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 20101101 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 2005-95. 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 a [ 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 2017-09-12 14:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com. FOB Destination shall be in the Statement of Work. The DHS Customs and Border Protection (CBP) requires the following items, Brand Name or Equal, to the following: Base Period of Performance: 09/30/2017 - 03/31/2018 LI 001: LINE ITEM 1 (REFERENCE SECTION 5.1 IN THE SOW) - SEE SECTION 5.2.2.1 OF THE ATTACHED STATEMENT OF WORK FOR THE SALIENT SPECIFICATIONS - VENDORS MUST COMPLETE THE NDA IN ACCORDANCE WITH BUY TERM "LAW ENFORCEMENT SENSISITVE" IN ORDER TO REQUEST ACCESS TO THE SOW, 24, EA; LI 002: LINE ITEM 2 (REFERENCE SECTION 5.1 IN THE SOW) - SEE SECTION 5.2.2.2 OF THE ATTACHED STATEMENT OF WORK FOR THE SALIENT SPECIFICATIONS - VENDORS MUST COMPLETE THE NDA IN ACCORDANCE WITH BUY TERM "LAW ENFORCEMENT SENSISITVE" IN ORDER TO REQUEST ACCESS TO THE SOW, 24, EA; LI 003: LINE ITEM 3 (REFERENCE SECTION 5.1 IN THE SOW) - SEE SECTION 5.2.2.3 OF THE ATTACHED STATEMENT OF WORK FOR THE SALIENT SPECIFICATIONS - VENDORS MUST COMPLETE THE NDA IN ACCORDANCE WITH BUY TERM "LAW ENFORCEMENT SENSISITVE" IN ORDER TO REQUEST ACCESS TO THE SOW, 24, EA; Option 1 Period of Performance: 04/01/2018 - 03/31/2019 LI 001: LINE ITEM 1 (REFERENCE SECTION 5.1 IN THE SOW) - SEE SECTION 5.2.2.1 OF THE ATTACHED STATEMENT OF WORK FOR THE SALIENT SPECIFICATIONS - VENDORS MUST COMPLETE THE NDA IN ACCORDANCE WITH BUY TERM "LAW ENFORCEMENT SENSISITVE" IN ORDER TO REQUEST ACCESS TO THE SOW, 30, EA; LI 002: LINE ITEM 2 (REFERENCE SECTION 5.1 IN THE SOW) - SEE SECTION 5.2.2.2 OF THE ATTACHED STATEMENT OF WORK FOR THE SALIENT SPECIFICATIONS - VENDORS MUST COMPLETE THE NDA IN ACCORDANCE WITH BUY TERM "LAW ENFORCEMENT SENSISITVE" IN ORDER TO REQUEST ACCESS TO THE SOW, 30, EA; LI 003: LINE ITEM 3 (REFERENCE SECTION 5.1 IN THE SOW) - SEE SECTION 5.2.2.3 OF THE ATTACHED STATEMENT OF WORK FOR THE SALIENT SPECIFICATIONS - VENDORS MUST COMPLETE THE NDA IN ACCORDANCE WITH BUY TERM "LAW ENFORCEMENT SENSISITVE" IN ORDER TO REQUEST ACCESS TO THE SOW, 30, EA; Option 2 Period of Performance: 04/01/2019 - 03/31/2020 LI 001: LINE ITEM 1 (REFERENCE SECTION 5.1 IN THE SOW) - SEE SECTION 5.2.2.1 OF THE ATTACHED STATEMENT OF WORK FOR THE SALIENT SPECIFICATIONS - VENDORS MUST COMPLETE THE NDA IN ACCORDANCE WITH BUY TERM "LAW ENFORCEMENT SENSISITVE" IN ORDER TO REQUEST ACCESS TO THE SOW, 12, EA; LI 002: LINE ITEM 2 (REFERENCE SECTION 5.1 IN THE SOW) - SEE SECTION 5.2.2.2 OF THE ATTACHED STATEMENT OF WORK FOR THE SALIENT SPECIFICATIONS - VENDORS MUST COMPLETE THE NDA IN ACCORDANCE WITH BUY TERM "LAW ENFORCEMENT SENSISITVE" IN ORDER TO REQUEST ACCESS TO THE SOW, 12, EA; LI 003: LINE ITEM 3 (REFERENCE SECTION 5.1 IN THE SOW) - SEE SECTION 5.2.2.3 OF THE ATTACHED STATEMENT OF WORK FOR THE SALIENT SPECIFICATIONS - VENDORS MUST COMPLETE THE NDA IN ACCORDANCE WITH BUY TERM "LAW ENFORCEMENT SENSISITVE" IN ORDER TO REQUEST ACCESS TO THE SOW, 12, 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, DHS Customs and Border Protection (CBP) 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. DHS Customs and Border Protection (CBP) 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. Unless the Buyer indicates otherwise within a particular line item description, each Seller shall include in its online Bid individual pricing for all required line items in order to be considered for award (i.e., Do not use the “Included in another line item” function when pricing each line item). If a line item cannot be separately priced, you must notify the buyer through the FedBid ‘Submit a Question’ feature regarding which line item(s) should be included in which other line item(s) and request reposting. Failure to comply with this term may result in the Bid being determined to be non-responsive. New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. 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. Delivery must be made within 90 days or less after receipt of order (ARO). The offeror must provide within its offer the number of days - not to exceed 90 - required to make delivery after it receives a purchase order from the buyer. Unless otherwise noted. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-33. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/. FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.219-6; 52.219-8; 52.219-28; 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-1; 52.225-13, 52.232-33. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far. Q&A -Please submit all questions by using the 'Submit a Question' button. This buy will then be reposted with Q&A based on the questions that come in (if applicable). Award Criteria-An award will be made to a responsive offeror (who submits all required submissions on time), whose past performance does not pose a risk to the Government, and whose offer is the Lowest Price Technically Acceptable (LPTA). An offer is technically acceptable if its technical capabilities conform to the Government's Statement of Work or listed specs whichever is applicable to the buy. In addition to providing pricing at www.FedBid.com for this solicitation, each Offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation. Submissions can be sent to
