UPS Batteries

**Amendment No. 1 dated 20 September 2023 hereby breaks the set aside.  This RFQ is hereby issued as unrestricted. Complete responses are due by 12:00 PM EST Monday 25 September 2023.

Solicitation FA875123Q0153 is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 and Defense Federal Acquisition Regulation Supplement Change Notice (DCN) 20230817. See https://www.acquisition.gov/ for the full text of all provisions and clauses incorporated by reference herein.

This procurement is being issued as Unresricted under NAICS code 335999 and small business size standard of 600 employees.

The contractor shall provide the items as detailed in Attch #1 List of Materials on a Brand Name “or equal” basis to a minimum of the specifications provided on a firm fixed price basis, to include the cost of shipping FOB Destination.

The identified items as specified as Brand Name or Equal in Attch # 1 Reflect the physical, functional, and performance characteristics that reflect the characteristics and level of quality that will satisfy the minimum level of quality or reliability desired; however the offeror may provide a solution equivalent to or exceeding the functional and performance characteristics of the identified items and it will be considered for technical acceptability. The items listed may be offered on a "brand name or equal basis" pursuant to FAR 52.211-6; part numbers are provided for reference only. Technical information must be provided in sufficient detail to allow adequate and thorough technical evaluation of the proposed equal solution.

The contractor shall provide battery installation.  Battery installation MUST be completed on a Brand Name Only basis by Eaton employed certified technicians as outlined in the Brand Name Justification document (Attch 2).

Offerors shall provide at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice.

Used, pre-owned, refurbished, or remanufactured goods will not be accepted.  Items must be factory new.

****** All installation services must be performed by an Eaton factory employed and certified technician. Any offers received from Offerors who are not authorized for Eaton will not be considered for award.

In order to be considered for award the contractor must submit, with their quote, proof of certification for all Eaton employed installers/technicians who must meet all Eaton standards

SHIP HARDWARE TO:

DoDAAC: F4HBL1

CountryCode: USA

AFRL RIOLSC

AF BPN NO MILSBILLS PROCESSES

120 ELECTRONIC PKWY

ROME, NY 13441-4503

UNITED STATES

Name, Email address, and Phone number of the end user POC associated with the delivery will be provided via Section F of any award resulting from this solicitation. 

INSTRUCTIONS

The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services, applies to this acquisition. 

Addenda to the following paragraphs of 52.212-1 are:

(b) Written quotes are due at or before 12 PM, (Eastern Time)  25 September 2023.  Submit by email to Tabitha.Haggart@us.af.mil.

(b)(4)  Submit a technical description of the items being offered.

(b)(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(b)(12) Include a statement verifying that your firm is capable of conforming to the requirements of DFARS clause 252.211-7003, Item Identification and Valuation.

(g) Contract award. The Government intends to evaluate offers and award an order without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

EVALUATION

The provision at FAR 52.212-2, Evaluation -- Commercial Products and Commercial Services applies. In addition to the information within Paragraph (a), the following factors shall be used to evaluate offers: 

 (i) technical capability of the item offered to meet the Government requirement

(ii) price

The Government intends to award to the Lowest Priced Technically Acceptable Offer. In determining required technical acceptability, the Government will evaluate the items offered for compliance with the specifications listed in Attch #1 List of Materials. All evaluation factors when combined are approximately equal.

REPRESENTATIONS AND CERTIFICATIONS

Offerors are required to complete representations and certifications found in the provision at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Products and Commercial Services (Deviation 2023-O0002) as well as the following:

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation

DFARS 252.225-7000, Buy American--Balance of Payments Program Certificate

DFARS 252.225-7055, Representation Regarding Business Operations With the Maduro Regime

For your convenience all referenced certifications are attached to this solicitation. (Attachment No. 3)  

****OFFERS SHALL INCLUDE THE COMPLETED REPS AND CERTS (Attch 3) IN ORDER TO BE CONSIDERED FOR AWARD.  OFFERS THAT DO NOT PROVIDE ATTCH #3 IN THEIR RESPONSES WILL BE CONSIDERED INCOMPLETE.

TERMS AND CONDITIONS

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services, applies to this acquisition. 

