The purpose of this amendment is to replace the purchase description 34 TRW/SDCU 55246, dated 24 November 2008, update clauses, and add a clause(indicated in bold text). The closing date changes from 1:00 PM Mountain Time, 26 January 2010 to 1:00 PM Mountain Time, 29 January 2010. This is a combined synopsis/solicitation for commercial items or 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; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ), solicitation number FA7000-10-T-0020, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-38, effective 11 JAN 2010 and class deviation 2009-O0009. The North American Industrial Classification System (NAICS) number is 315192 and the business size standard is 500 employees. The proposed acquisition is 100% Small Business set aside. All responsible sources may submit a response, which if received timely, will be considered by 10th LG/LGCB. The USAF Academy has a requirement for men's and women's desert sand pattern, thermal shirts and pants. The following provides the salient characteristics that will satisfy the Governments needs: REQUIRED SALIENT CHARACTERISTICS: 1. Shirt, Thermal, Men's, IAW 34TRW/SDCU PD 55246, DTD 24 NOV 2008 (attachment #1) Color: Desert Sand. See size and quantity below: 2. Shirt, Thermal, Women's, IAW 34TRW/SDCU PD 55246, DTD 24 NOV 2008 (attachment #1) Color: Desert Sand. See size and quantity below: 3. Pants, Thermal, Men's, IAW 34 TRW/SDCU PD 55246, DTD 24 NOV 2008 (attachment #1) Color: Desert Sand. See size and quantity below: 4. Pants, Thermal, Men's, IAW 34 TRW/SDCU PD 55246, DTD 24 NOV 2008 (attachment #1) Color: Desert Sand. See size and quantity below: LINE ITEM: Description Qty Unit Price Extended Price (0001 Shirt, Thermal, Men's) 300 ________ ___________ Medium: 200 each Large: 100 each FOB: Destination MILSTRIP: FX70009318A008 SIGNAL CODE: A Description Qty Unit Price Extended Price (0002 Shirt, Thermal, Women's) 360 ________ __________ Small: 100 each Medium: 200 each Large: 60 each FOB: Destination MILSTRIP: FX70009318A007 SIGNAL CODE: A Description Qty Unit Price Extended Price (0003 Pants, Thermal, Men's) 1,260 ________ ___________ Small: 150 pair Medium: 700 pair Large: 350 pair X-Large: 60 pair FOB: Destination MILSTRIP: FX70009318A007 SIGNAL CODE: A Description Qty Unit Price Extended Price (0004 Pants, Thermal, Women's) 340 ________ ___________ Small: 120 pair Medium: 160 pair Large: 60 pair FOB: Destination MILSTRIP: FX70009318A007 SIGNAL CODE: A Delivery Requirement: FOB for this RFQ is Destination. Quotations received with FOB other than Destination will not be considered. The delivery date required is NLT 14 April 2010. These products must comply with the Buy American Act (manufactured in the USA; and at least 51% of the cost of materials made, fabricated, purchased must be made in the USA). The following Federal Acquisition (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items, addenda applies: Addenda to FAR 52.212-1, Proposal Preparation Instructions: 1. Initially, quotes shall be ranked according to price. An offeror's proposed prices will be determined by multiplying the quantities identified in the Pricing Schedule by the unit price for each item to confirm the extended amount for each. 2. The offeror must submit data that adequately demonstrates that its product meets or exceeds the salient characteristics of the solicitation. A general statement of compliance or restatement of the salient characteristics is insufficient. Offerors shall include in their quote descriptive literature such as illustrations, drawings, or a clear reference, such as a website, to information readily available to the contracting officer to conclude that their product is in accordance with 34TRW/SDCU PD 55246, DTD 24 NOV 2008 (attachment #1). 3. Those vendors who meet or exceed the salient characteristics, will be evaluated on a pass/fail basis. Then those vendors who pass technically (pass/fail) will be evaluated based on who offered the lowest evaluated price. 4. Contractor shall submit their quote on company letterhead, provide solicitation number, the time specified in the solicitation for receipt of offers, name, address, and telephone number of the offeror, unit price, an overall total price, any discount terms, cage code, DUNS number, size of business, descriptive literature such as illustration, drawings, or a clear reference to information readily available to the Contracting Officer, warranted information and a statement that the provision at FAR 52.212-3 is electronically online at http://orca.bpn.gov/publicsearch.aspx. Also, please provide a signed copy of DFARS 252.225-7000 (http://farsite.hill.af.mil/), Buy American Act-Balance of Payments Program Certificate (Attachment 1). In addition, any acknowledgement of solicitation amendments. The provisions at 52.212-2, Evaluation--Commercial Items apply to this acquisition. (a) The