[email protected]. In accordance with the IPP clause; ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP) (JAN 2016), payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use IPP for contracts and orders awarded April 11, 2016 or later. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https:// www.ipp.gov. Contractor assistance with IPP enrollment can be obtained by contacting
[email protected] or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer. The Specifications, Statement of Work, or Statement of Objectives which describe the work to be performed hereunder, although attached, is incorporated and made a part of this document with the same force and effect of "specifications" as described in the clause, Order of Precedence, FAR 52.215-8 incorporated herein by reference. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the propose contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer. This solicitation shall result in a Firm Fixed Price purchase order. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. A. General Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the contract. B. Technical Data Rights The Contractor shall not use, disclose, reproduce, or otherwise divulge or transfuse to any persons any technical information or data licensed for use by the Government that bears any type of restrictive or proprietary legend except as may be necessary in the performance of the contract. Refer to the Rights in Data clause for additional information. C. Privacy Act In performance of this contract the Contractor assumes the responsibility for protection of the confidentiality of all Government records and/or protected data provided for performance under the contract and shall ensure that (a) all work performed by any subcontractor is subject to the disclosure restrictions set forth above and (b) all subcontract work be performed under the supervision of the Contractor or their employees. Material shall be packaged, packed, and marked for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Packages shall be clearly identified on the outer wrapping with the contract number and delivery/task order number, if applicable. Vendors shall provide three (3) relevant past performance references at a minimum if the vendor currently does not have any past performance listed on their FEDBID activity card. CBP is requesting the following information for each past performance reference provided: Agency Name, Point of Contact, E-mail, Phone Number, Description of Work/Project, Contract Number, and Dollar Amount. Past performance references shall be provided at the time of bid submission or before the buy closes. Past performance references may be provided as an additional attachment. All products to be delivered under the resulting contract shall comply with the salient, physical, functional, or other characteristics set forth in the statement of work (SOW) which have been determined to be essential to the needs of the Government. These characteristics shall be used by the Government to determine that the offered products are equal in all material respects to the products listed in the SOW. This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End of clause) Offerors must quote the specific make and model requested or equal. The requirements are identified by a specific make and model but may be satisfied by generic requirements that are technically equal, or better than those identified. If the Offeror proposes other than the specific make and model identified, the Offeror must provide technical specifications to support their claim that the proposed equipment is technically equal to or better than the specific make and model. This requirement is Law Enforcement Sensitive. All prospective offerors must first complete the DHS Form 11000-6 and email it to the Contract Specialist at
[email protected]. Once received and approved, the updated requirements documents will be emailed to prospective offerors. Bids will not be accepted without a completed DHS Form 11000-6. Option for Increased Quantity -- Separately Priced Line Item (Mar 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of Clause) FAR 52.217-9, The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed thirty six (36) months. FAR 52.217-5, Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).