Inactive Total Small Business Set-Aside (FAR 19.5)

“Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes... “Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting O?icer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting O?icer" This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6, FAR 13 and supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issueD. SYSTEM FOR AWARD MANAGEMENT: In accordance with Class Deviation 2023-O0001 effective October 28, 2022, a small business joint venture offeror must submit, with its offer, the representation required in paragraph (c) of FAR solicitation provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, and paragraph (c) of FAR solicitation provision 52.219-1, Small Business Program Representations, in accordance with 52.204-8(d) and 52.212-3(b) for the following categories: A) Small business; (B) Service-disabled veteran-owned small business; (C) Women-owned small business (WOSB) under the WOSB Program; (D) Economically disadvantaged women-owned small business under the WOSB Program; or (E) Historically underutilized business zone small business. REQUIREMENT: The Michigan Army National Guard has identified the need to update and purchase additional Trauma kits. The update will consist of expired products and change some of current kits to more manageable sizes for appropriate use. For salient characteristics of each item and instructions on trauma kit assembly, refer to Attachment A – Product specifications for details. QUOTE PREPARATION INSTRUCTIONS:Refer to the Solicitation Clauses for 52.212-1 Instructions to Offerors for further instructions. Each electronic file shall be clearly named in accordance with the solicitation provisions. Quotes will be considered late unless the Offeror completes the entire submission of the quote before the closing date and time for receipt of quotes under this solicitation. CLIN STRUCTURE: 0001 Trauma Kits 100 EA Vendors are required to meet or exceed the quality of the items below. This NOT a brand name requirement. Vendors shall offer products that meets or exceeds the salient characteristics listed herein. These trauma kits are to be preassembled and shipped. Each trauma kit must have a digital or electronic tracking system to monitor content expirations and locations installed in buildings. Each trauma kits must arrive completely stocked, tagged, and ready for wall installation. Each trauma kit must have all self-defense items located in one half of the kit and wound management items located in the other half of the kit. Self-defense items and wound management items will not be mixed together and remain on each respective side of the case lids. Each trauma kit must contain the items in Attachment A. FIRST ARTICLE OF APPROVAL: The Contractor shall deliver _1_ EA of _1__ Trauma Kit within _30__ calendar days from the date of contract award to the Government at USPFO Warehouse, 3405 N Martin Luther King Jr. Blvd, Bldg 40, Lansing, MI 48906 and shall be addressed to: Scott Martke/ 1SG Jacob Waldorf for first article (Trauma kit). Once first article (trauma kit) is approved, Contractor shall deliver all Trauma Kits within__60__ days after the contract award date. The shipping documentation shall contain this contract number and the Lot/Item identification. QUOTE CONTENT/PRICING: Quotes must be firm fixed price and valid for a minimum of 90 days. The prospective offeror must include a detailed product sheet describing the items offered per kit and Capability Statement. Quotes may be unacceptable if submitted without detailed list of items being offered in accordance with this request for quote. Late quotes may not be eligible for award. Quote submission must be completed by the date and time indicated in section (Quote Preparation instructions). Please note: As applicable, these submission instructions will also apply to any future correspondence related to this solicitation. ERRORS, OMISSIONS, AMBIGUITIES: If an Offeror believes the solicitation, including the Performance Work Statement contains an error, omission, or ambiguity, or is otherwise unsound, the Offeror shall immediately notify the Contract Administrator and Contracting Officer in writing with supporting rationale prior to the date set for the closing for receipt of quotes. FALSE STATEMENT IN OFFERS: Offerors must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. DELIVERY, INSPECTION, AND ACCEPTANCE/ INVOICE INFORMATION: Delivery of cases shall be 60 days ARO. Inspection and Acceptance shall be at the USPFO Warehouse, 3405 N Martin Luther King Jr, Blvd, Lansing MI 48906. Net 30 days, FOB Destination. All Invoices must be submitted through Wide Area Workflow (https://piee.eb.mil/). Vendors shall identify lead time for this requirement. QUESTIONS AND AMENDMENTS: Answers to questions will be provided to all prospective Offerors. In order to receive responses to questions, please send them directly to milagros.isabelbaez.civ@army.mil & copy the P&C MailBox: ng.mi.miarng.list.uspfo-pc@army.mil no later than May 12, 2023, @12:30 PM Eastern Standard Time. Questions shall be submitted in Microsoft Word document via email. Offerors are reminded that the Government will not address any hypothetical questions aim toward receiving a potential “evaluation decision” from the Government. It is the vendor’s responsibility to monitor this site for any amendments. The government is not responsible for any attachments that are rejected by the cyber security due to corruption or virus extensions. It is the offeror’s responsibility to contact the POC to verify the quote is received PRIOR to the date and time set for the due date of RFQ. EVALUATION/BASIS FOR AWARD: The Government will issue one contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:The government intends to award to the responsible company(s) whose quote, conforming to the solicitation, is most advantageous to the government based on price and other factors that provide the best value. Best value will be determined by evaluating price, past performance, and technical approach. Unsatisfactory action in FAPIIS or SPRS in the last three years may render your quote unacceptable. Technical capability will be rated as acceptable or unacceptable. All evaluation factors are approximately equal. Award may be made without discussions or clarifications and may be awarded based on the information of submitted quote as written. Therefore, vendor must provide complete information in the package for the Government to determine the best value. The Government reserves the right to request minor clarifications. However, the Government may award without requesting clarification or without discussions. APPLICABLE PROVISIONS AND CLAUSES: The following clauses will be included in the award (details can be located on www.acquisition.gov): FAR: 52.203-6 Alt I Restrictions on Subcontractor Sales to the Government 52.203-19 Prohibition on Contracting with Entities That Require Certain Internal Confidentiality Agreements or Statements * 52.204-7 System for Award Management 52.204-18 Commercial and Government Entity Code Maintenance 52.209-4 First Article Approval-Government Testing. 