Government will award a purchase order using FAR Part 12 and 13 resulting from this solicitation to the responsive responsible offeror who has been determined their product meets the listed salient characteristics and is in accordance with 34TRW/SDCU PD 55246, DTD 24 NOV 2008 (attachment #1) on a pass/fail basis at the lowest evaluated price. If an offer is not technically acceptable, it will not be considered Paragraphs b and c are not applicable as shown below: (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. The clause at FAR 52.212-4, Contract Terms and Conditions--Commercial Items, with the following addenda, applies: FAR 52.252-2 Clauses Incorporated by Reference: This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/. USAFA 5352.242-9000, Contractor Access to Air Force Installations (Aug 2007) (USAFA Supplemented Jul 08) (a) Per Air Force requirements, the contractor shall obtain base identification 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. ADDED: All contractor employees shall comply with United States Air Force Academy (USAFA) security requirements while on the installation. USAFA security needs are supported by both military personnel and contractor employees. (1) Added: At the USAFA, contractor personnel are required to obtain Contractor Access Badges (CABs). CABs are only applicable to contractor employees performing duties requiring weekly access to the installation for a period of time exceeding 7 days. If required access is less than 7 days, the process to obtain access is via application for an AF Form 75, Visitor Pass. Both CABs and Visitor Passes are issued at the Pass and Registration Center (PRC) located at the south entrance to the USAFA. (2) Added: All references to contractor in this clause include the prime contractor and all subcontractors. (3) Added: Vehicle Usage (i) Contractor vehicles delivering food or water onto the installation are subject to inspection at entry control points. Vehicles making food and water deliveries on the installation will secure their vehicles when not attended to prevent unauthorized access and potential tampering. Vehicles making deliveries off the installation prior to arriving at the USAFA will ensure delivery vehicles remain locked when not attended. Failure to comply with these requirements may result in termination of vehicle access privileges. (ii) Contractors filling water trucks on the installation are only authorized to fill trucks from the non-potable hydrant outside Bldg 8034 and non-potable reservoir #3. The approved potable location is from the hydrant south of Bldg 8124, Snow Barn. Exceptions to these locations can be approved by 10 CES after coordination with 10 SFS. Any location where contractors are filling water trucks will have a back-flow preventor installed. (4) Added: Security Requirements. The contractor shall adhere to the installation security requirements as provided for in AFI 31-601, Industrial Security Program Management, USAFA supplement Chapter 2,Para 2.3 and 2.4; Chapter 7, Para 7.3; and Chapter 8) AFI 10-245, Air Force Antiterrorism (AT) Standards (Paragraphs 2.22, Atch 3), DoDI 2000.16, Department of Defense Antiterrorism Standards, Paragraphs E3.18 and E3.25). (i) Antiterrorism (AT). During increased Force Protection Conditions (FPCONs), entry requirements to the installation may change with little to no notice. During FPCON Charlie, contractors without a "C" on their CAB may be denied access. Depending on the incident or threat, all personnel to include contractors may be denied access to the installation for safety/security reasons. (I) Contractors are subject to spot checks or inspections of their vehicles and personal items at entry control points or facility access points during higher threats or during random antiterrorism measure checks. Failure to comply with these added security measures may result in denial of access to the installation. (II) Contractors are encouraged to receive Antiterrorism Awareness Training annually available at no cost, but it is not required in CONUS. Installation, Mission Element or the Unit Antiterrorism Representative (ATR) can provide this training when requested. Contractors can play an important role in protecting the installation and are encouraged to report suspicious activity to Security Forces by either calling 911 during emergencies or 333-2000. (ii) Operations Security (OPSEC): As applicable based on the scope and nature of the contract, the contractor shall comply with Government OPSEC guidance and training as prescribed in AFI 10-701, Operations Security, Chapter 4, paragraph 4.1 and AFI 33-332, Privacy Act, for handling of For Official Use Only (FOUO) information and HQ 10 ABW/CC Memorandum, USAFA Operations Security (OPSEC) Policy. Government provided OPSEC training is offered at no charge to the contractor. The contractor shall notify the applicable