This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.The solicitation number is W912CN-13-T-0135 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-69. The associated North American Industrial Classification System (NAICS) code for this procurement is 334511 with a small business size standard of 750.00 employees.This requirement is an [ Economically Disadvantaged Women-Owned Small Business ] set-aside and only qualified offerors may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2013-08-19 12:30:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be in the Place of Performance. The ECC PACIFIC RCO Hawaii requires the following items, Brand Name or Equal, to the following: LI 001: TEM NUMBER 803-0002-00, STALKER II MDR MOVING DIRECTIONAL RADAR,BRAND NAME OR EQUAL SALIENT CHARATERISTICS: 1. INCLUDES: STALKER II UNIT RADAR UNIT, IR REMOTE CONTROL 2.TWO BATTERIES (HANDLES) 3.BATTERY CHARGER 4.TWO TUNING FORKS - 25 & 40 MPH 5.SHORT DASH MOUNT (7.4" TO 11.8") 6.CIGARETTE-PLUG POWER 7.CABLECAN/VSS ADAPTER CABLE 8.OPERATOR MANUAL 9. HARD CARRYING CASE W/ BOX 10. 24 MONTH WARRANTY, 20, EA; LI 002: ITEM NUMBER 063-0003-01, ADDITIONAL 12 MONTH WARRANTY, 20, EA; LI 003: SHIPPING TO HAWAII, 1, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, ECC PACIFIC RCO Hawaii intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. ECC PACIFIC RCO Hawaii is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids.All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at
[email protected]. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or
[email protected] of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. The offeror must comply with the following commercial item terms and conditions: FAR 52.252-1, Solicitation Provisions Incorporated by Reference; FAR 52.204-8, Annual Representation and Certification; FAR 52.212-1, Instructions to Offerors; 52.212-3, Offeror Representations and Certifications; FAR 52.211-6, Brand name or Equal, DFARS 252.212-7000, Offeror Representations and Certifications-Commercial items. The following clauses apply to this solicitation: FAR 52.212-4, Contract Terms and Conditions - Commercial Items. The following FAR clauses in paragraph (b) of FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, apply: 52.204-10, Reporting Executive Compensation and First Tier Subcontract Awards; 52.219-6, Notice of Total Small Business Set-Aside; 52.219-28, Post Award Small Business Program Rerepresentation; 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, Affirmative Action for Workers with Disabilities; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration. 52.233-4, Applicable Law for Breach of Contract Claim; The following DFARS clauses apply: 252.204-7004 ALT A, Required Central Contractor Registration; 252.211-7003, Item Identification and Valuation; 252.225-7002, Qualifying Country Sources as Subcontractors; 252.232-7010, Levies on Contract Payments; DFARS clause 252.212-7001, Contract Terms and Conditions Required To Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, paragraph b apply: 252.203-7000, Requirements Relating to Compensation of Former DoD Officials; 252.225-7001, Buy American Act and Balance Of Payments Program; 252.225-7036, Buy American Act -- Free Trade Agreements -- Balance of Payments Program; 252.232-7003, Electronic Submission of Payment Requests; 252.247-7023, ALT III, Transportation of Supplies by Sea. IAW FAR 52.212-2; Evaluation - Commercial Items, the following factor shall be used to evaluate offers: Price. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. IAW FAR 52.204-8 Annual Representation and Certification, the offeror is required to input their Representations and Certifications into the online representation and certifications application (ORCA) database which is located at https://orca.bpn.gov/ Shipping must be Free On Board (FOB) Destination OCONUS (Outside Continental U.S.) New Equipment ONLY. NO USED OR REMANUFACTURED PRODUCTS WILL BE ACCEPTED. Submitted Bids will be valid for 45 days after the auction closing. No multiple awards will be made. Quotes received through FedBid will be evaluated and awarded on an ?all-or-nothing? basis. IAW FAR 52.252-2 Clauses Incorporated by Reference, the full text of FAR and DFARS Clauses may be accessed electronically at http://farsite.hill.af.mil; and are current to the most recent revision dates posted on this site. The associated North American Industrial Classification System (NAICS) code for this procurement is _334511_________ with a small business size standard of 750___ employees. The contractor must be an authorized dealer of the specified equipment to ensure warranty and maintenance support. 52.228-5000 -- REQUIRED INSURANCE - Use in solicitations and contracts if a fixed-price contract is contemplated, the contract amount is expected to exceed the simplified acquisition threshold, and the contract will require work on a Government installation, unless -- (1) Only a small amount of work is required on the Government installation (e.g., a few brief visits per month); or (2) All work on the Government installation is to be performed outside the United States and its outlying areas. (a) The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance: AMOUNT TYPE PER PERSON PER ACCIDENT PROPERTY Comprehensive General Liability: $500,000 Comprehensive Automobile Liability $200,000 $500,000 $20,000 Workmen's Compensation and Liability Insurance: As prescribed or required by law, with minimum employer liability limit of $100,000 for accidental bodily injury or death, or for occupational disease.) (b) Prior to the commencement of work, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer. (c) The Contractor agrees to insert the substance of this clause, including this paragraph (c) in all subcontracts hereunder. (d) It is the contractor?s responsibility to insure the following changes are incorporated into their submitted Certificate of Insurance: 1. The Contract Number must appear in the body of the Certificate of Insurance. 