SOLICITATION NOTICE
D -- Radiant System Aloha Upgrade
- Notice Date
- 9/9/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541519
— Other Computer Related Services
- Contracting Office
- Department of the Air Force, Air Education and Training Command, Randolph AFB - 12th Contracting Office, 395 B Street West Suite 2, Randolph AFB, Texas, 78150-4525
- ZIP Code
- 78150-4525
- Solicitation Number
- F3PT549190A001
- Archive Date
- 9/27/2009
- Point of Contact
- John P. Werch, Phone: 210-652-9109, Nicholas Borowski, Phone: 210-652-8963
- E-Mail Address
-
john.werch@randolph.af.mil, nicholas.borowski@randolph.af.mil
(john.werch@randolph.af.mil, nicholas.borowski@randolph.af.mil)
- Small Business Set-Aside
- N/A
- Description
- The 12th Contracting Squadron at Randolph AFB intends to award a contract on a Sole-Source basis to purchase the items as listed in the Description of Supplies. This is a streamlined combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only notice. A written solicitation will not be issued. This requirement is issued as a Request for Quote. The clauses and incorporated provisions of this solicitation are those in effect through Federal Acquisition Circulars as of this posting. The NAICS Code is 541519; size standard $25.0M DESCRIPTION OF SUPPLIES/SERVICES: CLIN: 0001 – SUPPLIES/SERVICES Federal Vista Aloha Upgrade Quantity: 1 EA JUSTIFICATION: The Air Force Services Agency (AFSVA) has a requirement to upgrade its Radiant Systems software known as Aloha. The Radiant Systems software is proprietary software which is not provided to other companies and the Air Force does not have the written source code to provide to any other commercial company. Additionally, the Radiant Systems product is the only current approved platform for all Air Force Appropriated Fund (APF) and Non-Appropriated Fund (NAF) dining facilities. CONTRACT TERMS AND CONDITIONS: 52.204-7 – Central Contractor Registration APR 2008 52.212-4 - Contract Terms and Conditions—Commercial items MAR 2009 52.212-4 – Contract Terms and Conditions – Commercial Items Addendum MAR 2009. Paragraph (c) of this clause is tailored as follows: (c) Changes. Changes in terms and conditions of this contract may only be made by written agreement of the parties, with the exception of: (1) Administrative changes such as paying office, appropriation data, etc., which may be changed unilaterally by the Government. Paragraph (n) of this clause is tailored as follows: (n) Title. Unless specified elsewhere in this contract, title to items furnished by this contract shall pass to the government upon acceptance, regardless of when or where the government takes physical possession. Title of commercially-available-off-the-shelf (COTS) software is exempt from this paragraph. The terms and conditions of the software licensing agreement shall prevail in lieu thereof. 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders –Commercial Items (Deviation) (AUG 2009). (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 clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause. (i) 52.219-8, Utilization of Small Business Concerns (May 2004)(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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). (iii) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). (iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements ``(Nov 2007)'' (41 U.S.C. 351, et seq.) (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements ``(Nov 2007)'' (41 U.S.C. 351, et seq.) (x) 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. 52.219-28 – Post Award Small Business Program Rerepresentation APR 2009 52.222-3 – Convict Labor JUN 2003 52.222-19 – Child Labor – Cooperation with Authorities and Remedies AUG 2009 52.222-21 – Prohibition Of Segregated Facilities FEB 1999 52.225-3 – Buy American Act – Free Trade Agreement – Israeli Trade Act FEB 2009 52.225-3 – Buy American Act – Free Trade Agreement – Israeli Trade Act (JUN 2004) Alternate I JAN 2004 52.225-13 – Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 – Payment by Electronic Funds Transfer – Central Contractor Registration OCT 2003 52.233-3 – Protest After Award AUG 1996 52.233-4 – Applicable Law for Breach of Contract Claim OCT 2004 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): http://farsite.hill.af.mil. 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): http://farsite.hill.af.mil. 52.252-6 – Authorized Deviations in Clauses (a) (APR 1984). 