Unit OPSEC representative of the using activity receiving the contracted support, within one business day upon the discovery of any OPSEC violations (iii) Communications Security (COMSEC): The contractor shall comply with Government COMSEC requirements as contained in AFI 33-201V2, Communications Security, user requirements and USAFA COMSEC Manager guidance/directives. (5) Added: Prior to contractor employees providing services on the installation under this contract, the contractor shall validate that all contractor employees performing services on the installation are United States citizen or hold a valid resident alien status providing proof of alien registration with the Immigration and Customs Enforcement Service. (i) Background Checks. Prior to contractor personnel working on USAFA installation properties, the contractor shall agree that USAFA Security Forces may conduct a criminal history check, as applicable, on any or all employees performing on this contract. Criminal history checks may include accessing the appropriate state crime information center and national crime information center database to include, but not limited to, any state listed by the employee as current and past addresses. If this contract requires that any of the contractor's personnel must submit to a National Agency Check with Inquiries (NACI) background check, the Government shall bear the expense of that background check. Contractor employees found in violation of this process will be immediately removed from Academy grounds, are subject to barment, and will not be allowed to re-enter until completion of the CAB process. (ii) Convictions. Based on the results of the background check, any felony conviction in the past ten (10) years shall constitute indisputable grounds for the Contracting Officer (CO), with coordination from the 10th Air Base Wing Commander, to immediately require denial of access or removal of the employee from the effort under this contract. For felony convictions more than ten (10) years ago, the contractor may recommend the employee be retained on the contract. In addition, any misdemeanor conviction in the past five (5) years shall also constitute indisputable grounds, with coordination from the 10th Air Base Wing Commander, to restrict or immediately remove employees from effort under this contract. (I) Applicable convictions include: Murder; Assault with intent to commit murder; Espionage; Sedition (Conspiracy); Kidnapping or hostage taking; Treason; Rape or aggravated sexual abuse; Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon; Extortion; Distribution or intent to distribute a controlled substance; Illegal possession of a controlled substance; and Any felony conviction involving: Armed or unarmed robbery, Arson, Acts involving a threat, Willful destruction of property, Importation or manufacture of a controlled substance, Burglary or theft, Dishonesty, fraud, or misrepresentation, Possession or distribution of stolen property, Aggravated assault, Bribery, Violence at international airports (18 USC 37), or Conspiracy or attempt to commit any of the criminal acts listed above or any violations of immigration and naturalization laws. (II) Actions that involve restrictions or removal do not relieve the contractor from complete and satisfactory performance of the contract tasks specified herein. (iii) Warrants. If during the course of the CABs processing, any contractor personnel are found to have an outstanding warrant, Security Forces may detain the contractor employee and may notify the appropriate law enforcement authorities. The 10th Air Base Wing Commander may issue a barment letter based upon the gravity of the offenses surrounding a warrant. (iv) Barment. Employees removed by the CO may also be subject to barment from entering the USAFA. (I) Barment appeals are processed through 10th Security Forces Squadron Commander to the 10th Air Base Wing Commander who may rescind the barment and permit the contractor employee to work on the installation. (II) Individuals have 30 days from the date of the initial contractor access denial letter to submit a justification in writing to 10 SFS/S5B, along with any notarized copies of court documents or other documents they determine necessary to rebut the disqualifying information. (III) In the case of a barment based on an outstanding warrant, the contractor may appeal the barment through the 10th Security Forces Squadron Commander to the 10th Air Base Wing Commander who may rescind the barment and permit the contractor employee to work on the installation. (IV) The CO may require the contractor to restrict the employee's use on this contract until the case is resolved. (V) Actions that involve barment do not relieve the contractor from complete and satisfactory performance of the contract tasks specified herein. (b) See USAFA implementation procedures below. (1) Added: