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; quotes are being requested and a written solicitation will not be issued. This solicitation is being requested as a Request for Quote (RFQ); solicitation number is H92244-09-T-0140, as a Firm Fixed Price (FFP) type contract with fixed unit prices. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-30, effective 17 February 2009. North American Industrial Classification Code (NAICS) 451110 applies to this procurement. This procurement is a 100% Small Business Set Aside. The size standard is $7.0M. The DPAS rating for this procurement is DO-C9. Schedule of Supplies/Services CLIN 0001: Simunition Paint Magazine for use with Simunition FX System for H&K 416, Item# 5311070SP, Qty: 600, Unit of Issue: EA; OPTION CLIN 1001: Simunition Paint Magazine for use with Simunition FX System for H&K 416, Item# 5311070SP, Qty: 200, Unit of Issue: EA; This option may be exercised before December 31, 2009; FUNDS ARE NOT CURRENTLY AVAILABLE FOR THIS OPTION CLIN AND ARE SUBJECT TO FAR 52.232-18 -- Availability of Funds (Apr 1984). OPTION CLIN 1002: Simunition Paint Magazine for use with Simunition FX System for H&K 416, Item# 5311070SP, Qty: 200, Unit of Issue: EA; This option may be exercised before December 31, 2009; FUNDS ARE NOT CURRENTLY AVAILABLE FOR THIS OPTION CLIN AND ARE SUBJECT TO FAR 52.232-18 -- Availability of Funds (Apr 1984). OPTION CLIN 1003: Simunition Paint Magazine for use with Simunition FX System for H&K 416, Item# 5311070SP, Qty: 200, Unit of Issue: EA; This option may be exercised before December 31, 2009; FUNDS ARE NOT CURRENTLY AVAILABLE FOR THIS OPTION CLIN AND ARE SUBJECT TO FAR 52.232-18 -- Availability of Funds (Apr 1984). OPTION CLIN 1004: Simunition Paint Magazine for use with Simunition FX System for H&K 416, Item# 5311070SP, Qty: 200, Unit of Issue: EA; This option may be exercised before December 31, 2009; FUNDS ARE NOT CURRENTLY AVAILABLE FOR THIS OPTION CLIN AND ARE SUBJECT TO FAR 52.232-18 -- Availability of Funds (Apr 1984). OPTION CLIN 1005: Simunition Paint Magazine for use with Simunition FX System for H&K 416, Item# 5311070SP, Qty: 200, Unit of Issue: EA; This option may be exercised before December 31, 2009; FUNDS ARE NOT CURRENTLY AVAILABLE FOR THIS OPTION CLIN AND ARE SUBJECT TO FAR 52.232-18 -- Availability of Funds (Apr 1984). OPTION CLIN 1006: Simunition Paint Magazine for use with Simunition FX System for H&K 416, Item# 5311070SP, Qty: 200, Unit of Issue: EA; This option may be exercised before December 31, 2009; FUNDS ARE NOT CURRENTLY AVAILABLE FOR THIS OPTION CLIN AND ARE SUBJECT TO FAR 52.232-18 -- Availability of Funds (Apr 1984). Deliver to: NSWDG, 1636 Regulus Avenue, Virginia Beach, Virginia 23461-2299; FOB: Destination CLAUSES INCORPORATED BY REFERENCE: FAR 52.202-1 Definitions (JUL 2004) FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-6 ALT I Restrictions on Subcontractor Sales to the Government (SEP 2006) - Alternate I (OCT 1995) FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper (AUG 2000) FAR 52.204-7 Central Contractor Registration (APR 2008) FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (APR 2008) FAR 52.212-1 Instructions to Offerors Commercial Items (JUN 2008) FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (JUN 2008) FAR 52.212-4 Contract Terms and Conditions Commercial Items (OCT 2008) FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes (DEV) or Executive Orders Commercial Items (JAN 2009) (DEVIATION) FAR 52.217-5 Evaluation of Options (JUL 1990) FAR 52.217-7 Option for Increased Quantity Separately Priced Line Item (MAR 1989) FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000) FAR 52.219-6 Notice of Total Small Business Set-Aside (JUN 2003) FAR 52.219-8 Utilization of Small Business Concerns (MAY 2004) FAR 52.219-28 Post-Award Small Business Program Representation (JUN 2007) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.222-21 Prohibition of Segregated Facilities (FEB 1999) FAR 52.222-26 Equal Opportunity (MAR 2007) FAR 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (SEP 2006) Alternate I (DEC 2001) FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998) FAR 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (SEP 2006) FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) FAR 52.222-50 Combating Trafficking of Persons (AUG 2007) FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) FAR 52.232-17 Interest (OCT 2008) FAR 52.232-18 Availability of Funds (Apr 1984) FAR 52.232-23 Assignment of Claims (JAN 1986) FAR 52.233-1 Disputes (JUL 2002) FAR 52.233-2 Service of Protest (SEP 2006) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.242-13 Bankruptcy (JUL 1995) FAR 52.244-6 Subcontracts for Commercial Items (DEC 2008) FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) DFARS 252.204-7004 Central Contractor Registration (SEP 2007) ALT A DFARS 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country (JAN 2009) DFARS 252.209-7004 Subcontracting with Firms that Are Owned or Controlled by the Government of a Terrorist Country (DEC 2006) DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (JAN 2009) DFARS 252.225-7001 Buy American Act and Balance of Payments Program (JAN 2009) DFARS 252.225-7012 Preference for Certain Domestic Commodities (DEC 2008) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DFARS 252.243-7002 Requests for Equitable Adjustment (MAR 1998) DFARS 252.247-7023 Transportation of Supplies by Sea (MAY 2002) SOFARS 5652.204-9000 Individual Authorized to Sign (2003) SOFARS 5652.233-9000 Independent Review of Agency Protests (JAN 2005) SOFARS 5652.237-9000 Contractor Personnel Changes (JAN 1998) CLAUSES INCORPORATED BY FULL TEXT: Please note that due to the character limitations in FedBizOpps, full text of the Federal Acquisition Regulation (FAR) can be accessed on the Internet at http://www.farsite.hill.af.mil All FAR representations and certifications shall be submitted through Online Representations and Certifications Application (ORCA) at https://orca.bpn.gov. FAR 52.209-1 Qualification Requirements (FEB 1995) FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Price, technical capability and delivery. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) 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. DFARS 252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS (JUN 2005) SOFARS 5652.232-9003 Paying Office Instructions (2005) SOFARS 5652.204-9004 Foreign Persons (JAN 2006) SOFARS 5652.215-9016 Technical and Contractual Questions Concerning This Solicitation (JAN 2000) SOFARS 5652.201-9002 AUTHORIZED CHANGES ONLY BY CONTRACTING OFFICER (JAN 2005) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. . The address and telephone number of the Contracting Officer is Leigh Walker, telephone (757) 893-2713. All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent via email to Kenneth Brumfiel. Questions will be accepted until March 16, 2009 @ 5:00 PM EST and posted the next day. The offeror agrees to hold the prices in its quote firm for 45 calendar days from the date specified for receipt of quotes. Only complete quotes will be considered for award. Offerors must scrutinize this solicitation and ensure their proposals and submissions comply with all requirements. It is not sufficient to merely state your proposal complies with the solicitation requirements. You must clearly identify how your proposal meets ALL of the solicitation requirements. Point of contact for this procurement is Kenneth Brumfiel at
[email protected]. All responsible sources may submit a quote, which shall be considered by NSWDG. Quotes must be received by Kenneth Brumfiel by email at
[email protected] , phone: (757) 893-2716, fax at (757) 893-2957 or U.S. Postal mail addressed to NSWDG, Attn: Kenneth Brumfiel (Contracts/N7), 1636 Regulus Avenue, Virginia Beach, Virginia 23461-2299 no later than 8:00 AM. Eastern Standard Time (EST) on 18 March 2009.