This is a COMBINED SYNOPSIS/SOLICITATION for wireless routers, portable rechargers, and associated accessories in support of the U.S. Marine Corps Forces, Special Operations Command (MARSOC). This announcement is prepared in accordance with the format in FAR Subpart 12.6, and Part 13 as supplemented with additional information in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation is being issued as a Request for Quote (RFQ); solicitation number is H92257-16-Q-0124. All responsible sources may submit a quote which shall be considered by the agency. The Government intends to award one (1) contract as a result of this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 05-89 (effective 14 Jul 2016) and the DFARS Publication Notice (DPN) 20160630 edition (effective 30 Jun 2016). The Product Service Code (PSC) for this requirement is 7045. The associated North American Industrial Classification System (NAICS) code for this requirement is 334111 with a size standard of 1000emp. The proposed acquisition is set-aside 100% for small business. TYPE OF CONTRACT. The Government intends to award a single Firm Fixed Price (FFP) type contract as a result of this solicitation. The Government reserves the right and may award based solely on information contained in the quote and is not obligated to seek completion or clarification of any or all of the evaluation factors if the original quote is unclear. The contract shall be awarded on an all or none basis, please do not submit partial quotes. All quotes submitted shall be the Contractor's Best Quote as it is the Government's intent to entertain one (1) final quote only; this includes any discounts on volume. Quoters must scrutinize this solicitation and ensure their quotes and submissions comply with all requirements. It is not sufficient to merely state your quote complies with the solicitation requirements. You must clearly identify how your quote meets ALL of the solicitation requirements. All questions concerning this procurement, either technical or contractual must be submitted in writing, via email, to the Contracting Office. The deadline for submittal of questions regarding this solicitation is 3:00 PM Eastern Standard Time (EST) on 21 July 2016. Answers will be provided no later than (NLT) 4:00 PM Eastern Standard Time (EST) on 22 July 2016, via solicitation/RFQ amendment. No direct exchanges between the technical representative and a prospective Quoter will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent by email to the following point of contact:
[email protected] Quotes must be received no later than 3:00 PM Eastern Standard Time (EST) on 26 July 2016. Quotes received after this time frame shall not be considered for award. The prospective Quoter must be registered with the System for Award Management (SAM) website at http://www.sam.gov to be considered for award. The Quoter agrees to hold the prices in its quote firm for 60 calendar days from the date specified for receipt of quotes. Quotes shall be emailed to:
[email protected] Quoters must provide the following information in their quote: DUNS #, CAGE CODE #, and TIN # For email quotes, the Government office designated for receipt of the quote is the email inbox of the addressee indicated above. Notwithstanding the provisions at FAR 52.212-1(c), delivery is not accomplished until the addressee can open the email; delivery to a server or an email inbox on a server is not considered delivery to the designated Government office and the quotation is not under the Government's control until the addressee can open the email. The email shall not be considered to be delivered unless the entire content of the email and all attachments can be read by the addressee indicated above. Receipt of an electronic acknowledgment from the addressee establishes that a record was received but does not establish that the content sent corresponds to the content received. Email attachments are limited to no more than 3MB. Vendors are specifically warned that email may be subjected to spam filters or attachment stripping. All transmissions must clearly state the solicitation number and the name of the contracting specialist on the first page to ensure proper receipt. Section B - Supplies or Services *See attachment #1 entitled, Schedule of Items Quote submission shall be in accordance with Attachment #1 and this document. Contractor shall provide separate pricing for each CLIN, for each option year in their quote. Failure to submit all required information may result in your quote being deemed "Technically Unacceptable." INSPECTION AND ACCEPTANCE POINTS: Supplies/services will be inspected/accepted at: CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0001 Destination Government Destination Government CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0002 Destination Government Destination Government CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0003 Destination Government Destination Government CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0004 Destination Government Destination Government CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY 0005 Destination Government Destination Government CLAUSES INCORPORATED BY REFERENCE FAR 52.202-1 Definitions Nov 2013 FAR 52.204-7 System for Award Management Jul 2013 FAR 52.204-13 System for Award Management Maintenance Jul 2013 FAR 52.212-1 Instructions to Offerors Commercial Items Apr 2014 FAR 52.212-4 Contract Terms and Conditions Commercial Items May 2015 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Commercial Items May 2015 FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies Jan 2014 FAR 52.222-3 Convict Labor Jun 2003 FAR 52.222-21 Prohibition of Segregated Facilities Apr 2015 FAR 52.222-26 Equal Opportunity Apr 2015 FAR 52.222-36 Affirmative Action for Workers with Disabilities Jun 2014 FAR 52.222-41 Service Contract Labor Standards May 2014 FAR 52.222-42 Statement of Equivalent Rates for Federal Hires May 2014 FAR 52.222-50 Combating Trafficking in Persons Jul 2014 FAR 52.222-55 Minimum Wages Under Executive Order 13658 Dec 2014 FAR 52.225-13 Restrictions on Certain Foreign Purchases Mar 2015 FAR 52.232-33 Payment by Electronic Funds Transfer System for Award Management Jul 2013 FAR 52.247-34 F.o.b. Destination Nov 1991 FAR 52.249-8 Default (Fixed-Price Supply & Services) Apr 1984 DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Nov 2013 DFARS 252.203-7002 Requirements to Inform Employees of Whistleblower Rights Sep 2013 DFARS 252.203-7005 DFARS 252.204-7000 DFARS 252.204-7003 DFARS 252.204-7004 DFARS 252.204-7012 Representation Relating to Compensation of Former DoD Officials Disclosure of Information Control of Government Personnel Work Product Alternate A, System for Award Management Safeguarding of Unclassified Controlled Tech Information Nov 2011 Aug 2013 Apr 1992 Feb 2014 Nov 2013 DFARS 252.209-7002 Disclosure of Ownership or Control by a foreign Government Jun 2010 DFARS 252.209-7998 DFARS 252.211-7003 Representation Regarding Conviction of a Felony Criminal Item Unique Identification and Valuation Mar 2012 Dec 2013 DFARS 252.225-7001 Buy American and Balance of Payments Program Nov 2014 DFARS 252.225-7002 Qualifying Country Sources as Subcontractors Dec 2012 DFARS 252.225-7012 Preference For Certain Domestic Commodities Feb 2013 DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports Jun 2012 DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions May 2013 DFARS 252.232-7010 Levies on Contract Payments Dec 2006 DFARS 252.243-7001 Pricing of Contract Modifications Dec 1991 DFARS 252.243-7002 Requests for Equitable Adjustments Dec 2012 DFARS 252.245-7001 DFARS 252.247-7023 Tagging, Labeling, and Marking of Government-Furnished Property Transportation of Supplies by Sea Apr 2012 Apr 2014 SOFARS 5652.204-9002 Instructions for the use of Electronic Contracts Nov 2007 SOFARS 5652.204-9004 Foreign Persons Jan 2006 SOFARS 5652.233-9000 Independent Review of Agency Protests Sep 2013 SOFARS 5652.237-9000 Contractor Personnel Changes Jan 1998 SOFARS 5652.252-9000 Notice of Incorporation of Section K Jun 2009 CLAUSES INCORPORATED BY FULL TEXT Please note full text of the Federal Acquisition Regulation (FAR) can be accessed on the internet at http://www.farsite.hill.af.mil, http://farsite.hill.af.mil/vfdfara.htm, http://farsite.hill.af.mil/vfussocoma.htm All FAR Representation and Certifications shall be submitted through System for Award Management (SAM) at https://www.sam.gov 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) The Government will award a contract resulting from this solicitation to the responsible Quoter whose quote conforming to the solicitation is the Lowest Priced Technically Acceptable; price and other factors considered. Quotes other than the lowest price will only be evaluated if the lowest priced quote is found technically unacceptable. The following factors shall be used to evaluate quotes; Technical and Price. (i) Technical - The Quoters approach to performing contract requirements and its capability to successfully perform the contract in accordance with Statement of Work. a. Technical Capability - Brand name or Equal specifications in accordance with this RFQ and Attachment #1 (Schedule of Items) (ii) Price - All line items will be reviewed for price reasonableness. *Note - Vendor must ensure this document is reviewed in its entirety. Failure to provide all required documents to included signed provisions, may determine your quote technically unacceptable. (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. SOFARS 5652.201-9002 Authorized Changes Only By Contracting Officer (Jan 2005) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The name and telephone number of the Contracting Officer is SSgt Porfirio Aragon, (910) 440-0775. SOFARS 5652.204-9003 Disclosure of Unclassified Information and Notification Requirements for Cyber Security Breaches (2013) Section H (Jun 2013) (a) On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor's external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM. (b) Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office. (c) The protection of sensitive but unclassified data reflecting Special Operations technologies, personnel, plans, and business associations requires due diligence on the part of those in possession of such information. The application of appropriate security measures to ensure the safekeeping of USSOCOM and company proprietary data, intellectual property, and personnel data is the responsibility of all parties who have access to such information. All contractors supporting USSOCOM are required to inform the Contracting Officer within three business days of when there has been a breach or successful penetration of the contractor's network(s) or information system(s). Breaches include unauthorized intrusions of the contractor's server(s) from external parties whether through introduction of malware, hacking, the compromise of access passwords, or any other unauthorized access or compromise. Breaches also include the physical loss of storage media such and disks, hard drives, thumb drives, laptops or other devices which contain duplicates of information contained on the contractor's data systems, or