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations * 52.212-4 Contract Terms and Conditions – Commercial Items 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items 52.219-6 Notice of Total Small Business Set-Aside * 52.219-8 Utilization of Small Business Concerns * 52.219-14 Limitations on Subcontracting * 52.219-28 Post-Award Small Business Program Representation * 52.222-3 Convict Labor * 52.222-19 Child Labor-Cooperation with Authorities and Remedies * 52.222-21 Prohibition of Segregated Facilities * 52.222-26 Equal Opportunity * 52.222-35 Equal Opportunity for Veterans * 52.222-36 Equal Opportunity for Workers with Disabilities * 52.222-37 Employment Reports on Veterans * 52.222-40 Notification of Employee Rights Under the National Labor Relations Act * 52.222-50 Combating Trafficking in Persons * 52.222-54 Employment Eligibility Verification * 52.223-18 Encouraging Contractor Policy to Ban Text Messaging While Driving * 52.225-13 Restrictions on Certain Foreign Purchases * 52.232-33 Payment by Electronic Funds Transfer System for Award Management * 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.232-18 Availability of Funds, 52.233-3 Protest After Award * 52.233-4 Applicable Law for Breach of Contract Claim * 52.252-2 Clauses Incorporated by Reference 52.252-6 Authorized Deviations in Clauses 52.222-36 Equal Opportunity for Workers with Disabilities 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment DFARS: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirements to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information by Litigation Support Contractors 252.211-7003 Item Unique Identification and Valuation 252.225-7048 Export-Controlled Items 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7006 Wide Area Workflow Payment Instructions 252.232-7010 Levies on Contract Payments 252.247-7023 Transportation of Supplies by Sea CLAUSES AND PROVISIONS INCLUDED IN THE SOLICITATION IN FULL TEXT: 52.212-1 Instructions to Offerors -- Commercial Items (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (Request for Quote). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is $9,000,000.00. (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 RFQ, 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 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 pre-award 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 subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items 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 12:30 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 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/). (iii) ASSISTdocs.com (http://assistdocs.com). (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) 697/2197, 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 exceeding $3,500, and offers of $3,500 or less 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 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. Class Deviation 2018-O0018—Micro-Purchase Threshold, Simplified Acquisition Threshold, and Special Emergency Procurement Authority. Effective August 31, 2018. This deviation remains in effect until it is incorporated into the FAR or DFARS, or otherwise rescinded (j) Unique entity identifier. (Applies to all offers exceeding the micro-purchase threshold and offers at any dollar value if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) * * * (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 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 rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether sourceselection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency. (End of Provision) 52.212-2 Evaluation -- Commercial Items. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation -- Commercial Items (Oct 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: The Government intends to award to the quote that presents the best value to the government. Price will be evaluated, along with technical capability and Past Performance Information. The awardee must not have negative or adverse information on FAPIIS or SPRS in the last three years. Technical capability and past performance will be rated as Acceptable or Unacceptable. The Government intends to award to the vendor that meets or exceeds the technical specifications listed and meets the provisions of the solicitation. The Government may award to other than the lowest price quote. The perceived benefits of the higher priced quote may merit the additional cost. Negative or adverse action in FAPIIS or SPRS in the last three years may render your quote unacceptable. Technical and past performance, when combined, are approximately equal in accordance with FAR: 15.304 (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) 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. (End of Provision) 252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites—Representation. Include the following provision in all solicitations, including solicitations for the acquisition of commercial items under FAR part 12, that will use funds made available by the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other Act that extends to fiscal year 2021 funds the same prohibitions as contained in section 8116, division C, title VIII, of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260). PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER NETWORK UNLESS SUCH NETWORK IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITES—REPRESENTATION (DEVIATION 2021- O0003) (APRIL 2021) (a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116260), or any other Act that extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to pornography websites. This prohibition does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities. (b) Representation. By submission of its offer, the Offeror represents that it is not providing as part of its offer a proposal to maintain or establish a computer network unless such network is designed to block access to pornography websites. (End of provision) (End of Solicitation)