2. The Certificate holder name shall read: Army Materiel Command Regional Contracting Office, Hawaii 413th CSB 3. The certificate shall be provided to the following address ____ Contracting Division Alpha Bldg 520, Basement, Pierce Street Fort Shafter, HI 96858-5025 FAX 808-438-6463 or 6544 ____ Contracting Division Omega Bldg 692, Basement, McCormack Road Schofield Barracks, HI 96857-5000 FAX 808-655-7350 (e) For all contractors using the ACORD form dated earlier than October 2009, the Certificate of Insurance cancellation statement shall be revised as follows: Delete the words ?endeavor to? and ?but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives.? The Certificate of Insurance cancellation statement shall then read: ?Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will mail 30 days written notice to the certificate holder named to the left.? 52.232-5000 -- WAWF INVOICING INSTRUCTIONS AND PAYMENT FOR SUPPLIES/SERVICES/ CONSTRUCTION Use in all solicitations and contracts. (a) Invoices for services rendered under this Contract shall be submitted electronically through Wide Area Work Flow. The vendor shall self-register at the web site https://wawf.eb.mil/. Vendor training is available on the Internet at: http://wawftraining.com/ Army Help Desk -- Normal operating hours, 0630-1800 Eastern Standard time. Army WAWF Help Desk 1-877-2-DA-WAWF or 1-877-232-9293 (b) Under this contractual document, contractor is required to submit the following type of invoice utilizing WAWF. __ Select the Invoice only within WAWF as the invoice type ? Creates Stand Alone Invoice __ Select the 2-in-1 Invoice within WAWF as the invoice type. Creates two documents, an Invoice and a Receiving Report, within one data entry session. The 2-in-1 Invoice prepares the Material Inspection and Receiving Report, DD Form 250, and invoice in one document. Back up documentation (such as timesheets, etc.) can be included and attached to the invoice in WAWF. __ Select Combo --The Invoice and Receiving Report Combo enables a Vendor to create two documents from the same data entry session. The Vendor inputs contract and item data once. Two separate documents - an Invoice and a Receiving Report - are generated in the WAWF system. __ Construction ? Creates a Construction Payment Invoice from a contract for construction. Both an inspection and a contracting officer must review and accept. The following information is provided for completion of the invoice in WAWF: Issuing Office DODAAC: W912CN Admin DODAAC: W912CN Inspector/Acceptor DODAAC: (See Block 15, SF 1449) LPO DODAAC: NA (only applicable if you have Navy funding) Pay DODAAC: (See Block 18, SF 1449) Receiver/Acceptor: Contract Specialist: Contracting Officer: Contract Number: (See Block 2, SF 1449) (c ) The contractor shall submit invoices for payment per contract terms. The Government shall process invoices for payment per contract terms 52.233-5000 -- AMC-LEVEL PROTEST PROGRAM Use in all solicitations. (a) If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC. (b) The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. (c) The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the Contracting Officer) to: Headquarters U.S. Army Materiel Command Office of Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256)450-8840 (d) The AMC-level protest procedures are found at: http://www.amc.army.mil/amc/commandcounsel.html. If Internet access is not available, contact the Contracting Officer or HQ, AMC, to obtain the AMC-Level Protest Procedures. 52.239-5000 -- SECTION 508 OF THE REHABILITATION ACT COMPLIANCE. Use in all solicitations and contract for electronic and information technology. (a) All products provided under this contract vehicle must meet the applicable accessibility standards at 36 CFR Part 1194 as required by FAR Case 1999-607. (b) General information regarding the Section 508 Act can be found at the web site www.section508.gov. 52.245-5000 -- CONTRACTOR LIABILITY FOR PROPERTY Use in all solicitations and contract involving contractor property on a military installation. (a) Unless otherwise specified, the Government assumes no liability, and hereby disclaims liability for damages to or losses of, Contractor-owned or furnished property which, pursuant to the terms of his contract, is placed on a U.S. Government installation or other real property under the control of the United States Government, whether by lease, license, permit, or otherwise, except for loss or damage caused by the negligence or wrongful act or omission of a military person or civilian employee or the Department of Defense while acting within the scope of this employment under circumstances in which the United States if a private person, would be liable to the Contractor in accordance with the law of the place where the act or omission occurred. (b) Any claim of the Contractor falling within the purview of the exception, should be submitted, pursuant to the Federal Tort Claims Act, to the 413th Contracting Support Brigade, Regional Contacting Office- Hawaii, Fort Shafter, Hawaii 96858-5025. 252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012) (a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that ? (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that? (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.