the willful or accidental transmission, copying or posting of contract information which has not been specifically authorized by the Contracting Officer. Estimates of damage and mitigation strategies will be submitted to the Contracting Officer within a period following the breach specified and agreed upon by the Contractor and the Contracting Officer. (d) The Contractor shall include a similar requirement to this clause in each subcontract under this contract. Subcontractors shall submit request for authorization to release and notifications related to cyber security breaches through the prime contractor to the Contracting Officer. (e) The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, newspaper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer. PROVISIONS INCORPORATED BY FULL TEXT ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012) (a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State 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 further action is not necessary to protect the interests of the Government. (b) The Quoter represents that it is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months. (End of provision) 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 Quoter 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. (End of provision) SOFARS 5652.204-9000 Individual Authorized to Sign (Revised September 2014) (a) Quotes shall be signed by an authorized individual. The Quoter hereby represents that the individual designated below is authorized to bind the corporation, partnership, individual or educational institution. Evidence of authorization shall be provided by the Quoter in accordance with the applicable instructions below. If the Quoter is a joint venture, each participant in the joint venture shall submit a separate representation. (1) CORPORATIONS: The signatory must be an official or person otherwise authorized to bind the corporation. A Corporate representation as shown below, shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the quote is empowered to bind the corporation. Corporations may establish the authority of its agents by furnishing a power of attorney with the quote, a corporate resolution, or by causing the following representation to be executed under its corporate seal, provided that the same officer shall not execute both the contract and the representation. I, _____________________________, represent that I am the ________________________ of the firm named as the Quoter herein; that ________________________ signed this contractual instrument on behalf of the corporation and is __________________________ of said corporation; that said contractual instrument was duly signed for and in behalf of said corporation by authority of its governing body; and is within the scope of its corporate powers. AFFIX CORPORATE SEAL (Note: If a corporation does not have a seal or the quote is being submitted electronically, the Quoter may print the word "SEAL".) ___________________________ (Signature) (2) PARTNERSHIPS: Partnerships shall establish their authority and the authority of their agents by completing the following representation, provided that it is executed by a partner other than the person signing the contractual instrument. I, _____________________________, represent that I am a partner of the firm of ___________________ consisting of the following partners _____________________________________________________; that ______________ signed this contractual instrument on behalf of said firm and is __________________________ of said firm; that said contractual instrument was duly signed for and in behalf of said firm by authority of partnership; and is within the scope of its corporate powers. __________________________ (Signature) (3) INDIVIDUALS: The signatory must be the owner and the contractual instrument shall be signed as such unless an agent's authority has been established through a power of attorney. Individuals submitting contractual instruments under an agent's signature must furnish a power of attorney to establish the agent's authority. (4) EDUCATIONAL INSTITUTIONS: The signatory must be an official or person otherwise authorized to bind the educational institution. A representation as shown below, shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the quote is empowered to bind the educational institution. Educational institutions may establish authority of their agents by furnishing with their Quoter a power of attorney, a corporate resolution or by causing the following representation to be executed, provided that the same individual shall not execute both the contract and the representation. I, _____________________________, represent that I am the ________________________ of the educational institution named as the Quoter herein; that ________________________ signed this contractual instrument on behalf of the educational institution and is __________________________ of said educational institution; that said contractual instrument was duly signed for and in behalf of said educational institution by authority of its governing body; and is within the scope of its corporate powers. ___________________________ (Signature) (a) Once a power of attorney or corporate resolution has been submitted to establish the authority of its agents, provide reference to the Procurement Instrument Identification Number with which it was submitted by including the following statement in lieu of furnishing an additional copy: "Evidence to establish the authority of the agent signing this document was submitted with Document Number _________________." (End of clause)