Law Enforcement Security Parkas
The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimb... The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. 1. This is a Combined Synopsis/Solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR), subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. 2. Solicitation number FA520919Q073A is issued as RFQ and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2019-05, DPN 20190628, and AFAC 2018-0525. 3. The NAICS is 315990, Apparel Accessories and Other Apparel Manufacturing. The Small Business Size Standard for this NAICS code is 500 employees. This acquisition is unrestricted. 4. Requirement Description: Law Enforcement Security Parkas. 5. Delivery Address/F.O.B. Destination to: U.S. Army Garrison Japan ATTN: IMJN-ESP-SUP Unit 45006 APO, AP 96343-5006 6. Points of contact: Contract Specialist: SSG Paola Caceres: paola.caceresvillalba@us.af.mil Contracting Officer: SFC Christopher Parker: christopher.parker.40@us.af.mil 7. Response Date and time: Quotes must be provided on the attached Pricing Schedule, dated and submitted by 26 Jul 2019, 03:00 A.M. Eastern Standard Time (EST) (4:00 P.M. Japanese Standard Time (JST)), to both of the points of contact listed in para 6. 8. It is the quoter's responsibility to be familiar with all applicable clauses and provisions. All FAR/ DFARS/AFFARS clauses and provisions may be viewed in full text at http://farsite.hill.af.mil/ or https://www.acquisition.gov/browse/index/far. The following clauses and provisions apply to this acquisition: CLAUSES INCORPORATED BY REFERENCE FAR Clauses: 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Aug 2019 52.212-4 Contract Terms and Conditions - Commercial Items Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 DFARS Clauses: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Sep 2013 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Information Oct 2016 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting Oct 2016 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support May 2016 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism Oct 2015 252.225-7041 Correspondence in English Jun 1997 252.232-7010 Levies on Contract Payments Dec 2006 252.244-7000 Subcontracts for Commercial Items Jun 2013 252.247-7023 Transportation of Supplies by Sea Apr 2014 CLAUSES IN FULL-TEXT FAR 52.212-5 Contract Terms and Conditions Required to Implement Status or Executive Orders - Commercial Items (May 2019). (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). (8) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note). (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (56) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). For the purpose of this clause, the blank(s) is/are completed as follows: (b)(1) The date when the Contractor submits first invoice, using EFT Form established by DFAS. (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) 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. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 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) DFARS 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States (Jun 2015). (a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas. (b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall-- (1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity; (2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality; (3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and (4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel. (c) The requirements of this clause do not apply to any subcontractor that is-- (1) A foreign government; (2) A representative of a foreign government; or (3) A foreign corporation wholly owned by a foreign government. (d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained 374aw.atfp@us.af.mil or DSN 225-6340. (End of Clause) AFFARS 5352.201-9101 Ombudsman (Jun 2016). (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 interested 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, the interested party may contact the ombudsman. AFICA/KH (Chief Enlisted Manager) 25 E Street, Suite B-100 JBPH-H, HI 96853-5427 Phone: (808) 449-8569 FAX: (808) 449-8571 Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested 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 (571) 256-2395, facsimile number (571) 256-2431. (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) PROVISIONS INCORPORATED BY REFERENCE FAR Provisions: 52.204-7 System for Award Management Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.212-1 Instructions to Offerors-Commercial Items Oct 2018 DFARS Provisions: 252.203-7005 Representation Relating to Compensation of Former DoD Officials Nov 2011 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls Oct 2016 PROVISIONS IN FULL-TEXT Addendum to 52.212-1 Instructions to Offerors - Commercial Items (Oct 2018). 1. Paragraph 52.212-1(c), "Period for Acceptance of Offers," is tailored as follows: "The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers." 2. The following is inserted as new paragraph (m) of the provision: (m) Quotation Preparation Instructions. (1) To assure timely and equitable evaluation of proposals, quoters must follow the instructions contained herein. Quoters are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or subfactors. Quoters must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of two (2) separate parts; Part I - Summary and Miscellaneous Data and Part II - Price. (2) Specific Instructions: PART I - SUMMARY AND MISCELLANEOUS DATA. (a) Complete the necessary fill-ins and certifications in provisions and in the on-line Representations and Certifications at www.sam.gov. Return the provision FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, along with the quotation. For other provisions and clauses in the solicitation, the quoter is required to submit the pages that require an quoter fill-in. PART II - PRICE. (a) Insert proposed unit price(s) and extended amount(s) in the Schedule of Supplies/Services for Contract Line Item Number (CLIN) 0001. The extended amount must equal the unit price multiplied by the number of units. It is imperative that mathematical calculations are correct; particular care should be taken to ensure the amounts match when using the EXCEL program and the rounding of figures, limited to two decimal places. (3) Documents submitted in response to this RFQ must be consistent with the following: (a) Requirements of the solicitation (CLINs) and Government standards. (b) FAR 52.212-2, Evaluation - Commercial Items, of this solicitation. (c) Submission for the quotation shall be as follows: (i) Quoters shall submit electronic copies of quotation via e-mail or fax. By submitting an electronic copy, quoters assume all risk of quotations not getting through security measures and firewalls. Only files created using Microsoft WORD, Microsoft EXCEL, and/or Adobe.pdf files will be accepted. No zip files will be accepted. If submitting quotations electronically, email the file(s) by the solicitation closing date and time to the following email addresses and fax: paola.caceresvillalba@us.af.mil and christopher.parker.40@us.af.mil or FAX 042-551-0973. The Government will confirm receipt of your submission via email reply. (End of Addenda) FAR 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 will be most advantageous to the Government, price and other factors considered. The following factors will be used to evaluate quotes: (1) Brand Name Only (2) Price (b) Options. N/A (c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful quoter within the time for acceptance specified in the quote, will result in a binding contract without further action by either party. Before the quote's specified expiration time, the Government may accept a quote (or part of a quote), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. Addendum to FAR 52.212-2, Evaluation - Commercial Items The following is inserted as new paragraph (d) of the provision: (d) Basis for Contract Award: This is a competitive award determined by lowest price that meets the requirement specifications, and is conducted in accordance with (IAW) Federal Acquisition Regulation (FAR) Parts 12 and 13. By submission of its quote IAW the instructions provided in clause FAR 52.212-1, Instructions to Offerors - Commercial Items, the quoter accedes to all solicitation requirements, including terms and conditions and representations and certification. Failure to meet a requirement may result in a quote being determined unacceptable. Award will be made to the lowest quote. The evaluation process will include the following: (1) Brand name only: see attached justification and approval, all quoted items shall be brand name only. (2) Price: The Government will rank all quotes by TEP for all Contract Line Item Numbers (CLINs). The price evaluation will document the fairness and reasonableness of the TEP. (3) Quoters are cautioned to submit sufficient information and in the format specified in FAR 52.212-1 of this solicitation. The Government intends to award a contract without further interchanges with quoters. Consequently, quoters are highly encouraged to quote their best quote in their initial submissions. However, the Government reserves the right to have interchanges with any or all quoters, if it is determined advantageous for the Government to do so. This statement is not to be construed to mean that the Government is obligated to have interchanges with every quoter (note that FAR Part 15 procedures do not apply to FAR 13 procedures, therefore formal discussions are not applicable). A quoter may be eliminated from consideration without further interchanges if its quote is not among those considered most advantageous to the Government based on a best value determination. (End of Addenda)
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