Philip Intellivue Dash Monitor Accessories and Installation for Naval Medical Center San Diego
NOTICE TO CONTRACTOR This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures f... NOTICE TO CONTRACTOR This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, in conjunction with FAR Part 13 Simplified Acquisition Procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a separate written solicitation will not be issued. The solicitation number is HT941023Q2046. It is issued as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 effective 06/02/2023 and Defense Federal Acquisition Regulation Supplement (DFARS) change 06/09/2023. The North American Industry Classification System (NAICS) Code for this acquisition is 334510. The size standard is 1250 (# of employees). This solicitation is for Brand Name Only. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. This requirement is for supplies. Defense Health Agency Contracting Activity (DHACA) Western Markets Contracting Division requests responses from qualified sources capable of providing the following: Philip Intellivue Dash Monitor Accessories and Installation: The Dash Monitors assist with patient vital signs and oxygen levels during procedures. Items required: CLIN 0001: Hook: VHM, M-Series, 4 Hook NUMBER # 989805710228 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 3 Unit of Issue: Each CLIN 0002: VHM-PL: MX600-850, AD75/85, SA, 9" DP NUMBER # 989805710340 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 3 Unit of Issue: Each CLIN 0003: Wall Channel: 19" Seismic NUMBER # MXU0175 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 1 Unit of Issue: Each CLIN 0004: Project Management: Foundation NUMBER # 989803208681 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 3 Unit of Issue: Each CLIN 0005: Labor: Standard Time NUMBER # 989805710138 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 8 Unit of Issue: Each CLIN 0006: Clin Config & Imp: 1 Standard Shift NUMBER # 989803216591 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 3 Unit of Issue: Each CLIN 0007: Thermal Array Recorder Module NUMBER # 866336 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 4 Unit of Issue: Each CLIN 0008: System Cables 0.75m NUMBER # 862453_SC1 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 4 Unit of Issue: Each CLIN 0009: Adt Orl/Nsl CO2 Line w/O2 Lterm NUMBER # 989803204381 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 1 Unit of Issue: Each CLIN 0010: Easy Care Cuff, 1 Hose, Adult (1) NUMBER # 989803147871 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 4 Unit of Issue: Each CLIN 0011: Easy Care Cuff, 1 Hose, Lrg Adult (1) NUMBER # 989803147891 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 4 Unit of Issue: Each CLIN 0012: Metallic 3 Lead Electrode Set, AAMI NUMBER # 989803156201 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 4 Unit of Issue: Each CLIN 0013: 3 Lead ECG Trunk, AAMI/IEC 2.7m NUMBER # 989803145071 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 4 Unit of Issue: Each CLIN 0014: 3 Leadset, Grabber, AAMI, ICU NUMBER # 989803145091 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 4 Unit of Issue: Each CLIN 0015: 3 Lead ECG Trunk, AAMI/IEC 2.7m NUMBER # 989803145071 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 4 Unit of Issue: Each CLIN 0016: 5 Leadset, Grabber, AAMI, ICU NUMBER # 989803125841 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 4 Unit of Issue: Each CLIN 0017: 10 Lead ECG Trunk AAMI/IEC 2m NUMBER # 989803144791 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 4 Unit of Issue: Each CLIN 0018: 5 Leadset, Grabber,Chest, AAMI,ICU NUMBER # 989803125881 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 4 Unit of Issue: Each CLIN 0019: Adult NIBP Air Hose 3.0m NUMBER # 989803104341 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 4 Unit of Issue: Each CLIN 0020: rainbowSET 10' Cable For LNCS NUMBER # 989803186501 Location: Navy Medicine Readiness and Training Command San Diego Delivery Date: September 15, 2023 Quantity: 4 Unit of Issue: Each Delivery/Acceptance Location: Naval Medical Center San Diego 34800 Bob Wilson Drive San Diego, CA 92134 DEFENSE BIOMETRIC IDENTIFICATION SYSTEM (DBIDS) DBIDS is the current system for access control verification and management for the Department of Defense (DoD). DBIDS guidance for Vendors/Contractors to obtain a pass is accessible through the following website: https://www.cnic.navy.mil/Operations-and-Management/Base-Support/DBIDS/ For more information or to enroll in the DBIDS Program, call: 1 (202) 433-4784. For the Naval Base San Diego Pass and ID Office, call: 1 (619) 556-7467 or 1 (619) 556-1652. To pre-enroll for a DBIDS card, visit https://dbids-global.dmdc.mil/enroll#!