The contractor shall submit a letter to the CO specifying contractor personnel authorized to sign a USAFA Form 111, Application for Personnel and Vehicle Pass to Work Under Air Force Contract. The contractor shall submit a USAFA Form 111 on each contractor employee requiring access to the installation to perform work cited in the contract. All contractors require issuance of a CAB from the Pass and Registration Center (PRC). CABs will be issued to contractors performing duties on USAFA as identified on the USAFA Form 111 and who require weekly access to the installation for a period of time exceeding 7 days. If required access is less than 7 days, contractors are issued an AF Form 75, Visitor Pass. CABs will be issued for a performance period not to exceed one year. (2) Added: The CO, Contract Specialist (CS) or Sponsoring Official will endorse the USAFA Form 111 and the individual requiring the badge will hand-carry the original USAFA Form 111 to the PRC for processing. Badges processed by contractors themselves will not be accepted. Contractor personnel are required to prominently display their CABs in a visible location above their waist while visiting or performing work on the installation. The Contracting Office may restrict the contractor's employees from accessing the installation(s) until CABs are obtained. The CO will maintain a copy of all USAFA Form 111s accomplished for each contract for accountability of badges issued. (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 work site. (1) Added: CABs shall be returned by the contractor to the PRC within 5 calendar days after the employee no longer requires access to the work site. (2) Added: Contractors are required to submit a letter to the CO immediately after employee(s) being terminated or otherwise leaving their employment on a contract. The letter shall contain the names(s) of the individuals(s) with their social security numbers. The CO will endorse the letter and forward it to PRC. The contractors shall collect CABs and return them to the PRC within 5 days. (3) Added: At the end of each performance period (i.e. options) and at the expiration of the contract, the contractor shall submit a letter to the CO containing the number of badges issued on each contract, the names of the individuals with their social security numbers, and identify those badges being returned. The CO will verify the names and number of badges on the letter utilizing their copy of the USAFA Form 111. The CO will maintain a copy of the letter and forward the contractor's original letter to PRC. By endorsement of the letter, the PRC will notify the CO of receipt of all badges or of any discrepancies. (4) Added: Denial of Access of Contractor Employees. The Government reserves the right to deny access of contractor employee(s) for substantiated misconduct (has the potential to jeopardize the mission, put themselves or others at risk, etc.) or security reasons. This action does not relieve the contractor from complete and satisfactory performance of the contract tasks specified herein. (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1 Air Force Installation Security Program and AFI 31-501, Personnel Security Program Management, Paragraphs 3.24 and 3.27. (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) 5352.201-9101 OMBUDSMAN (AUG 2005) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the USAF Academy Ombudsmen, Kelly Snyder 8110 Industrial Drive, Ste 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-9018 email:
[email protected] Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) 52.212-5 Contract Terms and Conditions required to Implement Statutes or Executive Orders-Commercial Items ( DEC 2009 ) Deviation 52.219-6 Notice of Total Small Business Set Aside (Jun 2003) 52.219-28 Post-Award Small Business Program Representation ( APR 2009 ) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies ( AUG 2009 ) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) 52.222-50 Combat Trafficking in Persons (Feb 2009) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) DFARS 252.212-7001, Contract terms and Conditions required to implement status of Executive Orders applicable to Defense Acquisitions of Commercial Items (Jan 2009) (Deviation) applies to this acquisition. DFARS 252.225-7001, Buy American Act and Balance of Payments Program (Jan 2009) 252.232-7003, Electronic Submission of Payment Request (Mar 2008). 252.247-7023, Transportation of supplies by sea, ALT. III Quotes must be received NLT 1:00 pm Mountain Standard Time, 26 January 2010 at the 10th MSG/LGCB, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Contractor shall submit their quote by facsimile (719) 333-4143 to the attention of Alex Kephart or e-mail to Alex Kephart at
[email protected]. In my absence, please contact Diana South, Contracting Officer, 719-333-8650 or email to
[email protected].