This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6 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 60-12MR-1893-1 and it is issued as a Request for Quotes (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-60. The associated North American Industrial Classification System (NAICS) code for this procurement is 212112, Bitumnicous Coal Underground Mining. This requirement is a total small business set aside with a small business size standard of 500 employees or less and only qualified Offerors will be considered. The following brand name or equivalent items are being sought: CONTRACT LINE ITEM NUMBER (CLIN)/DESCRIPTION/QUANTITY/UNIT 0001/ Xerebrus Flare-XM-1 /120/EA 0002/Single Unit Desktop charger/120/EA These will ship to various locations. The distribution list is as follows: Distribution Addresses MSHA District 1 Attn: Jeannie Leslie The Stegmaier Building, Suite 34 7 North Wilkes-Barre Boulevard Wilkes-Barre, Pennsylvania 18702 Qty lamps and chargers: 3 MSHA District 2 Attn: Thomas Light/ Cynthia Lindberg Paladin Professional Center 631 Excel Drive Suite 100 Mt. Pleasant, PA 15666 Qty lamps and chargers: 12 MSHA District 3 Attn: Bob Cornett / Kimberly Cordwell 604 Cheat Road Morgantown, West Virginia 26508 Qty lamps and chargers: 11 MSHA District 4 Attn: Charles Carpenter/Sandy Humphrey 100 Bluestone Road Mt. Hope, West Virginia 25880 Qty lamps and chargers: 14 MSHA District 5 Attn: Greg Meikle/ Carolyn Archer 147 Plaza Rd. Wise County Plaza 2nd Floor Norton, VA 24273 Qty lamps and chargers: 10 MSHA District 6 Attn: Norman Page / Kim Moore 100 Fae Ramsey Lane Pikeville, KY 41501 MSHA District 7 Attn: Tommy Hooker / Loretta Roark 3837 S. U.S. HWY 25E Barbourville, Kentucky 40906 Qty Lampls and chargers: 14 MSHA District 8 Tony Simms/Janet Kitchin 2300 Willow Street, Suite 200 Vincennes, Indiana 47591 Qty: lamps and chargers: 9 MSHA District 9 Attn: Allyn Davis/JoLynn Fast 2nd Street, Building 25 Denver Federal Center Denver, CO 80225-0367 Qty lamps and chargers: 10 MSHA District 10 Attn: Jim Langley / Laura Poole 100 YMCA Drive Madisonville, Kentucky 42431 Qty lamps and chargers: 6 MSHA District 11 Attn: Richard Gates /Michele Bonam 135 Gemini Circle, Suite 213 Birmingham, Alabama 35209 Qty lamps and chargers: 5 MSHA District 12 Attn: Tim Watkins/Tammy Walker 1301 Airport Rd Beaver WV 25813 Qty lamds and chargers: 9 All CLINS are to be priced in accordance with the Product Specification. • PRODUCT SPECIFICATION: Must be MSHA approved as intrinsically safe • Charge in 14 hours • Working duration, emergency power >36 hours • Two step switch (main or emergency light) • Light Output, main power >3000 LUX • Light Output, emergency power >350LUX • Weight 4.6Oz or less • Operating Temperature -4 degrees to +140 degrees • Water resistant to a depth of three feet • Shock resistant • Cordless • Rechargable Shipping shall be FOB: DEST and provided by the supplier. Required Date: Within 4 weeks of contract award. PERIOD OF PERFORMANCE: Delivery to be completed within4 weeks of contract award. PLACE OF PERFORMANCE: National Mine Health and Safety Academy Mine Simulation Laboratory 1301 Airport Rd Beaver, WV 25813 The following provisions and clauses apply to this acquisition: FAR 52.202-1, Definitions; 52.203-5, Covenant Against Contingent Fees; 52.203-6, Restrictions on Subcontractor Sales to the Government; 52.203-7, Anti-Kickback Procedures; 52.204-6, Data Universal Numbering System (DUNS) Number; 52.204-7, Central Contractor Registration; 52.204-9, Personal Identity Verification of Contractor Personnel; 52.211-5, Material Requirements; 52.211-6, Brand Name or Equal; 52.212-1, Instructions to Offerors-Commercial; 52.212-2, Evaluation-Commercial Items (See Addenda below); 52.212-3, Offeror Representations and Certifications-Commercial Items; 52.212-4, Contract Terms and Conditions-Commercial Items; 52.216-24, Limitation of Government Liability; 52.216-25, Contract Definitization; Affirmative Action for Workers with Disabilities; 52.222-37, Employment Reports for Veterans; 52.222-41, Combating Trafficking in Persons; 52.222-5, Restrictions on Certain Foreign Purchases; 52.225-18, Place of Manufacture; 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification; 