This is a combined synopsis/solicitation for commercial items prepared in accordance with the format prescribed in Subpart 12.6 of the Federal Acquisition Regulation (FAR), as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is N40442-10-T-1019, and it is being issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-38 Correction. NAICS 423740 applies. The Small Business Competitiveness Demonstration Program is applicable. This is a Small Business Set-Aside 100%. Military Sealift Fleet Support Command (MSFSC) Norfolk, VA intends to award as a Small Business Set-Aside Firm Fixed Price Purchase Order to provide new Refrigerator (Reefer) Van Containers, in support of the USNS HUMPHREYS reactivation. CLIN 0001: Refrigerator (Reefer) Van Containers MATERIAL LIST Item No. Description Qty. U/I Unit Price Extended Price 1 Reefer Container 20’ x 8’ x 8’6” Type (New) 8 EA _________ _____________ Shipping/Freight 1 JB _________ _____________ TOTAL _________ _____________ The required delivery date is 03/08/2010. The anticipated delivery address Zip Code is 23185. Commercial Item Test Program: Purchases made under this combined synopsis-solicitation, exceeding the simplified acquisition procedures (SAP) threshold, shall be conducted under the authority and procedures of FAR Subpart 13.5 – Test Program for Certain Commercial Items. Quotes will be synopsized, solicited and a purchase order issued to the successful vendor. Purchase order procedures under FAR Part 13 shall supersede any other contrary procedures mentioned or incorporated by reference in the combined synopsis-solicitation. The following FAR provisions and clauses apply to this solicitation and are incorporated by reference: 52.204-7 Central Contractor Registration 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, suspended, or Proposed for Debarment, 52.212-1 Instructions to Offerors-Commercial Items; 52.247-34 F.O.B. Destination, and 52.252-2 Clauses Incorporated By Reference The following FAR provisions and clauses apply to this solicitation and are incorporated by full text: 52.212-3 Offeror Representations and Certifications-Commercial Items Alternate I - The offeror has completed the annual representations and certification electronically via the ORCA website at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, as of the date of this offer and are incorporated in this offer by reference); 52.212-4 Contract Terms and Conditions-Commercial Items; Addendum to 52.212-4 (q) Other Compliances applies: Federal Law and regulation require Government contractors to possess appropriate insurance coverage for their employees. The Government reserves the right to request evidence of appropriate insurance, including Longshoreman's and Harbor Workers' Compensation Act (LHWCA) coverage required to perform work on or near ships. (33 U.S.C. S903(a). All policies shall contain an endorsement stating that any cancellation or material change in the coverage adversely affecting the Government's interest shall not be effective unless the Contractor provides written notice of the same to the Contracting Officer. Within 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders the following clauses apply and are incorporated by reference: 52.219-6 Notice of Total Small Business Set-Aside 52.219-8 Utilization of Small Business 52.219-14 Limitation on Subcontracting 52.219-28 Post-Award Small Business Program Representation. 52.203-6 Restrictions on Sales to Subcontractors 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 Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) (38 U.S.C. 4212) 52.222-36 Affirmative Action for Workers with Disabilities, 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and other Eligible Veterans (SEP 2006) (38 U.S.C. 4212) 52.222-39 Notification of Employee Right for Payment of Union Dues 52.222-50 Combating Trafficking in Persons (FEB 2009) 52.225-13 Restrictions on Certain Foreign Purchases, and 52.232-33 Payment by Electronic Funds Transfer --Central Contractor Registration; and 52.233-3 Protest After Award (AUG 1996), and 52.233-4 Applicable Law for Breach of Contract Claim 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 by obtaining written and dated acknowledgment of receipt from Diane Krueger, 471 East C St., Bldg. SP64, Norfolk, VA 23511. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of Provision) Addendum to 52.233-2 Service of Protest Interested parties may request an independent review of their protest as an alternative to consideration by the contracting officer or as an appeal of the contracting officer’s decision on their protest. See FAR 33.103. Requests for independent review shall be addressed to Code N10 or N10X, Military Sealift Command, 914 Charles Morris Ct SE, Washington Navy Yard, DC 20398-5540. MSFSC encourages potential protesters to discuss their concerns with the contracting officer prior to filing a protest. The following Defense FAR Supplement (DFARS) provisions and clauses apply to this solicitation and are incorporated by reference: 252.204-7004 Alt A Required Central Contractor Registration. Alternate A; 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country; 252.211-7003 Item Identification and Valuation Within DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items the following clauses apply and are incorporated by reference: 252.203-3 Gratuities 252.203-7000 Compensation for Former DOD Officials 252.225-7000 Buy American Act—Balance of Payments Program Certificate 252.225-7001 Buy American Act and Balance of Payment Program, 252.225-7012 Preference for Domestic Commodities 252.225-j7014 Deviation – Preference for Domestic Specialty Metals 252.225-7016 Restrictions on Acquisition of Ball and Roller Bearing 252.225-7036 Buy American – Free Trade Agreement-Balance of Payments Program 252.232-7003 Electronic Submission of Payment Requests, 252.243-7002 Request for Equitable Adjustments, and 252.247-7023 Transportation of Supplies by Sea The following additional clauses apply: 252.212-7000 Offeror representations and certifications- Commercial items. (JUN 2005) (a) Definitions. As used in this clause- (1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415). (2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. (3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it - (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407 (a) prohibits a United States person from taking. (c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (2) Representation. The Offeror represents that it- ___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. 52.215-5 Facsimile Proposals (757) 443-5979. The following numbered notes apply to this requirement: None At a minimum, responsible sources shall provide the following: a price proposal for each CLIN, total price, prompt payment terms, remittance address, Tax I.D. #, Duns #, and Cage Code. No partial shipments will be accepted. Responses to this solicitation are due by February 16, 2010 at 10:00 AM Eastern. Offers can be emailed to
[email protected] or faxed to 757-443-5979 Attn: Prinsez Walker. Reference Solicitation Number N40442-10-T-1019 on your quote. EVALUATION –COMMERCIAL ITEMS: (a) Purchase order will be made to that technically acceptable quotes with satisfactory or neutral past performance whose quote, conforming to the solicitation, has offered the lowest evaluated price and is deemed to be responsible. The Government reserves the right to issue a purchase order based upon initial quotes. (b) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision)