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 Subpart 12.6 as supplemented with additional information included in this notice. This announcem... 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 is issued as a Request for Quotation (RFQ) number 70LGLY19QGLB00045. This solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Number 2019-01 dated December 20, 2018. This action is issued as Small Business Set Aside, NAICS Code 332992, and small business size standard of 1,250 employees. SCHEDULE OF PRICES: CLIN* 0001 .38 SPL Caliber empty brass case with a lead-free primer 5,000 EACH $ CLIN 0002 Shipping. Provide total shipping and include estimated delivery from date of award anticipated to be on or about May 20, 2019. 1 LOT $ TOTAL OFFER PRICE $ *CLIN denotes: Contract Line Item Number In response to this combined notice, vendors will be required to submit the following information on company letterhead or business stationary directly to the Contracting Officer by the date and time established for receipt of bid: 1. The RFQ Number 70LGLY19QGLB00045 2. Schedule of Pricing broken out in accordance with Schedule of Prices listed above 3. Brochure/picture/description of product being quoted if other than product requested 4. Signed certification to Homeland Security Acquisition Regulation (HSAR) 3052-209-70, Prohibition on Contracts with Corporate Expatriates (Jun 2006) in full text below as Applicable Clause #8. 5. Contractor Dunn & Bradstreet Number and Tax Identification Number 6. Completed Representations and Certifications 52.212-3, see Applicable Clause #3 7. Evidence of active registration in System for Award Management (SAM) [www.sam.gov] APPLICABLE CLAUSES: #1. The provision at 52.212-1, Instructions to Offerors-Commercial (Oct 2018) applies to this acquisition. Descriptive literature is required in accordance with paragraph (d) of this clause. A single award will be made. #2. The provision at 52.212-2, Evaluation - Commercial Items (Oct 2014) applies to this acquisition. Evaluation factors: The Government intends to make a single award on an all-or-none basis. Quotations will be evaluated and award will be based on the price, product offered, delivery schedule and overall best value to the Government. Ensure descriptive literature is provided with quote. The Government will make award to the responsible bidder whose bid conforms to this solicitation and is most advantageous. The proposed price must include all associated charges, fees and delivery cost (F.O.B. Destination). #3. The clause at 52.212-3, Offeror Representations and Certifications (Oct 2018) applies to this acquisition. As stated above, the contractor is required to include a completed copy of this provision with its bid. Ensure paragraph (f) of this clause, Buy American Certificate, is completed. Place of manufacture must be included. #4. The clause at 52.212-4, Contract Terms and Conditions - Commercial Items (Oct 2018) applies to this acquisition. There are no addenda to this clause. #5. The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2019) applies to this acquisition. The following FAR clauses cited in this clause are applicable to this acquisition: (i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (ii) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) (iii) 52.233-3, Protest After Award (Aug 1996) (iv) 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)) (v) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (vi) 52,219-28, Post Award Small Business Program Representation (JUL 2013) (vii) 52.222-3, Convict Labor (Jun 2003) (viii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015 (ix) 52.222-26, Equal Opportunity (Sep 2016) (x) 52.222-50, Combating Trafficking in Persons (Mar 2015) (xi) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (xii) 52.225-1, Buy American-Supplies (May 2014) (xiii) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (xiv) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) #6. The clause at 52.204-7, System for Award Management (Oct 2018) is applicable to this acquisition. #7. The clause at 52.204-13, System for Award Management Maintenance (Oct 2018) is applicable to this acquisition. #8. The Homeland Security Acquisition Regulation (HSAR) clause at 3052-209-70, Prohibition on Contracts with Corporate Expatriates (Jun 2006) is applicable to this acquisition and provided in full text: PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (Jun 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of clause) SIGNATURE OF AUTHORIZED REPRESENTATIVE #9. The HSAR clause at 3052.212-70, Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sep 2012) is applicable to this acquisition. The following additional HSAR clauses cited in this clause are applicable to this acquisition: (i) 352.247-72, F.O.B Destination Only (Dec 2003) Vendors interested must be registered in the System for Award Management at www.sam.gov. SUBMIT QUOTE ELECTRONICALLY NOT LATER THAN MAY 14; 2:30 P.M. TO Sheryle.wood@fletc.dhs.gov. Ensure submission is received prior to closing date and time established for receipt of quotes. Delivery is F.O.B Destination. Any quote submitted on a basis other than F.O.B Destination will be rejected as nonresponsive. FOB Destination address is as follows: FEDERAL LAW ENFORCEMENT TRAINING CENTERS (FLETC) 2400 GLYNCO PARKWAY GLYNCO, GA 31524