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. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This requirement is UNRESTRICTED. The NAICS Code for this synopsis/solicitation is 334220, Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing, Size Standard 750 employees. Solicitation/Purchase Request Number F2K3AQ2136A001 is issued as a Request for Quote (RFQ). This document incorporates provisions and clauses that are in effect through Federal Acquisition Circular 2005-60 effective 27 Aug 2012. The Government intends to award one contract with three contract line item numbers (CLINs). See attached SPECs for complete requirement listing. FOB: DESTINATION Inspection and Acceptance: DESTINATION Desired Delivery Date: 2 November 2012 THIS IS A BRAND NAME ONLY REQUIRMENT. The objective of this contract is to acquire the following items for the PRC-152 Radio Requirement: CLIN 0001: Manufacturer: Harris Corporation Part number: AN/PRC-152(V)1(C) Tactical Radio, 10 EACH CLIN 0002: Manufacturer: Harris Corporation GRN part number: 12041-2100-02 Battery PK, 10 EACH CLIN 0003: Manufacturer: Harris Corportaion Part number RF-5855-CH006 Battery Charger, 1 EACH THIS IS AN UNFUNDED REQUIREMENT. Funds are not presently available for this requirement. The Government's obligation under this solicitation is contingent on the availability of appropriated funds from end of fiscal year funding. No legal liability on the part of the Government for payment of any money shall arise unless, and until, funds are made available to the Contracting Officer for this procurement and award has been made by the Contracting Officer. Ensure submitted quotes are valid through 30 September 2012. The following provisions and clauses apply to this solicitation: FAR 52.232-18, Availability of Funds FAR 52.212-1, Instructions to Offerors-Commercial Items; FAR 52.212-4, Contract Terms & Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, [in paragraphs (b) and (c) the following clauses apply; 52.204-10, 52.219-28, 52.222-3, 52.222-19; 52.222-21, 52.222-26, 52.222-36, 52.223-18, 52.225-3, 52.225-13, 52.232-33 ; FAR 52.215-1, Instructions to Offerors - Competitive Acquisition; FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran - Representation and Certification; DFAR 252.203-7002, Requirement to Inform Employees of Whistleblower Rights; DFAR 252.204-7003 Control of Government Personnel Work Product; DFAR 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items within DAFRS 252.212-7001, the following clauses apply: DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials; DFARS 252.225-7001, Buy American Act and Balance of Payment Programs; DFARS 252.223-7008, Prohibition of Hexavalent Chromium; DFARS 252.225-7000, Buy American Act - Balance of Payments Program Certificate; DFARS 252.225-7002, Qualifying Country Sources as Subcontractors; DFARS 252.232-7003, Electronic Submission of Payment requests; DFARS 252.243-7001, Pricing of Contract Modifications; DFARS 252.247-7023 (ALT3), Transportation of supplies by sea; DFAR 252.232-7010 Levies on Contract Payments. Provisions and clauses incorporated by full text: FAR 52.212-3, Offeror Representations and Certification-Commercial Items, Alt I, (Apr 2011) (all offerors shall include a completed copy of this provisions with their proposal); an offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision; FAR 52.252-1, Solicitation Provision Incorporated by Reference (Feb 1998). This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es): http://farsite.hill.af.mil FAR 52.204-99, (a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means- (1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the SAM database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; (2) The Contractor's CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (1) Data collected from prospective federal awardees required for the conduct of business with the Government; (2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations , or by the Government Accountability Office. (b) (1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4. (3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM. (c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) A contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The Contractor should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved. (e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) (1) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international call AFFARS 5352.201-9101 Ombudsman (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM or AFISRA ombudsmen, AFNWC Ombudsmen: Ms Jeannine Kinder AFNWC/PK E-Mail:
[email protected] Phone: (505) 846-1924 Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. In accordance with FAR 13.106-1(a) (2) offerors are notified that award will be made on the basis of lowest price technically acceptable. All payments are to be paid via the Internet through the Wide Area Work Flow (WAWF) system. WAWF may be accessed at https://wawf.eb.mil. WAWF training may be accessed online at http://www.wawftraining.com. Payment information may be accessed using the DFAS website at https:www.dfas.mil. Your purchase order/contract number or invoice will be required to inquire status of your payment.