Inactive Total Small Business Set-Aside (FAR 19.5)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional informati... This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ), solicitation number W912SV19Q5009, in accordance with FAR Parts 12 and 13, and is in accordance with provisions and clauses effective in Federal Acquisition Circular 2019-05 effective 12 Jul 2019 and DFARS Publication Notice 20190809 effective 09 Aug 2018. The North American Industry Classification System (NAICS) number is 332996 and the small business size standard is 500 employees. The proposed acquisition is a 100% set-aside for Small Business. Tube Bender (CLINs): CLIN 0001 - Tube Bender - 1 each Provide a CNC Tube Bender Eaton Leonard Model VB42 brand name or equal. Reference attached Salient Characteristics dated 7 September 2019 for specific requirements on the tube bender. Tube Bender shall include the machine and all required accessories, freight, installation, standard warranty, and a one-day training session. Ensure your quote provides all aspects of FAR 52.212-1, Instructions to Offerors Requested delivery period is within 90 days ADC FOB Destination Delivery address is: 104th Fighter Wing, 175 Falcon Drive, Westfield, MA, 01085 Quotes shall be valid through 30 September 2019. ADDITIONAL INFORMATION: (1) In accordance with FAR 52.212-1(k), prospective awardees shall have an active Cage Code prior to award of a government contract. In accordance with FAR 52.212-3, prospective awardees shall have completed the Online Representations and Certifications. To register for a Cage Code and to complete Online Representations and Certifications, go to the System for Award Management (SAM) at https://www.sam.gov/portal/public/SAM/. (2) All vendors interested and capable of obtaining contract award must register with the Wide Area Work Flow (WAWF) located at https://wawf.eb.mil/. Vendors are required to create and submit invoices electronically through WAWF and receive payment via electronic funds transfer (EFT) for supplies or services rendered. To be eligible to receive an award resulting from this solicitation, contractors must be registered in the DoD System for Award Management (SAM) located at the following website: https://www.sam.gov/. QUOTES. Quotes must include all requirements of FAR 52.212-1, Instructions to Offerors - Commercial Items found in this announce below, and must be submitted via email no later than (NLT) the date and time specified to usaf.ma.104-fw.list.fal-msc-contracting@mail.mil. It is the best interest of the offeror to ensure the quote submitted is received by the Contracting Office and is submitted no later than the response date and time specified. Any and all questions concerning this requirement must be submitted in writing to usaf.ma.104-fw.list.fal-msc-contracting@mail.mil, ensure to include solicitation number in the subject line. Quotes may be submitted electronically to usaf.ma.104-fw.list.fal-msc-contracting@mail.mil and are due by 20 September 2019, 1400L (2:00PM) EDT. Offers received after this date and time will be considered as late submissions in accordance with FAR 52.212-1(f) and will not be evaluated or considered. A. Offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors Commercial Items. B. Offerors shall remit a completed copy of the REPRESENTATIONS AND CERTIFICATIONS IAW FAR 52.212-3, following the instructions as provided in the clause. C. Offerors must comply with all instruction contained in FAR 52.212-2, Evaluation of Commercial Items (Oct 2014) D. By offer submission in response to this synopsis the offeror agrees to comply with all terms and conditions IAW FAR 52.212-4 - Contract Terms and Conditions - Commercial Items. E. The following PROVISIONS/CLAUSES to be incorporated into this RFQ and subsequent order as applicable: CLAUSES INCORPORATED BY REFERENCE (Full text can be accessed at: http://farsite.hill.af.mil) FAR 52.203-19 -- Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) FAR 52.204-7 -- System for Award Management (Oct 2018) FAR 52.204-10 -- Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) FAR 52.204-13 -- System for Award Management Maintenance (Oct 2018) FAR 52.204-16 -- Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.204-18 -- Commercial and Government Entity Code Maintenance (Jul 2016) FAR 52.204-19 -- Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.204-20 -- Predecessor of Offeror (July 2016) FAR 52.204-22 -- Alternative Line Item Proposal (Jan 2017) FAR 52.209-2 -- Prohibition on Contracting With Inverted Domestic Corporations--Representation (Nov 2015) FAR 52.209-6 -- Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) FAR 52.209-10 -- Prohibition on Contracting With Inverted Domestic Corporations (Nov 2015) FAR 52.211-6 -- Brand Name or Equal (Aug 1999) FAR 52.212-1 -- Instructions to Offerors -- Commercial Items (Oct 2018) FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018) FAR 53.219-6 -- Notice of Total Small Business Set-Aside (Nov 2011) FAR 52.219-28 -- Post-Award Small Business Program Representation (Jul 2013) FAR 52.222-3 -- Convict Labor (Jun 2003) FAR 52.222-19 -- Child Labor-Cooperation With Authorities and Remedies (Jan 2018) FAR 52.222-21 -- Prohibition of Segregated Facilities (Apr 2015) FAR 52.222-26 -- Equal Opportunity (Sep 2016) FAR 52.222-50 -- Combating Trafficking in Persons (Jan 2019) FAR 52.223-18 - Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) FAR 52.225-13 -- Restrictions on Certain Foreign Purchases (Jun 2008) FAR 52.225-18 -- Place of Manufacture (Aug 2018) FAR 52.232-33 -- Payment by Electronic Funds Transfer-- System for Award Management (Oct 2018) FAR 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.233-1 -- Disputes (May 2014) FAR 52.233-3 -- Protest after Award (Aug 1996) FAR 52.233-4 -- Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.243-1 -- Changes -- Fixed Price (Aug 1987) FAR 52.246-17 -- Warranty of Supplies of a