Inactive Total Small Business Set-Aside (FAR 19.5)

AMENDMENT 0001 has been posted to give updated instructions on submitting pricing. This amendment requests the vendors to please INCLUDE the non-GFM pricing in their prices on the chart on page 9 of t... AMENDMENT 0001 has been posted to give updated instructions on submitting pricing. This amendment requests the vendors to please INCLUDE the non-GFM pricing in their prices on the chart on page 9 of the solicitation. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested. This notice is NOT the complete solicitation. Please see complete solicitation attached to this notice. The solicitation is available via SAM.gov and DLA Internet Bid Board System (DIBBS). Hard copies of this solicitation are not available. Specifications and drawings are not available. Pleases submit filled in solicitation to Kimberly Brown via email at Kimberly.Brown@dla.mil by 3:00 PM EST, December 19, 2022. Solicitation Number SPE1C1-23-R-X002 being solicited as a Request for Proposal (RFP) in accordance with FAR Part 12. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-97. This solicitation is a total small business set-aside. The North American Industry Classification System (NAICS) code is 332999 and the small business size standard is 500. SCHEDULE OF SUPPLIES/SERVICES 0001 Chaplain’s Kit, Muslim (9925-01-464-8618) AEQ-36 KT 0002 Chaplain’s Kit, Muslim Ministry Extender (9925-01-464-8683) AEQ-16 KT DPAS Rating: DO-C9 Production lead-time: 14 days Commercial Packaging and Labeling shall be used FOB Terms: Destination Inspection and Acceptance Terms: Destination SHIP TO ADDRESS: Various/DVD NON-GOVERNMENT FURNISHED MATERIAL (GFM) PROCEDURES Government Furnished Material (GFM) will no longer be provided to vendors that are awarded contracts for Clothing and Textile items. It is now the responsibility of the Contractor to purchase the Bag, Chaplain’s Kit (NSN 9255-01-672-5333) from DLA Troop Support as needed for the Chaplain’s Kits (NSNs 9925-01-464-8618 and 9925-01-464-8683). The Government shall be the sole source of the supply of the Bag, Chaplain’s Kit identified below and only such bag obtained from the Government under this contract may be used in the performance of this contract. Item: Bag, Chaplain’s Kit NSN: 9255-01-672-5333 Location: VSTQ The price for the Bag, Chaplain’s Kit (NSN 9255-01-672-5333) per term is as follows: BASE TIER-$45.98 TIER 2-$47.36 TIER 3-$48.78 TIER 4-$50.24 TIER 5-$51.75 uantity of bQags required as follows: NSN: 9925-01-464-8618 Chaplain’s Kit, Muslim (2 Each) NSN: 9925-01-464-8683 Chaplain’s Kit, Muslim Ministry Extender (1 Each) NOTE: Do not include the price of non-GFM in your offered unit prices in the Schedule of Supplies and Services! PAYMENT Upon the delivery of end items, the Contractor will be paid the contractual unit price for the contract. It is the responsibility of the Contractor to pay the balance owed to the Government for the material as end items are shipped and payments are received. The Contractor will receive a bill from DFAS for the amount of the material purchased that will outline the procedures for payment. A copy of the bill must be submitted with every payment. The Contractor will only receive one bill and must make copies of it if incremental payments will be made. This ensures there is a copy of the bill linking every incremental payment made. The balance due for the purchase of the material must be paid within 180 days after the date of the bill for the purchase of the material. In the case that delivery schedules have been extended, the Government may extend the payment terms beyond 180 days. The Contractor will have a continuing balance owed to the Government for the material until end items are shipped and payments are received by the Contractor and made to the Government. In the case that a Contractor makes a late payment or no payment at all, a standard rate of interest will be charged to the Contractor’s account which is determined by DFAS. Failure to make payment may also impact the placement of future delivery orders on this contract and will be considered as a part of any future assessment of past performance. Final payment on this contract will be withheld until all material is paid for. Note that once the sale is made for the material, the Contractor assumes all responsibility for the material including care and safety. CONTRACTOR REQUEST FOR MATERIAL The Contractor shall submit a properly executed DLA Troop Support Form, “Prime Contractor's Request for the Purchase of Material”, to the Contract Specialist. The procedure for requesting material has not changed. It is the responsibility of the Contractor to request the material in sufficient time to comply with the delivery schedule of the contract. The Government reserves the right to ship partial orders of material depending on the current available stock. The Contractor is not required to purchase the entire amount of material at one time that is required to complete the delivery order. The Contractor may purchase the entire amount of material required to complete the delivery at one time and schedule partial shipments for later dates. If the material required to complete a delivery order is purchased all at once, payment is due 180 days after the date of the bill for the purchase of the material. If smaller increments are purchased, payment is due 180 days from each incremental sale. The Government will not purchase extra bags leftover after the end of a contract. PROCEDURES 1. All concerns regarding this material should be directed to the Contracting Officer by letter or email within 30 days of the purchase of the material. The Contracting Officer will respond within three business days of receipt. The Contractor must notify the Contracting Officer within the timeframes listed above when there is an issue regarding quality of the material. Ultimately, it is the Contracting Officer’s decision to determine a solution. 2. Materials furnished shall be charged to the Contractor's account per unit. SHIPPING ARRANGEMENTS 1. The Contractor shall be solely responsible for making transportation arrangements for the pickup and delivery of this material, using its own truck, or a leased or rental carrier. These arrangements shall be specified by the Contractor on the DLA Troop Support Form, Prime Contractor's Request for the Purchase of Material. The Government material will be available for pickup no later than 21 calendar days after receipt of the original DLA Troop Support Form, Prime Contractor's Request for the Purchase of Material. 2. Prior to pick-up, the Contractor shall contact the storage location to coordinate the exact date for pickup and provide the name of the motor carrier to be used. If such pickup is not made within 10 calendar days after the availability date, or the actual date the material becomes available, whichever date is later, the Government reserves the right to return the material to storage, unless a revised date for its pickup has been requested by the Contractor. If the material has to be returned to storage, the Government will not be liable for any additional expense, delay, or loss incurred by the Contractor as a result of missing a scheduled shipment. 