/. Pre-enrolling will help expedite your processing time. Vendors, contractors, suppliers, and other service providers shall present their pass upon entry at the entry control point (ECP). This acquisition incorporates by reference the following FAR provisions and clauses: 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) Only complete if not already completed in SAM 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) Only complete if not already completed in SAM 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (DEVIATION 2023-O0002) (Dec 2022), Alternate I (Oct 2014) 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Dec 2022) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) The following additional DFARS provisions and clauses applicable to this acquisition are incorporated by reference: 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) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Sep 2022) 252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (Jan 2023) 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (Dec 2019) 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (May 2021) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Jan 2023) 252.204-7024 Notice on the Use of the Supplier Performance Risk System (Mar 2023) 252.211-7003 Item Unique Identification and Valuation (Jan 2023) 252.211-7008 Use of Government-Assigned Serial Numbers (Sep 2010) 252.223-7008 Prohibition of Hexavalent Chromium (Jan 2023) 252.225-7002 Qualifying Country Sources as Subcontractors (Mar 2022) 252.225-7036 Buy American—Free Trade Agreements—Balance of Payments Program— Alternate I (Jan 2023) 252.225-7048 Export-Controlled Items (Jun 2013) 252.225-7055 Representation Regarding Business Operations with the Maduro Regime (May 2022) 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (Jan 2023) 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Certification (Dec 2022) 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (Jan 2023) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) 252.232-7006 Wide Area WorkFlow Payment Instructions (Jan 2023) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts) (Jan 2023) 252.247-7023 Transportation of Supplies by Sea—Basic (Jan 2023) The following FAR provisions and clauses incorporated by full text apply to this acquisition: 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition— (1) Is set aside for small business and has a value above the simplified acquisition threshold; (2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show— (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1) (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (https://assist.dla.mil/online/start/). (ii) Quick Search (http://quicksearch.dla.mil/). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by- (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Unique entity identifier. (Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier. (k) [Reserved] (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. Addendum to FAR 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services The following is inserted as new paragraph (m) of the provision: (m) QUOTER INSTRUCTIONS The Government intends to award a firm-fixed-price (FFP) contract resulting from this RFQ to the responsible Quoter, whose quote conforms to the solicitation and is the most advantageous (best value) to the Government, price and other factors considered as defined in the EVALUATION FACTORS FOR AWARD section below. The Government will review the quotes received to determine if they are compliant with the RFQ requirements. A compliant quote is one that meets all of the terms, conditions, and specifications in the RFQ. The Quoter must provide all documents listed and comply with all RFQ instructions in order for their quote to be considered “compliant” with this RFQ. Only compliant quotes will be evaluated for award. All questions regarding the RFQ, of a contractual or technical nature, must be submitted electronically by email to isaac.a.donwillies.civ@health.mil no later than 1.00 pm PST on Tuesday, 15 August, 2023. Questions submitted after the specified date and time may not receive a response. Questions, along with the Government’s responses, will be posted as an attachment to the RFQ. Please be advised that the Government reserves the right to transmit those questions and answers of a common interest to all prospective Quoters. Electronic Submission of Quotes: Quotations shall be submitted electronically via email to isaac.a.donwillies.civ@health.mil Quoters are instructed to electronically submit their complete quotation in one (1) single file, formatted in Portable Document Format (PDF) with a .pdf file. - FACTOR 1: Technical Capability: The Quoter ability of the products to meet the salient characteristics - FACTOR 2: Delivery Requirement: Defined as vendor’s ability to deliver supplies as scheduled - FACTOR 3: Price: The Quoter shall submit a firm-fixed-price for all contract line-item numbers (CLINs) identified. Incomplete pricing may result in a Quoter’s quotation being deemed ineligible for award. - Completed Provisions: Quoters shall be registered in the System for Award Management (SAM) with the appropriate NAICS code and completed representations and certifications and shall not have any active exclusions listed within SAM. Additionally, the Quoter shall include one (1) copy of the following FAR provision(s) located within this RFQ that shall be completed and included with the quote: 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment LATE SUBMISSIONS MAY NOT BE CONSIDERED. It is a Quoter’s responsibility, when transmitting its quote electronically, to