Inactive Total Small Business Set-Aside (FAR 19.5)

Document Type: Combined Solicitation/Synopsis Solicitation Number: W911S6-20-Q-0006 Amendment # 003 (See Attachments) Posted Date: 03/10/2020 Original Response Date: 03/19/2020 Current Response Date: ... Document Type: Combined Solicitation/Synopsis Solicitation Number: W911S6-20-Q-0006 Amendment # 003 (See Attachments) Posted Date: 03/10/2020 Original Response Date: 03/19/2020 Current Response Date: 03/19/2020 Product or Service Code: 3442 Set Aside: 100% SMALL BUSINESS NAICS Code: 333517 SIZE STANDARD: 500 EMPLOYEES The Non manufacturers rule is in effect. See CFR §121.406(b) & FAR Part 52.219-6 important – notice to offeror: AT A MINIMUM, OFFEROR SHALL SUBMIT THE FOLLOWING DOCUMENTS BACK WITH THEIR RESPONSE TO THIS SOLICITATION: 1. Schedule of items (PAGE 2) 2. Technical response as identified in evaluation factors for award (Section 8) 3. Exhibit #1, representation by corporations regarding delinquent tax liability or a felony conviction under any federal law. Paragraph (q) (2) of provision 52.209-11 (Page 9). Please keep a copy of your quote for your records. An award will be made from this solicitation when the evaluation of offers has been completed which is anticipated to occur shortly after the closing date of the solicitation. In order to be considered for any award, it is REQUIRED that contractors be Registered, Active and Valid in the System For Award Management (SAM) database at the time that award will be made. Reference FAR 52.204-7 System for Award Management. It is recommended that if you are a contractor that will be responding to this solicitation and not currently Registered, Active and Valid in the SAM database, that you immediately begin the process. Contractors must also meet the small business size standard of the NAIC’s code that this solicitation is issued under This is the only notice that contractors will get instructing them to complete the SAM registration process if they have not already done so. The website is https://www.sam.gov/portal/SAM/#1. All solicitations shall be issued through the Government point of Entry (https://beta.sam.gov/search?index=opp) It is the offerors responsibility to watch for any and all amendments to the solicitation, which shall be issued electronically through the Federal Business Opportunities Website. Request for Quote (RFQ) W911S6-20-Q-0006 is a combined synopsis/solicitation for commercial items. This combined synopsis/solicitation is issued as a RFQ. Submit written offers only, oral/facsimile offers will not be accepted. Written offers shall be submitted by Email: Jeremy.a.macdougall.civ@mail.mil. All firms or individuals responding must be registered and active in the System for Awards Database (www.sam.gov). This combined synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-04 (January 15, 2020). It is the contractor’s responsibility to be familiar with applicable clauses and provisions. Clauses and provisions can be found at: https://www.acquisition.gov/ REQUIREMENTS: The purchase of One (1) CNC 5-AXIS PRESS BRAKE WITH 240 TON CAPACITY WITH INSTALLATION. The Requiring Activity for this procurement is the West Desert Test Center, BLDG 5460, Dugway Proving Ground. The Buy American Act is in effect. Shipping shall be through traceable means. FOB-DESTINATION Schedule of Items CLIN MANUFACTURER’S PART NUMBER Description QTY Unit Price Extended Price 0001 5 AXIS C-N-C HYDRAULIC BRAKE PRESS 240 TON CAPACITY 1 Maximum bending length: 157” Distance between housing: 124” Maximum distance bed/ram with T-slot table: 15.7” Distance between housing:. . . . . . . . . . 124” Specifications of Ram (Y1 Y2 Axis) Maximum stroke: 8” Depth of gap: 15.7” Approach speed (inches/min.): 283”/min. Working speed (inches/min.): 50”/min. Return speed (inches/min.): 472”/min. Repeatability: +/-.0004" Positioning: +/-.0004" Specifications of the 2-axis back gauge X, R X Axis : Front to back positioning of the back gauge Positioning speed (inches/min): 1300 Programmable range: 37.4" Positioning accuracy: +/-0.0004" Type of back gauge: Duo Stroke: 21.6" R Axis : Vertical positioning of the back gauge Stroke: 7.8" Positioning accuracy:+/-0.004" General Specifications: 3 Phase AC motor capacity (H.P.): 50 hp Working height: 38” CRT size: 19” (See Amendment #3) Foundation requirements: Flush Floor 0001-A Laser Safe System, includes side & rear protection 1 0001-B Quick-acting hydraulic clamping on vertical ram (Per Foot) 13 0001-C 2 Lateral adjustable front supports on guide rails (w/out parking facility) rails (w/out parking facility) 1 0001-D Oil cooler with air 1 0001-E WILA Press Brake Productivity Tooling Package, Includes Storage Cabinet (See Amendment #3) 1 0001-F IUID tag plate per MIL-STD-130x 1 0002 Installation includes the following: 1. Offload, rigging, placement and concrete anchoring/epoxy as per drawing with steel plates. Startup/commissioning, Basic Operator training 2. Electrical service: 125A @ 208V, 3PH – to include all conduit, wire, breaker and service disconnecting means (NEMA 1) Not to exceed 100’ from closest panel. 3. Excludes shop air, networking wiring 1 SHIPPING TO DUGWAY, UTAH 84022 Quote on all items. Only quotes to the nearest cent will be accepted. Set aside. This Request for quotation is set-aside 100% for small business. Delivery By: 180 Days After Receipt of Order (ARO) DUGWAY PROVING GROUNDS BLDG 5460 DUGWAY, UTAH 84022 Offerors Company Information: Name of Company (please print): DUN’s Number: Printed Name of Company Agent: Signature of Company Agent: Date: Phone Number: Email Address: Responsibility and Inspection: Unless otherwise specified in the contract or purchase order, the supplier is responsible for the performance of all inspection requirements and Quality Control (QC). Contract Terms and Conditions 1. CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2) (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): https://www.acquisition.gov/?q=browsefar Clauses Incorporated By Reference: 2. CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS (FAR 52.212-4) (OCT 2018) Addendum to FAR Clause 52.212-4, Contract Terms and Conditions-Commercial Items (Incorporated By Reference on Standard Form 1449): The following clauses are added to the terms and conditions in FAR 52.212-4 SYSTEM FOR AWARD MANAGEMENT (FAR 52.204-7) (OCT 2018) INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (FAR 52.204-19) (DEC 2014) BRAND NAME OR EQUAL (FAR 52.211-6) (AUG 1999) UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (FAR 52.232-39) (JUN 2013) PROVIDING ACELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (FAR 52.232-40) (DEC 2013) APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (FAR 52.233-4) (OCT 2004) F.O.B. DESTINATION (FAR 52.247.