Inactive Total Small Business Set-Aside (FAR 19.5)

Vendors shall be registered (in an active status) in the System for Award Management (SAM) for “All Awards” at the time a quotation is submitted. Quotes from vendors not in compliance will not be cons... Vendors shall be registered (in an active status) in the System for Award Management (SAM) for “All Awards” at the time a quotation is submitted. Quotes from vendors not in compliance will not be considered. Vendors shall identify their DUNS number in their quotation. (i) 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; quotations are being requested and a written solicitation will not be issued. (ii) The solicitation number is 70T05020Q9NPFO002 and is issued as a request for quotations (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-03. (iv) This acquisition is set-aside for small business concerns. The associated NAICS code is 314999 with a small business size standard of 500 employees. (v) The solicitation consists of the following line item: CLIN 000001 - 11” x 16” Ballistic Panel, Qty: 1,050, Unit of Issue: Each (vi) See specification attachment for full description of requirements for the item to be acquired. This document contains technical requirements that products must adhere to as well as documentation requirements that shall be submitted with quotations. (vii) Items are to be delivered FOB Destination to Egg Harbor Township, NJ 08234 within 30 days after receipt of order. (viii) The provision at 52.212-1, Instructions to Offerors-Commercial applies to this acquisition. There are no addenda to the provision. (ix) The provision at 52.212-2, Evaluation-Commercial Items does not apply to this acquisition. The following evaluation procedures will be utilized: Award will be made using the lowest price technically acceptable (LPTA) selection process. Award may be made on initial quotations. Therefore, each initial quote should contain the quoter's best terms from a technical and price standpoint. However, the Government reserves the right to contact quoters if it is later determined by the contracting officer to be necessary or in the government's best interests. The LPTA process will proceed as follows: 1) Quotes may be removed from consideration for, but not limited to, the following reasons: • Quotes that are not received timely • Quotes that fail to follow the instructions in FAR Provision 52.212-1 • Quotes that fail to submit ALL required documentation/provisions • Quotes that have language inconsistent with the terms and conditions set forth in the solicitation 2) Quotes will be ordered by price from lowest to highest. 3) The Government will then review Factor 1 of the lowest priced quote. If the review finds that Factor 1 of the lowest priced quote is acceptable, the Government will then evaluate Factor 2 of the lowest priced quote. If the review finds that Factor 2 of the lowest priced quote is acceptable, that quote represents the best value to the Government and the technical evaluation process stops at this point. Contingent upon a subsequent determination of price reasonableness and of contractor responsibility by the Contracting Officer, an award will be made to that quoter without further consideration of any other quoters. If the lowest quote is determined not to be acceptable for any reason, then the next lowest priced quote will receive an evaluation as described above. The process will continue in order by price until a quote from a responsible contractor is determined to be acceptable and priced fairly and reasonably. 4) USING THIS PROCEDURE, THE GOVERNMENT MAY NOT EVALUATE ALL QUOTES. (e) Each Factor will be evaluated as follows: Factor 1. Technical Acceptability Technical Acceptability will be rated on an "acceptable" or "unacceptable" basis as follows: Acceptable - The quoted product meets all technical criterion stated in the specifications (including submission of technical documentation identified therein). Unacceptable - The quoted range does not meet all technical criterion stated in the specifications and/or does not include the required technical documentation. Factor 2. Past Performance Past performance will be rated on an "acceptable" or "unacceptable" basis as follows: Acceptable - Based on the quoter's performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter's performance record is unknown. (See note below.) Unacceptable - Based on the quoter's performance record, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort Note: In the case of a quoter without a record of relevant past performance, or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable." Note: Quoters are not required or requested to submit past performance references. The Government will use public and Government-restricted sources (e.g. CPARS) to evaluate past performance. Factor 3. Price Price will not be rated. Price analysis will be conducted to determine reasonableness. (x) Quoters shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items with its quote if that provision is not included in their SAM profile. Quoters with a completed FAR 52.212-3 provision in SAM that submit a quotation are inferred to have no changes to the provision as completed in SAM unless changes are specifically identified in the quotation pursuant to FAR 52.212-3(b). (xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items applies to this acquisition. There are no addenda to the clause. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items applies to this acquisition. The additional FAR clauses cited below are applicable to the acquisition: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2018 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment OCT 2015 52.219-6 Notice of Total Small Business Set-Aside NOV 2011 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUNE 2003 52.222-19 Child Labor—Cooperation with Authorities and Remedies OCT 2019 52.222-21 Prohibition of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons JAN 2019 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011 52.225-1 Buy American Act--Supplies MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer—System for Award Management OCT 2018 (xiii) The following additional contract requirements or terms and conditions are applicable to this acquisition: 52.225-2 Buy American Act Certificate MAY 2014 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): Acquisition.gov/far (End of provision) 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/these address(es): Acquisition.gov/far (End of clause) G.5200.242.003 SUBMISSION OF INVOICES (JUL 2015) Background: The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen). A. Invoice Submission Method: Invoices may be submitted via facsimile, U.S. Mail, or email. Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference: 1. Facsimile number is: 757-413-7314 The facsimile number listed above shall be used by contractors for ORIGINAL invoice submission only. If facsimile submission is utilized, contractors shall not submit hard copies of invoices via the U.S. mail. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (d) of this term. 2. Address to mail invoices: United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111 3. Email Address: FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil B. Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer’s Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the invoices back to FinCen. Upon receipt of certified invoices from an Authorized Certifying Official, FinCen will initiate payment of the invoices. C. Discounts on invoices. If desired, the Contractor should offer discounts directly upon the invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted amounts for payment for any time period less than the usual thirty day payment period specified under Prompt Payment requirements; however, the Contractor should not structure terms for payment of net amounts invoiced any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract. Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract. D. Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means: 1. Via the internet: https://www.fincen.uscg.mil Contacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or (757) 523-6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week. 2. Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm E. Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract. F. Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer’s Representative. Note for “time-and-material” type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a “time-and-materials” type contract, order, or contract line item: “The Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract’s specified requirements for the labor category invoiced.” G. Additional Invoice Preparation Instructions for Software Development and/or Hardware. The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc.) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.) H. Frequency of Invoice Submission. Submit invoice after shipment of items. (End of term) G. 5200.243.001 CONTRACTING OFFICER (CO) (JUL 2015) The Contracting Officer is the only person authorized to make any changes, approve any changes in the requirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, and notwithstanding any term contained elsewhere in this contract, such authority remains vested solely in the Contracting Officer. (For further information, the Contracting Officer is a federal government employee who is specifically authorized and appointed in writing under specified agency procedures and granted the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.) In the event, the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The following Primary Contracting Officer is assigned to this contract. Alternate Contracting Officers may be assigned: TSA Contracting Officer: NAME: Kevin Newton PHONE NUMBER: 202.631.3110 EMAIL: kevin.newton@tsa.dhs.gov (End of term) L. 5200.225.001 NOTICE TO OFFERORS/CONTRACTORS CONCERNING TRADE AGREEMENTS TERMS APPLICABILITY TO THE TRANSPORTATION SECURITY ADMINISTRATION (SEPTEMBER 2018) A. With respect to the following Federal Acquisition Regulation (FAR) provisions and clauses listed directly below (which the Contracting Officer has included herein as applicable): FAR 52.225-1 “Buy American Act—Supplies,” FAR 52.225-2 “Buy American Act-Certificate,” Offerors are hereby notified that the TSA is subject to the World Trade Organization Government Procurement Agreement and the countries it includes as presently defined in FAR 25.003. Otherwise, the only other trade agreements that presently cover the TSA are the North American Free Trade Agreement and the U.S.-Chile Free Trade Agreement. Offerors must analyze their intended offerings proposals and provide information in response to the required FAR 52.225- series provisions accordingly. The European Union participation is as defined at http://www.wto.org/english/thewto_e/countries_e/european_communities_e.htm B. In applying the Buy American Act, the Transportation Security Administration advises offerors that, as it affects Federal Acquisition Regulation (FAR) Sub-part 25.4 “Trade Agreements” requirements and the associated contract clauses and provisions at: FAR 52.225-1 “Buy American Act—Supplies,” FAR 52.225-2 “Buy American Act-Certificate,” Only domestic products or products from Canada, Mexico, and/or Chile which can be treated as a “eligible product” as defined in FAR 25.003 due to the sole applicability, respectively, of the North American Free Trade Agreement and the U.S.-Chile Free Trade Agreement are acceptable for offer under a solicitation or delivery under a contract that specifies the delivery of products in the Federal Supply Class (FSC) code 8300 series “Textiles, Leathers, Furs, Apparel and Shoes, Tents and Flags” and the FSC 8400 series “Clothing and Individual Equipment.” (End of term) L. 5200.233.001 AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103 (JUL 2018) In the event of receipt of the Contracting Officer’s final decision of an agency-level protest in accordance with Federal Acquisition Regulation 33.103, the offeror is hereby advised that an appeal process is available from within the agency. The Assistant Administrator of the Contracting and Procurement in the Transportation Security Administration is the independent appeal authority. All appeals must be submitted in writing and signed by a company official who is authorized to commit the company and contain the same elements required in FAR 33.103(d) as well as an explanation of the Contracting Officer’s decision (and copy of such decision). Appeals must be sent either in writing or via email to Transportation Security Administration, ATTN: APPEAL OF AGENCY PROTEST, Contracting and Procurement, 601 S. 12th Street, Arlington, VA 20598-6025 , or via email to TSAProcurementPolicy@tsa.dhs.gov. The subject line for the email should clearly indicate “APPEAL OF AGENCY PROTEST”. (End of term) (xiv) The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition. (xv) The date and time quotes are due is as specified in this announcement. Quotes shall be submitted electronically to kevin.newton@tsa.dhs.gov. (xvi) For information regarding the solicitation contact kevin.newton@tsa.dhs.gov or at (202)631-3110.