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6)   52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7)   52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

52.204-27, Prohibition on a ByteDance Covered Application

52.219-6, Notice of Total Small Business Aside DEVIATION 2020-O0008

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

52.222-26, Equal Opportunity

52.222-36, Equal Opportunity for Workers With Disabilities

52.222-50, Combating Trafficking in Persons

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-13, Restrictions on Certain Foreign Purchases

52.232-33, Payment By Electronic Funds Transfer—System For Award Management

The following additional FAR and FAR Supplement provisions and clauses also apply:

52.204-16, Commercial and Government Entity Code Reporting

52.204-18, Commercial and Government Entity Code Maintenance

52.204-21, Basic Safeguarding of Covered Contractor Information Systems

52.204-22, Alternative Line Item Proposal

52.211-6, Brand Name or Equal

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

52.247-34, FOB Destination

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

252.204-7003 Control of Government Personnel Work Product

252.204-7004 DoD Antiterrorism Awareness Training for Contractors

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

252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.204-7024, Notice on the Use of the Supplier Performance Risk System

252.211-7003, Item Identification and Valuation

Para (c)(1)(i). Insert Contract Line, Subline, or Exhibit Line Item Number and Item Description: N/A

Para (c)(1)(ii). Identify Contract Line, Subline, or Exhibit Line Item Nr and Item Description:  'N/A'

Para (c)(1)(iii). Attachment Nr.:  'N/A'
            Para (c)(1)(iv). Attachment Nr.:  'N/A'
            Para (f)(2)(iii). 'N/A'

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

252.223-7008, Prohibition of Hexavalent Chromium

252.225-7001, Buy American and Balance of Payments Program

252.225-7048 Export-Controlled Items

252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime

252.225-7972, Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (MAY 2020) (DEVIATION 2020-O0015)

252.225-7973, Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation (MAY 2020) (DEVIATION 2020-O0015)

252.227-7015, Technical Data--Commercial Products and Commercial Services

252.227-7037, Validation of Restrictive Markings on Technical Data

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

252.232-7006, Wide Area Workflow Payment Instructions

252.232-7010, Levies on Contract Payments

252.239-7017, Notice of Supply Chain Risk

252.239-7018, Supply Chain Risk

252.243-7001 Pricing of Contract Modifications

252.244-7000, Subcontracts for Commercial Products or Commercial Services

252.246-7008, Source of Electronic Parts

252.247-7023, Transportation of Supplies by Sea – Basic

5352.223-9001, Health and Safety on Government Installations

5352.201-9101, Ombudsman is hereby incorporated into this solicitation. The

Ombudsman for this acquisition is Mr. Steven Ewers (Primary) 1864 4th Street WPAFB OH 45433; Phone: (937) 904-9700; FAX: (937)

656-7321; afrl.pk.workflow@us.af.mil.

CONTRACT ADMINISTRATION DATA

5352.242-9000, CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (OCT 2019)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver s license, current vehicle registration, valid vehicle insurance certificate to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

 (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with  with AFI 31-101, Integrated Defense, and DODMAN5200.02_AFMAN 16-1405, Air Force Personnel Security Program.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

 (End of clause)

CONTRACT ADMINISTRATION DATA

Note that the clause at 252.232-7003 is included in this solicitation. DoD requires all payment requests (with a few exceptions) to be submitted and processed electronically. All vendors/contractors must familiarize themselves with this clause and DFAR 232.7003 for specific procedures. The DoD preferred electronic form for transmission is Wide Area Workflow - Receipt and Acceptance (see website - https://piee.eb.mil/). Wide Area Workflow Training may be accessed online at this location.

Note that the clause at 252.211-7003 is included in this solicitation.  Agency specific guidance is provided below:

For proposed Line Item Numbers with a unit price ≥ $5,000. Vendors will be expected to supply Unique Item Identifier (UII/ UID) labels.

UII/ UID component data elements should be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; Error Checking and Correction 200 (ECC200) data matrix specification.

(A)LABEL:

If using Construct 1: Encode the two dimensional data matrix with CAGE CODE (Enterprise ID) and Serial #.

If using Construct 2: Encode the two dimensional data matrix with CAGE CODE, Serial #, and Part/Lot/Batch #.

Any costs associated in complying with these terms should be included as part of the firm fixed priced offer herein.

In accordance with DFARS 252.232-7006 Wide Area Workflow (WAWF) Payment Instructions- Vendors will be expected to have WAWF system capabilities. Guidance will be provided to the vendor with award of an order that will provide applicable codes for proper invoice submission.

The Defense Priorities and Allocations System (DPAS) rating C9 has been assigned to this effort

All responsible organizations may submit a quote, which shall be considered.