-34) (NOV 1991) DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (FAR 52.249-8) (APR 1984) ITEM UNIQUE IDENTIIFCATION AND VALUATION (DFARS 252.211-7003) (MAR 2016) TECHNICAL DATA – COMMERCIAL ITEMS (DFARS 252.227-7015) (FEB 2014) ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DFARS 252.232-7003) (JUN 2012) ELECTRONIC FUNDING VIA WAWF (DFARS 252.232-7006) (MAY 2013) CLAUSES INCORPORATED BY FULL TEXT: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS. (FAR 52.212-5)(JAN 2020) (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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a) (1) (A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (6) 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 items: X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644). X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d) (2) and (3)). X__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637 (a) (14)). X__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d) (4) (F) (i)). X_ (22) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15 U.S.C. 632(a) (2)). X__ (25) 52.222-3, Convict Labor (June 2003) (E.O.11755). X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126). X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X_ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). X_ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). X__ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). As prescribed in 25.1101(c)(2), insert the following provision: Trade Agreements Certificate (May 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.” (b) The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (c) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for those products are insufficient to fulfill the requirements of this solicitation. (End of provision) _X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). _X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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: (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 (Oct 2015) (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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a) (1) (A) of Pub. L. 115-232). (v) 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. (vi) 52.222-17, Non-displacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246). (ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212) (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). (xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) (xii) 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. (xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiv) (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 and E.O 13627). (xv) 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). (xvi) 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). (xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 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). (xxii) 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. (xxiii) 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. 4. Description/Specifications/Statement of Work The purchase of One (1) CNC 5-axis press brake with 240 ton capacity with installation & training. The Requiring Activity for this procurement is the West Desert Test Center, BLDG 5460, Dugway Proving Ground. The Buy American Act is in effect. Shipping shall be through traceable means. 5. Instructions to Offerors-Commercial Items (FAR 52.212-1) (OCT 2018) Quotes, including Exhibit 1, technical quote, and schedule of Items including Offerors Information must be emailed to Jeremy MacDougall, JEREMY.A.MACDOUGALL.CIV@MAIL.MIL, Mail & Facsimile Quotes will NOT be accepted. Quotes are required to be received no later than 3:00 PM MST 03/19/2020. 6. Prohibition on Contracting with Entities Engaging in Certain activities or Transactions Relating to IRAN-Representations and Certifications. (FAR 52.225-25)(AUG 2018) 7. OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS. (FAR 52.212-3) (OCT 2018) The clause at FAR 52.212-3 Offeror Representations and Certifications – Commercial Items, applies to this acquisition. Offeror shall complete only paragraphs (b) (Exhibit #1) of this provision; if the offeror has completed the annual representations and certificates electronically via https://www.sam.gov . Exhibit 1 – FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law Offeror shall complete paragraphs (b) of this provision and return with quote. 8. Evaluation of Offers PER FAR 52.212-2 The Government intends to award this requirement without discussion, to the offeror that provides a quote that meets the minimum specifications and is the Lowest Priced Offer amongst those qualified as previously stated. Quotes may be submitted by email to the attention of Jeremy MacDougall/RFQ W911S6-20-Q-0006 Email: jeremy.a.macdougall.civ@mail.mil Please contact Jeremy MacDougall with any questions about this solicitation at (435) 831-3429 EXHIBIT #1 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FAR 52.209-11) (FEB 2016) As prescribed in 9.104-7 (d), insert the following provision: Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) (a)As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that– (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that– (1)It is ____is not ____ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2)It is ____ is not ____ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. _________________________ _________________________ SIGNATURE (PRINCIPAL) DATE _________________________ PRINTED NAME