COMBINED SYNOPSIS/SOLICITATION PURCHASE OF ICx indentyFINDER EOD Kit (i) This is a combined synopsis/solicitation for a commercial item 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; quotes are being requested and a written solicitation will not be issued. (ii) This solicitation is issued as a request for quote (RFQ). Submit written quotes (oral quotes will not be accepted) on RFQ reference number F2W3D17262A001. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-20. (iv) This solicitation is 100 percent set-aside for Small Business. The North American Industry Classification System (NAICS) code is 334519 with a size standard of 500 employees. (v) The purpose of this combined synopsis/solicitation is to purchase ICx EOD Kit to include parts listed below. This is an all or none acquisition, multiple awards shall not be considered. Qualified vendors shall provide pricing and delivery time for all items listed below: Item Description Quantity idF-NGH 2 each 1.4? by 2? Nal Detector 1 (spare) each Holster 2 each Battery charger 2 each Power and Communication cables 2 each Adapter box 2 each Battery pack 2 each Pelican case 2 each Manual 2 each winTMCA32 2 each Source kit 1 each (vi) Additional Requirements: Qualified vendors only. Items are brand-name to ICx Radiation. FOB Destination. Shipping costs shall be included in the line item pricing. vii) Delivery date to be specified in quotation. Ship to address: 8011 North Perimeter Road. MALMSTROM AFB MT 59402 (viii) The provision FAR 52.212-1 Instruction to Offerors ? Commercial (Sep 2006), applies to this acquisition. (ix) FAR clause 52.212-2, Evaluation ? Commercial Items (Jan 1999) is included in this solicitation. Paragraph (a) of the clause is completed as follows: ? price, delivery, tech capability of item(s) proposed to meet Government?s requirement. Tech capability and delivery when combined are approximately equal to price? . (x) FAR 52.212-3, Offeror Representations and Certifications (Sep 2007) filled by vendor is mandatory and applies to this acquisition. Online version of Reps and Certs at https://orca.bpn.gov/ suffice as a replacement. Otherwise, hard copy of 52.212-3 may be accepted by fax at 406 731 4005. (xi) FAR 52.212-4, Contract Terms and Conditions ? Commercial Items (Feb 2007) applies to this acquisition. (xii) FAR 52.212-5, Contract Terms and Conditions Required To Implement Statues Or Executive Orders ? Commercial Items (Aug 2007)(Deviation) applies to this acquisition in full text. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS?COMMERCIAL ITEMS (AUG 2007) (DEVIATION) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor?s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause. (i) 52.219-8, Utilization of Small Business Concerns (May 2004)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, as Amended (Jul 2005), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (vii) 52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64, (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) (xiii) The following clauses and provisions apply to this solicitation and are included by reference: 52.204-7 Central Contractor Registration (July 2006) 52.219-6 Notice of Total Small Business Set-Aside (June 2003) 52.222-3 Convict Labor (June 2003) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.225-13 Restrictions on Certain Foreign Purchases (Feb 2006) 52.232-1 Payments (Apr 1984) 52.233-3 Protest After Award (Aug 1996) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) 252.204-7004 Central Contractor Registration (52.2047)(Nov 2003) Alternate A (Sep 2007) 252.223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials (Apr 1993) 252.225-7000 Buy American Act?Balance of Payments Program Certificate(June 2005) 252.225-7001 Buy American Act and Balance of Payments Program(June 2005) 252.232-7010 Levies on Contract Payments (Dec 2006) Additional Clauses apply to this solicitation in full text: 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2007) (DEVIATION) (a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5 (JUN 2006) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.225-7014 Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a). 252.237-7019 Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) 252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631) (End of clause) 5352.201-9101 OMBUDSMAN (AUG 2005) (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 ombudsmen, A7K, 150 Vandenberg St, Ste 1105, Peterson AFB, CO 80914-4350, 719-554-5250, fax 719-554-5299,
[email protected]. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU 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. (End of clause) 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 http://ww.arnet.gov/far/ http://www.acq.osd.mil/dp/dars/dfars/html (End of clause) 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (MAR 2007) (a) Definitions. As used in this clause? (1) ?Contract financing payment? and ?invoice payment? have the meanings given in section 32.001 of the Federal Acquisition Regulation. (2) ?Electronic form? means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using one of the electronic forms provided for in paragraph (b) of this clause. (3) ?Payment request? means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests using one of the following electronic forms: (1) Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA). Information regarding WAWF-RA is available on the Internet at https://wawf.eb.mil. (2) Web Invoicing System (WInS). Information regarding WInS is available on the Internet at https://ecweb.dfas.mil. (3) American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats. (i) Information regarding EDI formats is available on the Internet at http://www.X12.org. (ii) EDI implementation guides are available on the Internet at http://www.dod.mil/dfas/contractorpay/electroniccommerce.html. (4) Another electronic form authorized by the Contracting Officer. (c) The Contractor may submit a payment request in non-electronic form only when? (1) DoD is unable to receive a payment request in electronic form; or (2) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer?s determination with each request for payment. (d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. (e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests. (End of clause) DoD-G1 Electronic invoicing is now required in accordance with DFARS 252.232-7003. You will need the following information in order to complete your invoices: Paying Office DODAAC: F03000; Issuing Office DODAAC: FA4626; Inspector's BPN: F2WTB1; Email addresses: Contracting Officer:
[email protected]; Contract Administrator:
[email protected]; FSC: 6665. (End of Clause) (xiv) DPAS Rating : N/A (xv) Numbered Notes: N/A (xvi) Quotes are required to be received no later than 2:00 PM EST, September 28, 2007. All quotes must be faxed to (406) 731-4005 to the attention of Oleg Perchine or emailed to
[email protected]. Please follow up with a phone call to ensure the fax is received. (xvii) Direct any questions to Oleg Perchine at (406) 731-4608, e-mail address
[email protected]; or Jennifer George at (406) 731-4554, e-mail address
[email protected]. Attachment 1 DETERMINATION AND FINDINGS SUBJECT: Sole Source Procurement (ICx Radiation Inc.) FINDINGS 1. In accordance with (IAW) FAR 13.106-1(b)(1), for purchases less than the SAT, the Contracting Officer may make a determination to solicit for ?brand name? only. Also, IAW IG5306 in Air Force Contracting Guidelines, J&A is not required for purchases under procedures in FAR Part 13 (see above). Dollar amount on requirement does not expect to exceed the SAT. 2. IAW 10 USC 2304(c)(1), the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency. IdentiFINDER Radiation detection manufactured by ICx Radiation Inc. to be used on EOD robots on Malmstrom AFB. To ensure 100 percent compatibility with existing equipment, it is in the best interests of the Government to procure this specific brand name. 3. A written letter has been received from ICx Radiation Inc. stating that they are the sole manufacturer and distributor for the desired brand-name. Thus a sole-source procurement toICx Radiation Inc. would be necessary in order to ensure the Government?s needs are met. DETERMINATION Based on the findings above and IAW Air Force Instructions, it is hereby determined that a sole source procurement for this requirement to ICx Radiation Inc. is in the best interest of the Government.