Active

Contract Opportunity

15 November 2023 - this solicitation is hereby reopened, with updated attachments and a new response date.

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This is a combined synopsis/solicitation for commercial products and commercial services 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; Offers are being requested and a written solicitation (paper copy) will not be issued. Further, offerors are responsible for monitoring this site for the release of amendments (if any) or other information pertaining to this solicitation.

Solicitation FA875123R0012 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) 2024-01 and Defense Federal Acquisition Regulation Supplement Publication Notice (DPN) 20231025.

See https://www.acquisition.gov/ for the full text of all provisions and clauses incorporated by reference herein.

This solicitation is unrestricted. The NAICS code is 332999 and small business size standard is 750 employees.

The contractor shall provide a quote in accordance with the specifications outlined in the specification document (Attachment 1) on a firm fixed price basis, including the cost of shipping FOB destination. All Offerors are required to complete and return with their offer the provided Price Schedule (Attachment 3), which outlines the intended CLIN structure and payment terms for the eventual contract.

SHIP HARDWARE TO:

DoDAAC: F4HBL1

CountryCode: USA

AFRL RIOLSC

AF BPN NO MILSBILLS PROCESSES

148 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.

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

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

DELIVERY

The anticipated delivery date is within 6 months after date of award. All deliveries shall be made in accordance with FAR 52.247-34 FOB Destination (Nov 1991). The place of delivery, acceptance and FOB destination point is Rome, NY 13441.

INSTRUCTIONS

The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023), applies to this acquisition.

Addendum to the following paragraphs of 52.212-1 are:

(b) Written quotes are due at or before 12:00pm Eastern Time Tuesday, 09 January 2024. Submit by email to leenawattie.budhu.1@us.af.mil. Offerors are encouraged to submit their quotes using the SF 1449, Solicitation/Contract/Order for Commercial Products and Commercial Services.

(b)(1) FORMAL COMMUNICATIONS/INQUIRIES: Formal communications/inquiries such as requests for clarification and/or information concerning this solicitation MUST be in writing and include “FA875123R0012” in the subject line. Questions regarding the solicitation must be submitted no later than 10 calendar days prior to the quotation due date to enable the Government sufficient time to provide answers prior to solicitation closing. Questions received after this date may not be answered. Submit inquiries to Contract Specialist, Leena Budhu at email leenawattie.budhu.1@us.af.mil, with a cc to Contracting Officer Cody Owens at email cody.owens.4@us.af.mil. Responses to questions, as appropriate, will be posted as amendments to the solicitation on SAM.gov.

(b)(4) Submit a technical description of the items being offered. All offerors shall also submit sufficient technical documentation with their quote to evidence that their proposed RF reflectivity performance has or can actually be achieved.

(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.

(b)(13) Compliance matrix. All Offerors are required to complete and return with their quote the compliance matrix identified as Attachment 4 to this solicitation. Complete per the embedded key, to indicate compliance or non-compliance with each individual technical requirement. Additional notes may be provided in the 'Comments' column, as necessary.

(b)(14) Country of Origin (COO). All Offerors shall clearly identify in their quote the COO for the end item deliverable that is the chamber itself. Note that the chamber deliverable is CLIN 0002 in the Price Schedule attachment (Attachment 3).

(g) Contract award. The Government intends to evaluate offers and award a contract 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; and waive informalities and minor irregularities in offers received.

(k) SAM. Offerors must be registered in the SAM database to receive a contract award. If the Offeror does not become registered in the SAM database within 5 days after receiving notification from the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

EVALUATION

The provision at FAR 52.212-2, Evaluation -- Commercial Products and Commercial Services (NOV 2021) applies. In addition to the information within Paragraph (a), the following factors shall be used to evaluate offers:

1. Price and


2. Technical Capability

The Government reserves the right to evaluate quotes using a tradeoff process whereby it accepts other than the lowest priced or highest technically rated quote. Offerors whose proposed technical solutions exceed the RF reflectivity performance specified in the specifications document will be evaluated, and a best value determination made.

With regard to price, the Government will establish a Total Evaluated Price (TEP) for each offeror by summing proposed prices for all CLINs on the Price Schedule (Attachment 3).

The Government will analyze offers to determine whether there are unbalanced separately priced line items or sub-line items. Prices submitted will be compared and evaluated to ensure that a logical progression exists as related to price and quantity changes within each Offeror's response to the pricing structure in the line items. The evaluation will consider the risks to the Government associated with the unbalanced pricing in determining the award decision, and consider whether award of the order will result in paying unreasonably high prices for performance. Offers that are determined to be unbalanced may be rejected if the lack of balance poses an unacceptable risk to the Government.

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 (Nov 2023), as well as the following:

52.204-24 Representation Regarding Certain Telecommunications And Video Surveillance Services Or Equipment (Nov 2021)

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation (Jun 2020)

252.204-7017, Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services—Representation (May 2021)

252.225-7020, Trade Agreement Certificate (Nov 2014)

For your convenience all referenced certifications are attached to this solicitation (Attachment 2).

TERMS AND CONDITIONS

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Products and Commercial Services (NOV 2023), 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 (NOV 2023), applies to this acquisition.

a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

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))

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

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations

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

(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:

52.203-6, Restrictions on Subcontractor Sales to the Government

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

52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).

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

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

52.219-8, Utilization of Small Business Concerns

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

52.222-35, Equal Opportunity for Veterans

52.222-36, Equal Opportunity for Workers With Disabilities

52.222-37, Employment Reports on Veterans

52.222-40, Notification of Employee Rights Under the National Labor Relations Act

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

52.229-12, Tax on Certain Foreign Procurements

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

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

52.203-3, Gratuities

52.203-17 – Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

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

52.247-34, 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

252.204-7015, 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'

252.215-7007, Notice of Intent to Resolicit

252.215-7008, Only One Offer

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

252.223-7008, Prohibition of Hexavalent Chromium

252.225-7012, Preference for Certain Domestic Commodities

252.225-7021, Trade Agreements

252.225-7048 Export-Controlled Items

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten

252.225-7055, Representation Regarding Business Operations with the Maduro Regime

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

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

252.225-7973, Prohibition on The Procurement Of Foreign-Made Unmanned Aircraft Systems—Representation (Deviation 2020-O0015)

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

252.243-7001 Pricing of Contract Modifications

252.243-7002, Requests for Equitable Adjustment

252.244-7000, Subcontracts for Commercial Products and Commercial Services

252.246-7008, Source of Electronic Parts

252.247-7023, Transportation of Supplies by Sea – Basic

5352.201-9101, Ombudsman (JUL 2023) is hereby incorporated into this solicitation. The Ombudsman for this acquisition is Ombudsman: Mr. Steven L. Ewers (Primary), AFRL/PK, 1864 Fourth Street, Wright-Patterson AFB OH 45433-7130, COMM (937) 904-9700, FAX (937) 656-7321, email: afrl.pk.workflow@us.af.mil

5352.223-9001, Health and Safety on Government Installations (Jul 2023)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Department of the Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(End of clause)

5352.242-9000, Contractor Access to Department of the Air Force Installations (Jul 2023)

(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 Department of 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, and 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 AFI 31-101, Integrated Defense, and DODMAN5200.02_AFMAN 16-1405, Air Force Personnel Security Program and applicable individual area operating instructions.

(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 https://pieetraining.eb.mil/wbt/xhtml/wbt/wawf/index.xhtml. Please confirm in your proposal that your company is able to submit electronic invoices as set forth in the clause.

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.

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

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

Attachments/Links