Noncomplex Nature (June 2003) FAR 52.247-34 -- F.O.B. Destination (Nov 1991) FAR 52.253-1 -- Computer Generated Forms (Jan 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) DFARS 252-203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) DFARS 252.203-7005 -- Requirements Relating to Compensation of Former DoD Officials (Nov 2011) DFARS 252.204-7008 -- Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) DFARS 252.204-7015 -- Notice of Authorized Disclosure of Information for Litigation Support (May 2016) DFARS 252.211-7003 - Item Unique Identification and Valuation (Mar 2016) DFARS 252.211-7008 -- Use Of Government-Assigned Serial Numbers (Sep 2010) DFARS 252.223-7008 -- Prohibition of Hexavalent Chromium (Jun 2013) DFARS 252.225-7000 -- Buy American-Balance of Payments Program Certificate-Basic (Nov 2014) DFARS 252.225-7001 -- Buy American and Balance of Payments Program-Basic (Dec 2017) DFARS 252.225-7002 -- Qualifying Country Sources As Subcontractors (Dec 2017) DFARS 252.225-7035 -- Buy American-Free Trade Agreements-Balance Of Payments Program Certificate-Basic (Nov 2014) DFARS 252.225-7036 -- Buy American-Free Trade Agreements-Balance of Payments Program-Alternate I (Dec 2017) DFARS 252.225-7048 -- Export-Controlled Items (Jun 2013) DFARS 252.232-7003 -- Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) DFARS 252.232-7010 -- Levies on Contract Payments (Dec 2006) DFARS 252.244-7000 -- Subcontracts for Commercial Items (Jun 2013) DFARS 252.247-7023 -- Transportation of Supplies by Sea-Basic (Feb 2019) CLAUSES INCORPORATED BY FULL TEXT FAR 52.212-1, Instructions to Offerors - Commercial Items (Oct 2018). Addendum to 52.212-1, Instructions to Offerors - Commercial Items (Oct 2018) Addendum to FAR 52.212-1(b), Submission of offers. Offeror shall submit an electronic copy of their dated quote via e-mail to: usaf.ma.104-fw.list.fal-msc-contracting@mail.mil with the solicitation number (W912SV19Q5017) in the subject block, by the date and time listed. Facsimile offers will not be accepted. In addition to the items required by 52.212-1(b), the offeror shall complete and provide the following with their submission: (1) Price: Price Schedule (2) Technical Approach: Narrative (End of Provision) FAR 52.212-2, Evaluation of 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, in no specific order, shall be used to evaluate offers: (i) Price: Completed Price Schedule to include pricing for each Line Item. (ii) Technical Approach: Provide a narrative detailing the product information illustrating how it meets the salient characteristics as outlined in CLIN 0001 and the document title Salient Characteristics dated 7 Sep 19. This narrative shall be limited to 3 pages. Technical has less relative importance when compared to price. (End of provision) 52.219-28 - Post-Award Small Business Program Representation (Jul 2013) (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards . (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 326150 assigned to contract number TBD. ____________________________________________ ______________ Name, Title, Signature Date (End of clause) FAR 52.212-5 -- Contract Terms And Conditions Required To Implement Statutes Or Executive Orders-Commercial Items (Deviation 2018-O0021) (Sep 2018) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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. (v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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). (xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 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). (xxi) 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. (xxii) 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. (End of clause) FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. (End of Clause) FAR 52.252-2 -- Clauses Incorporated by Reference (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 address: http://farsite.hill.af.mil/ (End of Clause) 52.252-5 -- Authorized Deviations in Provisions (Apr 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Provision) 52.252-6 -- Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of Clause) DFARS 252.232-7006 -- Wide Area Workflow Payment Instructions (Dec 2018) (a) Definitions. As used in this clause- "Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization. "Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). "Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system. "Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order: (1) Document type. The Contractor shall submit payment requests using the following document type(s): (i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher. (ii) For fixed price line items- (A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. (B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. Invoice + Receiving Report (COMBO) (iii) For customary progress payments based on costs incurred, submit a progress payment request. (iv) For performance based payments, submit a performance based payment request. (v) For commercial item financing, submit a commercial item financing request. (2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.] (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Data to be entered in WAWF Pay Official DoDAAC: F87700 Issue By DoDAAC: W912SV Admin DoDAAC: W912SV Ship To Code: FA6201 Extension F6C200 (4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. (5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. Not applicable (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. (End of clause) F. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. If an offer cannot comply with every requirement, that offer will not be technically acceptable, and therefore will not be considered. Once an offer has been determined to be technically acceptable, and in compliance with all directions in this solicitation, the Government will award to the offeror with the lowest evaluated price.