52.232-1, Payments; 52.233-1, Disputes, Alternate I; 52.233-2, Service of Protest; 52.233-3, Protest after Award; 52.233-4, Applicable Law for Breach of Contract Claim; 52.237-2, Protection of Government Buildings, Equipment, and Vegetation; 52.243-1, Changes-Fixed Price; 52.244-6, Subcontracts for Commercial Items; 52.247-34, F.o.B. Destination. FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders-Commercial Items also applies to this acquisition to include 52.219-28, Post Award Small Business Program 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; 52.223-18, Contractor Policy to Ban Text Messaging While Driving; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration. 52.219-6 Notice of Total Small Business Set-Aside Addenda to 52.212-2, Evaluation-Commercial Items (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: i) Adherence to Product Specification ii) Price (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 Government will award a single Firm Fixed Price contract based on the Offeror whose quote, conforming to the specifications named in the Product Specification, will be the lowest price technically acceptable. To receive consideration for award, a rating of no less than "Acceptable" must be achieved for Factor I, (Adherence to Product Specification). 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; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. EVALUATION SUMMARY: FACTOR I. - ADHERENCE TO PRODUCT SPECIFICATION-The Offeror shall submit evidence that acknowledges the features and tasks identified in the Product Specification to allow the Government to make a sufficient determination that the Offeror is capable of delivering the required items and performing the work. The Government will evaluate the Offeror's understanding of the work to be performed in accordance with the information outlined in the Product Specification. FACTOR II. - PRICE - The Government will evaluate offers for award purposes by adding the total of all CLIN prices, including all options to ensure that pricing is not unbalanced. Price will be evaluated for completeness and reasonableness using the techniques in FAR 15.404-1(b) (2). No adjectival ratings will be used to evaluate Price. The Offeror shall provide a document outlining their pricing using the contract line items listed above. Pricing must be provided separately from your proposal. ADJECTIVAL RATINGS: Quotes will be adjectivally rated against each of the evaluation factors set forth in this solicitation. Adjectival ratings for Factor I, Adherence to Product Specification follows. No adjectival ratings will be used to evaluate Factor II, Price. Factor I- Adherence to Product Specification will be rated using the following Adjectival Scale: Acceptable-The proposal demonstrates an approach which is capable of meeting all requirements and objectives. The approach includes strengths which significantly outweigh the weaknesses. The risk of unsuccessful performance is at least moderate, as the proposal solutions are feasible and practical. These solutions are further considered to reflect moderate risk in that they are clear and precise, fully supported, and demonstrate an understanding of the requirement. Unacceptable- The proposal demonstrates an approach which, based on a very high risk, will very likely not be capable of meeting all requirements and objectives. This approach has numerous weaknesses which outweigh the strengths. The risk of unsuccessful performance is very high as the proposal contains solutions which are not feasible and practical. The solutions are further considered to reflect very high risk in that they lack clarity or precision, are unsupported, and do not demonstrate a complete understanding of the requirement. Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with your offer. Quotes must be received by Brandi Brinson, Contract Specialist, no later than 12:00 PM (EST) on September 14, 2012. Quotes will be accepted by e-mail at
[email protected]. Quotes must be submitted in a format compatible with Microsoft Office 2010 or Adobe and valid for a period of 45 days after the close of this combined synopsis/solicitation. Pricing must be sent as a separate file. Phone calls will not be accepted.