Inactive Total Small Business Set-Aside (FAR 19.5)

Additional clarificationes added 13 January 2021. _________________________________________________________________________ Extending the solicitation based on additional questions received. _________... Additional clarificationes added 13 January 2021. _________________________________________________________________________ Extending the solicitation based on additional questions received. _________________________________________________________________________ Additional Clarifications added 6 January 2021. _________________________________________________________________________ Carifications added 4 January 2021. _________________________________________________________________________ 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 and a written solicitation will not be issued. The solicitation number assigned to this action is W912L5-21-Q-0002. This acquisition is utilizing procedures in FAR Part 13, Simplified Acquisition Procedures and is issued as a Request for Quote (RFQ) from the USPFO, New Castle, DE 19720. This solicitation is being set aside for small businesses only. The applicable North American Industry Classification System (NAICS) code is 339920 Sporting and Athletic Goods Manufacturing, with a size standard of 750 employees, PSC code 7810 Athletic and Sporting Equipment. The solicitation document and incorporated clauses and provisions are those in effect through Federal Acquisition Circular (FAC) 2021-02 and DPN 20201130. POC Jacob Lindell, 302-326-7465. Award will be made based on overall best value to the government. The selected vendor shall provide all materials, labor, and technical expertise necessary to complete this award. An offer which requires the Government to execute a separate agreement with a third party shall be deemed technically unacceptable. The Government intends to place a Single, Firm-Fixed Price order without discussions. Therefore, Offerors should submit their best offer up. Do not assume you will be able to revise your offer. Items Required: Line Description Quan. Unit 01 Power Rack: 56L X 46W (IN) 28 EA 02 Bumper plates: 10 pound plates 446mm diameter 28 EA 03 Bumper plates: 15 pound plate 450mm diameter 28 EA 04 Adjustable Bench: 58L X 29W (IN) 18 EA 05 Barbell (female): 25mm diameter 28 EA 06 Barbell (male): 28.5mm diameter 28 EA 07 Collars, Spring: Pairs 54 EA 08 Medicine balls: 10lbs, 14” diameter 28 EA 09 Medicine balls: 14lbs, 14” diameter 28 EA 10 Medicine balls: 20lbs, 14” diameter 28 EA 11 Glute Ham Developer 28 EA 12 Dumbbells: 5lb to 50 lb set 28 EA 13 Plyometric boxes: measure 20”x24”x30” 28 EA 14 Rower 38 EA 15 Ski Ergometer 5 EA 16 Floor Stand, for use with Ski Ergometer 5 EA 17 Bike Ergometer 28 EA 18 Pullup Assistance Band 28 EA 19 Gym Timer 28 EA 20 Floor Stand, Gym Timer 28 EA 21 Portable Pullup Racks 16 EA 22 Kodiak Astro Turf:: 1200 sq feet. 1 EA LINE ITEM SPECIFICS: See attached Salient Characteristics for CLIN information and item specifics. See attachments for required 52.204-24 form required to be submitted with quote. Any quote not received by the required deadline will be dismissed and not considered for award. Vendor must submit quotes in writing before the deadline to Jacob Lindell, at jacob.r.lindell.mil@mail.mil or to beta.sam.gov. SUBMISSION GUIDELINES: Submitted quote must include the following: (1) the solicitation number; (2) the name, address and telephone number of the offeror; (3) the price and discount terms (quote FOB Destination); (4) Acknowledgement of any solicitation amendments; (5) vendors proposal shall include details of services to be provided for each requirement identified with pricing. Proposal shall be submitted under company letterhead, with CAGE code, DUNS number, Tax ID, Company Name, Address and POC included. Vendors shall include a completed 52.204-24 form attached.If quoting an equivalent item, please email the description with specifications of the item you are quoting. The Contracting Officer will evaluate equal products on the basis of information furnished by the quote or identified in the quote and reasonably available to the Contracting Officer. Prior to award, the vendor must be currently registered in the System for Award Management (SAM) at https://www.sam.gov. The Government reserves the right to award on a multiple award or an all or none basis. If you need to obtain or renew a DUNS number or CAGE code, please visit https://www.sam.gov. Lack of current registration in the SAM database will make an offeror ineligible for award. The complete text of the Federal Acquisition Circulars, DFARS Change Notices, and Far DFARS clauses and provisions are available at the following internet site: https://www.acquisition.gov. The following provisions are included by reference for the purposes of this combined synopsis/solicitation: 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation; 52.204-7 System for Award Management; 52.204-16 Commercial and Government Entity Code Reporting; 52.211-6 Brand Name or Equal; 52.212-1 Instructions to Offerors -Commercial Items; 252.203-7005 Representation Relating to Compensation of Former DoD Officials; 252.204-7011 Alternative Line Item Structure; 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations; 252.215-7007 Notice of Intent to Resolicit; 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors; 252.225-7031 Secondary Arab Boycott of Israel; The following provisions are included by full text for the purposes of this combined synopsis/solicitation: 52.204-22 Alternative Line Item Proposal; As prescribed in 4.1008, insert the following provision: Alternative Line Item Proposal (Jan 2017) (a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror. (b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable. (End of provision) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. As prescribed in 4.2105(a), insert the following provision: Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. (a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”. (d) Representation. The Offeror represents that— (1) It ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and (2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It ? does, ? does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section. (e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision. (2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer: (i) For covered equipment— (A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known); (B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (ii) For covered