3. Shipping of the material from the Government to the Contractor shall be F.O.B. Origin with all material picked up at the location specified and made available at the shipping platform. Loading into the vehicle will be the responsibility of the Contractor or its representative. Delivery of the material shall be deemed to be accomplished when the material has been picked up and loaded into the vehicle by the Contractor, or its authorized representative. Title to and risk of loss of or damage to the material shall pass to the Contractor upon delivery. Source Selection Method: Lowest Price Technically Acceptable (LPTA) This acquisition will utilize the Lowest Price Technically Acceptable (LPTA) Source Selection method (FAR 15.101-2). As such, no “trade-off” applies and the Government intends to award to the lowest priced offeror who is deemed “TECHNICALLY ACCEPTABLE.” Technical acceptability is being defined herein as agreement to the delivery schedule, satisfactory overall SPRS score, and compliance with the terms and conditions of the solicitation. “TECHNICALLY UNACCEPTABLE” is defined as inability to meet delivery requirements, unsatisfactory SPRS score and inability to comply with the terms and conditions of the solicitation. From among the technically acceptable firms, the Government will then select the lowest price offeror (total price for all 5 pricing tiers) and determine if that firm is responsible, complies with the terms and conditions of the solicitation, and an award to that firm is in the best interests of the Government. If the firm fits these criteria, award will be made to them. If not, the Government will review each subsequent technically acceptable low-priced offer until one is identified that does meet the criteria, in which case award will be made to that firm. The full text of a FAR provision or clause may be accessed electronically at https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse. The following provisions will be included in the established agreements: FAR 52.212-1 - Instructions to Offerors -- Commercial, applies to this acquisition. The following addenda is provided to this provision: Request for Quotation should be submitted and shall contain the following information: Solicitation Number; Time Specified for receipt of offers; Name; Address; Telephone Number of Offeror; FOB Destination Unit Price, CAGE code, DUNS number, and acknowledgement of all solicitation amendments. Quotes must indicate quantity, unit price and total amount. Offerors that fail to furnish the required information or reject the terms and conditions of the solicitation may be excluded from consideration. FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items. Offerors shall submit a completed copy of the provision at 52.212-3 with its offer unless Online Reps and Certs are utilized within the System for Award Management (SAM) and are accurate, current, and complete. FAR 52.212-4, Contract Terms and Conditions -- Commercial Items FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items FAR 52.219-1, Small Business Program Representation FAR 52.219-26, Small Disadvantaged Business Participation Program - Incentive Subcontracting FAR 52.219-8, Utilization of Small Business Concerns FAR 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Product FAR 52.222-21, Prohibition of Segregated Facilities FAR 52.222-3, Convict Labor FAR 52.222-35, Equal Opportunity for Veterans FAR 52.222-36, Equal opportunity for Workers with Disabilities FAR 52.222-37, Employment Reports on Veterans FAR 52.222-40, Notification of Employee Rights under the National Labor Relations Act FAR 52.225-13, Restriction on Certain Foreign Purchases FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representation and Certifications FAR 52.232-33, Payment by Electronic Funds Transfer - System for Award Management FAR 52.246-2, Inspection of Supplies - Fixed Price FAR 52.246-15, Certificate of Conformance FAR 52.202-1, Definitions FAR 52.203-3, Gratuities FAR 52.203-6, Restrictions on Subcontractor Sales to the Government FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper FAR 52.204-7, System for Award Management FAR 52.209-7, Information Regarding Responsibility Matters DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders DFARS 252.209-7999, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law DFARS 252.211-7003, Item Unique Identification and Valuation DFARS 252.225-7001, Buy American and Balance of Payments Program DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments DFARS 252.225-7035, Buy American - Free Trade Agreements - Balance of Payments Certificate DFARS 252.232-7003, Electronic Submission of Payment Requests & Receiving Reports DFARS 252.232-7006, Wide Area Workflow Payment Instructions DFARS 252.247-7023, Transportation of Supplies by Sea DFARS 252.247-7024, Notification of Transportation of Supplies by Sea 52.246-17 --Warranty of Supplies of a Noncomplex Nature (June 2003) (a) Definitions. As used in this clause-- “Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract. “Supplies” means the end items furnished by the Contractor and related services required under the contract. The word does not include “data.” (b) Contractor’s obligations. (1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 12 month period. (i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and (ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract. (2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor’s liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor’s plant, and return. (3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies. (4) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract. (c) Remedies available to the Government. (1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days. (2) Within a reasonable time after the notice, the Contracting Officer may either -- (i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or (ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances. (3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer -- (A) May, for sampling purposes, group any supplies delivered under this contract; (B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed; (C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and (D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots. (ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options: (A) Require an equitable adjustment in the contract price for any group of supplies. (B) Screen the supplies grouped for warranty action under this clause at the Contractor’s expense and return all nonconforming supplies to the Contractor for correction or replacement. (C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies. (D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement. (4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor -- (A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or (B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. (ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred. (5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.