ensure the quote’s timely delivery by transmitting the quote sufficiently in advance of the time set for receipt of quotes to allow for timely receipt by the Government no later than the date and time stated in this RFQ. A Quoter risks the late receipt and rejection of a quote where it delays transmitting its quote until the last few minutes before the time set for receipt of quotes. Quotes that are received after the date and time stated in this RFQ will not be considered except at the discretion of the Contracting Officer; the Contracting Officer reserves full discretion to accept any late quotes at any time prior to award if it serves the best interest of the Government. Quoters are responsible for submitting their quote in the format specified, consistent with requirements stated elsewhere in this RFQ. Quoters are asked to submit only the information required. Files that cannot be opened or are otherwise missing the required content are the responsibility of the Quoters. Submissions that do not adhere to format and content requirements may be considered non-compliant. The Government reserves the right to eliminate any such quotes from consideration for award. Quotations must be received no later than 1.00 pm PST on Friday, 18 August, 2023. (End of provision) 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) (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 shall be used to evaluate quotes: (1) Technical Capability (2) Delivery requirement (3) Price Technical Capability will be rated on an Acceptable/Unacceptable basis, and meeting delivery requirements will be equally important as price. (b) 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. Addendum to FAR 52.212-2, Evaluation—Commercial Products and Commercial Services The following is inserted as new paragraph (d) of the provision: (d) EVALUATION FACTORS FOR AWARD Contract award shall be made on a “Delivery requirement Price Tradeoff” basis. This process allows for a tradeoff between Delivery Requirement and price. This allows the Government to accept other than the lowest priced quote or other than the highest rated quote to achieve a best-value contract award. This may result in an award to a higher-rated, higher-priced quote if the Government determines that meeting delivery schedule of the higher-priced quote outweighs the price difference. The selection process is subjective by nature and professional judgment is implicit throughout the tradeoff process. The Quoter’s technical capability will be evaluated to determine if it is acceptable or unacceptable in accordance with the evaluation criteria stated in this RFQ. If a Quoter’s technical capability is determined to be unacceptable, the Quoter will no longer be considered for award. Award will be made to the Quoter providing a quote that is deemed most advantageous to the Government, whose technical capability has been determined to be “Acceptable” and trading off Delivery Requirement against price. Meeting Delivery Requirement is equally important as price. The Government intends to award based on initial quotes. Notwithstanding this intent, the Contracting Officer reserves the right to conduct exchanges if it is within the best interest of the Government, a matter within their discretion. FACTOR 1: TECHNICAL CAPABILITY: The Government will use the following ratings/descriptions in Table 1 when evaluating technical capability: Table 1. Technical Capability Ratings Rating Description Acceptable Quote clearly demonstrates the ability of the products to meet the salient characteristics needed. Unacceptable Quote does not demonstrate the ability of the products to meet the salient characteristics needed. FACTOR 2: DELIVERY REQUIREMENT: FACTOR 2: Delivery Requirement; defined as the ability to deliver supplies as scheduled. FACTOR 3: PRICE: The Government will evaluate the quoted price for price reasonableness. The following price analysis techniques may be used to ensure a fair and reasonable price: - Comparison of quoted prices received in response to the solicitation. - Comparison of quoted prices with the independent Government estimate. - Comparison of quoted prices with available historical information. The quoted price will be evaluated for the entire effort, inclusive of all options. Evaluation of options shall not obligate the Government to exercise the option(s). Price must be determined fair and reasonable in order to be eligible for award. A price is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business. A price that is found to be unreasonably high may be indicative of an inherent lack of understanding of the solicitation requirements and may result in the overall quote not being considered for award. (End of provision) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023) (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 products and commercial services: (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 (Nov 2021) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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 products and commercial services: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) (4) 52.204-10, R...
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