services— (A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision. (End of provision) 52.204-26 Covered Telecommunications Equipment or Services-Representation; As prescribed in 4.2105(c), insert the following provision: Covered Telecommunications Equipment or Services-Representation (Oct 2020) (a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services". (c) (1) Representation. The Offeror represents that it ? does, ? does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it ? does, ? does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services. (End of provision) 52.209-1 Qualification Requirements; As prescribed in 9.206-2 , insert the following clause: Qualification Requirements (Feb 1995) (a) Definition. "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award. (b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification. (Name) ___________________________________________ (Address) _________________________________________ (c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided. Offeror’s Name _____________________________________ Manufacturer’s Name______ __________________________ Source’s Name _____________________________________ Item Name ________________________________________ Service Identification ________________________________ Test Number _______________________________________ (to the extent known) (d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government’s best interests. (e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government’s interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification. (f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award. (End of provision) 52.212-3 Alt 1 Offerors Representations and Certifications- Commercial Items; Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.) [The offeror shall check the category in which its ownership falls]: ____ Black American. ___ Hispanic American. ___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ___ Individual/concern, other than one of the preceding. (End Provision) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation; As prescribed in 23.804(b), insert the following provision: Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation (Dec 2016) (a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (b) Representation. [Offeror is to check applicable blocks in paragraphs (1) and (2).] (1) The Offeror (itself or through its immediate owner or highest-level owner) ? does, ? does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (2) The Offeror (itself or through its immediate owner or highest-level owner) ? does, ? does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (3) A publicly accessible website includes the Offeror’s own website or a recognized, third-party greenhouse gas emissions reporting program. (c) If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:________________. (End of provision) 252.225-7974 Representation Regarding Business Operations with the Maduro Regime. (Deviation 2020-O0005) Use the following provision in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, unless the solicitation is— (a) Jointly determined by the Secretary of Defense and the Secretary of State to be— (1) Necessary for purposes of— (i) Providing humanitarian assistance to the people of Venezuela; (ii) Disaster relief and other urgent lifesaving measures; or (iii) Carrying out noncombatant evacuations; or (2) Vital to the national security interests of the United States; or (b) Related to the operation and maintenance of the United States Government’s consular offices and diplomatic posts in Venezuela. REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (DEVIATION 2020-O0005) (FEB 2020) (a) Definitions. As used in this provision— “Agency or instrumentality of the government of Venezuela” means an agency or instrumentality of a foreign state as defined in section 28 U.S.C. 1603(b), with each reference in such section to “a foreign state” deemed to be a reference to “Venezuela.” “Business operations” means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. “Government of Venezuela” means the government of any political subdivision of Venezuela, and any agency or instrumentality of the government of Venezuela. “Person” means— (1) A natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3)); and (3) Any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in paragraphs (1) or (2) of this definition. (b) Prohibition. In accordance with section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), contracting officers are prohibited from entering into a contract for the procurement of products or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government, unless the person has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury. (c) Representation. By submission of its offer, the Offeror represents that the Offeror— (1) Does not have any business operations with an authority of the Maduro regime or the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government; or (2) Has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury. (End of provision) The following clauses are included for the purposes of this combined synopsis/solicitation and most current versions will be incorporated into any resulting order: 52.204-1 Approval of Contract; 52.204-18 Commercial and Government Entity Code Maintenance; 52.212-4 Contract Terms and Conditions Commercial Items; 52.219-6 Notice of Total Small Business Set-Aside; 52.219-14 Limitations on Subcontracting; 52.222-19 Child Labor—Cooperation with Authorities and Remedies; 52.232-40 Providing Accelerated Payments to Small Business Subcontractors; 252.203-7000 Requirements relating to Compensation of Former DoD Officials; 252.203-7002 Requirement to Inform Employees of Whistleblower Rights; 252.204-7003 Control of Government Personnel Work Product; 252.204-7006 Billing Instructions; 252.204-7015 Disclosure of Information to Litigation Support Contractors; 252.209-7004 Sub-contracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism; 252.211-7003 Item Unique Identification and Valuation; 252.223-7008 Prohibition of Hexavalent Chromium; 252.225-7001 Buy American and Balance of Payments Program; 252.225-7002 Qualifying Country Sources as Subcontractors; 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings; 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; 252.232-7017 Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration; 252.243-7001 Pricing of Contract Modifications; 252.244-7000 Subcontracts for Commercial Items; 252.247-7023 Transportation of Supplies by Sea;