option Year 1:   1 April 2022 – 31 March 2023 
Option Year 2:   1 April 2023 – 31 March 2024

CLIN 0001: Maintenance, Base Year 
CLIN 0002: Repair, Base Year
CLIN 0003: Maintenance, Option Year One
CLIN 0004: Repair, Option Year One
CLIN 0005: Maintenance, Option Year Two
CLIN 0006: Repair, Option Year Two

It is expected that the majority of the services will be performed at Crane Army Ammunition Activity, Crane IN.

Delivery of material/parts shall be FOB Destination to Crane Army Ammunition Activity, Building 148, 300 Highway 361, Crane, Indiana 47522-5001, in accordance with the following:

Crane Army Ammunition Activity Delivery Instructions

CAAA receiving hours are 0700 – 1430, Mon - Thurs BY APPOINTMENT ONLY; Includes Inert & Freight All Kind (FAK). Appointments shall be made via Carrier Appointment System (CAS). Carriers without access to the CAS System, call (812)854-2199 or (812)854-2339, 48 hours prior to delivery for appointment. Failure to follow the protocol stated herein and/or obtain a scheduled delivery time prior to delivery, may result in the truck being turned away.

PROPOSAL SUBMISSION REQUIREMENTS

The following shall submit the following in response to this solicitation:

1. Price – Prices shall be provided for each of the CLINs listed above
2. Completed Provision at Attachments 02, FAR 52.204-24, paragraph (d)(1) and (d)(2)
3. Completed Provision at Attachment 03,  FAR 52.212-3 Alt I, paragraph (b) only
4. Completed Provision at Attachment 04, FAR 52.229-11
  
BASIS FOR AWARD
The Government intends to make an award after determination that the price is reasonable, and the offeror is responsible.

Price Analysis shall be used to determine price reasonableness; additional methods of price analysis may be used as determined by the contracting officer.  These methods of evaluation may include information/input from sources such as (but not limited to) other Governmental agencies and personnel.  The Government reserves the right to require the submission of any data (i.e. Data other Than Certified Cost or Pricing Data) necessary to validate the reasonableness of an offer.

LISTING OF ATTACHMENTS
Attachment 01 – Scope of Work dated February 17, 2021 
Attachment 02 – FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services and Equipment
Attachment 03 – FAR 52.212-3 Alt I, Offerors Representations and Certifications – Commercial Items
Attachment 04 – FAR 52.229-11, Tax on Certain Foreign Procurements – Notice and Representation
Attachment 05 – Service Contract Act Wage Determination #2015-4821 Revision 14, 12/21/2020

DEADLINE FOR SUBMISSION

Offer is due March 12, 2021 no later than 4:00 p.m. Central Time.

Offer shall be submitted in the following way:

Electronically via email to the Contract Specialist Lorraine.geren.civ@mail.mil  and Contracting Officer cindy.k.wagoner.civ@mail.mil   Offerors should include “Response to W52P1J-21-Q-HAMT” within the Subject line.

QUESTIONS

Questions shall be submitted in the same manner as Offers, electronically via email to the Contract Specialist and Contracting Officer.

End of Addendum to 52.212-1

 
SOLICITATION PROVISIONS

The following Federal Acquisition Regulation (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) provisions apply and are incorporated by reference (provisions may be obtained via the internet at http://www.acquistion.gov):

FAR 52.212-1, Instructions to Offerors-Commercial Items 
FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements - Representation
FAR 52.204-7, System for Award Management
FAR 52.217-5, Evaluation of Options
DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials
DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services - Representation

The following provisions are provided in full text

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

         *SEE ATTACHMENT 02

FAR 52.212-3 Alt I, Offerors Representations and Certifications, Commercial Items (Feb 2021)
         *SEE ATTACHMENT 03

FAR 52.229-11, Tax on Certain Foreign Procurements – Notice and Representation

          *SEE ATTACHMENT 04

DFARS 252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020-O0005)(FEB 2020)

(a) Definitions. As used in this provision—

   “Agency or instrumentality of the government of Venezuela” means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela.”

   “Business operations” means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

   “Government of Venezuela” means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela.

“Person” means—

       (1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group;

       (2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and

       (3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or
(2) of this definition.

   (b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

   (c) Representation. By submission of its offer, the Offeror represents that the Offeror—

       (1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or

       (2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury.

CLAUSES 

The following Federal Acquisition Regulation (FAR), and Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply and are incorporated by reference (clauses may be obtained via the internet at http://www.acquistion.gov):

FAR 52.212-4, Contract Terms and Conditions-Commercial Items
FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items
52.203-6 Alt I, Restrictions on Subcontractor Sales to the Government    
FAR 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
FAR 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 
FAR 52.222-3, Convict Labor 
FAR 52.222-19, Child Labor-Cooperation with Authorities and Remedies 
FAR 52.222-21, Prohibition of Segregated Facilities 
FAR 52.222-26, Equal Opportunity 
FAR 52.222-35, Equal Opportunity for Veterans
FAR 52.222-36, Equal Opportunity for Workers with Disabilities
FAR 52.222-37, Employment Reports on Veterans
FAR 52.222-40, Notification of Employee Rights under the National Labor Relations Act
FAR 52.222-41, Service Contract Labor Standards
FAR 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts)
FAR 52.222-50, Combating Trafficking in Persons
FAR 52.222-55, Minimum Wages under Executive Order 13658 
FAR 52.222-62, Paid Sick Leave under Executive Order 13706
FAR 52.223-18, Contractor Policies to Ban Text Messaging while Driving 
FAR 52.225-13, Restrictions on Certain Foreign Purchases 
FAR 52.229-12, Tax on Certain Foreign Procurements
FAR 52.232-33, Payment by Electronic Funds Transfer-System for Award Management 
FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors
FAR 52.237-2, Protection of Government Buildings, Equipment and Vegetation
DFARS 252.201-7000, Contracting Officer’s Representative
FAR 52.247-34, FOB Destination    
DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials
DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights
DFARS 252.204-7003, Control of Government Personnel Work Product
DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support
DFARS 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
DFARS 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism
DFARS 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials
DFARS 252.223-7008, Prohibition of Hexavalent Chromium
DFARS 252.225-7001, Buy American Act and Balance of Payments Program
DFARS 252.225-7002, Qualifying Country Sources as Subcontractors
DFARS 252.225-7012, Preference for Certain Domestic Commodities
DFARS 252.225-7048, Export-Controlled Items
DFARS 252.225-7052, Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten
DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports
DFARS 252.232-7006, Wide Area Workflow Payment Instructions 
DFARS 252.232-7010, Levies on Contract Payments
DFARS 252.232-7017, Accelerating Payments to Small Business Subcontractors - Prohibition on Fees and Consideration
DFARS 252.243-7001, Pricing of Contract Modifications
DFARS 252.243-7002, Requests for Equitable Adjustment 
DFARS 252.244-7000, Subcontracts for Commercial items
DFARS 252.246-7008, Sources of Electronic Parts

The following clauses are provided in full text:

FAR 52.217-8 Option to Extend Services (Nov 1999)
  The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

FAR 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 15 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 42 months.

FAR 52.222-19, Child Labor – Cooperation with Authorities and Remedies (DEVIATION 2020-O0019 (JUL 2020)

   (a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in
       (1) Israel, and the anticipated value of the acquisition is $50,000 or more;
       (2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or
       (3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia,        Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more.

   (b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

   (c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

       (1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

       (2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.

       (3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

       (4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

       (1) The Contracting Officer may terminate the contract.

       (2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.

The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

AMENDMENT 01 is issued to add the Equipment List attachment, as referenced within the Performance Work Statement.