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 20076958 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 334510 with a small business size standard of 500.00 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 2013-09-19 12:00:00.0 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, Exact Match Only, to the following: LI 001: PHILIPS FR3 ECG, US ENGLISH RIGID SYSTEM BUNDLE (Product # 860364) See the attached statement of work, 20, EA; LI 002: PHILIPS HEART-START FRX DEFIBRILLATOR (Product # 861304) See the attached statement of work, 28, EA; LI 003: PHILIPS MRX PREHOSP HEART MONITOR (Product # M3536M7) See the attached statement of work, 6, 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. No partial shipments are permitted unless specifically authorized at the time of award. Delivery must be made within 30 days or less after receipt of order (ARO). The offeror must provide within its offer the number of days - not to exceed 30 - 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): 52.219-6, 52.219-8, 52.219-28, 52.222-19, 52. 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.223-18, 52.225-13, 52.232-33, 52.249-1. 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, 52.222-19, 52. 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.223-18, 52.225-13, 52.232-33, 52.249-1. 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]. For Exact Match Only Commodity Buys- NO SUBSTITUTIONS, EXACT MATCH ONLY. The vendor may not substitute any item/service listed on this order without prior written approval from the DHS/CBP Contracting Officer. No other individual is authorized, either verbally or in writing to change part numbers, manufacturer, quantity, delivery dates, or any other specifications of this RFQ. Items/services that do not conform to descriptions and part numbers found in this RFQ will be rejected at the time of delivery causing a return at the vendor's expense. 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 theContracting 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. In order to request contract payment, the contractor shall submit a proper invoice, as defined by Federal Acquisition Regulation (FAR) 2.101 for payment in the manner and format described below. (a) The contractor shall submit an original invoice/voucher, via postal mail or electronic mail (email), simultaneously to the following: 1. National Finance Center (NFC) DHS/U.S. Customs and Border Protection National Finance Center/Commercial Accounts PO Box 68908 Indianapolis, Indiana 46268 OR email:
[email protected] Note: For invoices with payment terms less than net 30: The subject line for all emailed invoices to the NFC must include the following text: Per CBP, Net [state # days] Invoice 2. Contracting Officer or Contract Administrator (CO or CA)[fill in at time of award] DHS/U.S. Customs and Border Protection Attention: [insert name of COor CA] [insert CO or CA office designation] [insert mailing address] [insert city, state, zip code or country information] OR email: [insert email address] 3. Contracting Officer's Representative (COR) (fill in at time of award): DHS/U.S. Customs and Border Protection Attention: [insert name of COR] [insert COR office designation] [insert mailing address] [insert city, state, zip code or country information] ORemail: [insert email address] (b) The contractor shall submit a copy of the original invoice/voucher for all DHS costreimbursement and time and material/labor hour contracts and delivery orders to the branch manager/resident auditor of the cognizant Defense Contract Audit Agency (DCAA) Field Audit Office. Copies may be sent to DCAA, via postal mail or email and must be sent at the same time the invoice/voucher is sent to the NFC, COand COR. The CO shall provide the following information: DCAA Field Office [insert name of DCAA Field Office designation] Name: [insert name of branch manager/resident auditor] [insert DCAA Field Office mailing address] [insert city/state/zip code or country information] Phone: [insert DCAA Field Office phone number]Email: [insert branch manager/resident auditor's email address] (c) In accordance with FAR 32.904(b), the CO, in conjunction with the COR and NFC, will determine whether the invoice is proper or improper within seven (7) days of receipt. Improper invoices will be returned to the contractor within seven (7) days of receipt. (a) To constitute a proper invoice, invoices shall include, at a minimum, all the items required in FAR 32.905. (1) The minimum requirements are: i. Name and address of the contractor. ii. Invoice date and invoice number. iii. Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number. iv. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. v. Shipping and payment terms (e.g. shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. vi. Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). vii. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. viii. Taxpayer identification number (TIN). ix. Electronic funds transfer (EFT) banking information. x. Any other information or documentation required by the contract (e.g. evidence of shipment). (2) For cost reimbursement or time and material contracts (other than a contract for a commercial item), the contractor shall bill and maintain a record of indirect costs in accordance with FAR 52.216-7(d). (b) Supplemental documentation required for review and approval of invoices, at the written direction of the contracting officer, may be submitted directly to either the contracting officer, or the contracting officer's representative.Contractors shall submit all supplemental invoice documentation along with the original invoice. (c) Invoices that fail to provide the information required by the Prompt Payment clause (FAR 52.232-25) may be rejected by the Government and returned to the contractor. In addition to the invoice requirements contained in FAR 32.905 and FAR 52.216-7, the following also applies: (1) Invoices must include the following information to support all costs claimed: (a) period of performance for the costs claimed; (b)current amounts for each CLIN, if applicable; (c) current direct and indirect incurred costs, including fee; (d) cumulative amounts for each CLIN; and (e statement signed by an authorized company representative certifyingthat the costs in theinvoice are accurate and complete. (2) The Government reserves the right to make invoice adjustments if associated costs are determined to be unallowable. 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. The J&A document shall be furnished upon the request of each interested vendor. Vendors shall submit their request for the J&A document through the FEDBID Q&A function.