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 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Deviation) (AUG 2009) (48 CFR 2001-O0002/204-o0002) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation. 252.204-7004 Alt A– Central Contractor Registration (52.204-7) – Alternate A SEP 2007 252.225-7001 – Buy American Act And Balance Of Payments Program JAN 2009 252.225-7002 – Qualifying Country Sources As Subcontractors APR 2003 252.225-7031 – Secondary Act Boycott Of Israel JUN 2005 252.227-7015 – Technical Data--Commercial Items. 252.227-7037 – Validation of Restrictive Markings on Technical Data. 252.232-7003 – Electronic Submission of Payment Requests and Receiving Reports MAR 2008 252.232-7010 – Levis on Contract Payments DEC 2006 252.243-7001 – Pricing Contract Modifications DEC 1991 252.247-7023 – Transportation of Supplies by Sea – Alternate III MAY 2002 252.212-7000 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS. (JUN 2005) (a) Definitions. As used in this clause- (1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415). (2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. (3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it - (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking. (c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (2) Representation. The Offeror represents that it- ___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. (End of provision) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUL 2009) (DEVIATION) (a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (Apr 2009) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.237-7019Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). 252.247-7003Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417) 252.247-7023Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) 252.247-7024Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631) 5352.201-9101 – Ombudsman (FEB 2005) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the AETC ombudsmen, Chief, Business Operations Branch, HQ AETC/A7KB, 2035 First Street West, Randolph AFB, TX 78154-4304, 210-652-5815: facsimile 210-652-8348 lupe.beckett@randolph.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. WAWF: INVOICING INSTRUCTIONS AND PAYMENTS FOR SUPPLIES/SERVICES “INVOICING NOTICE: All invoices must match the CLIN structure on the contract. Failure to have the invoice match the contract may result in a delay in payment and/or rejection of invoice.” Invoices for supplies/services rendered under this contract shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF). The vendor shall self-register at the web site https://wawf.eb.mil. Once registration has been completed, the vendor must notify the appropriate buyer or contracting officer that they’re ready to start using WAWF. Vendor training is available on the internet at http://wawftraining.com. For more information, call 1-866-618-5988. Select the Create Invoice And Receiving Report COMBO within WAWF as the invoice type (destination/destination). The Invoice and Receiving Report COMBO option prepares the Material Inspection and Receiving Report, DD Form 250, and the Invoice at the same time. YOU ARE NOT AUTHORIZED TO USE THE 2N1 OPTION. THE USE OF 2N1 OPTION WILL DELAY PAYMENT. If customer requests copy of invoice, this can be accomplished via E-Mail direct to customer or by attachment to COMBO. Back up documentation (such as delivery receipts, etc.) can be included and attached to the COMBO option invoice in WAWF. Any Microsoft Office product may be attached. The following information is provided for completion of the invoice on WAWF: DD1155 Issuing Office DODAAC: FA3089 Admin DODAAC: FA3089 Ship to DODAAC: See Block 14. When Block 14 indicates “See Schedule” use the first six digits of the CIN number listed on the CLIN. Pay DODAAC: See Block 15 SF 1449 Issuing Office DODAAC: FA3089 Admin DODAAC: FA3089 Ship to DODAAC: See Block 15. When Block 15 indicates “See Schedule” use the first six digits of the CIN number listed on the CLIN. Pay DODAAC: See Block 18a SF 33Issuing Office DODAAC: FA3089 Admin DODAAC: FA3089 Ship to DODAAC: See Block 8 Pay DODAAC: See Block 25 SF 26Issuing Office DODAAC: FA3089 Admin DODAAC: FA3089 Ship to DODAAC: See Block 11 Pay DODAAC: See Block 12 NOTE: The following list of products, if applicable to this order, must comply with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C.794d). 1. Software applications and operating systems 2. Web-Based internet and internet information and applications 3. Telecommunications products 4. Video and multimedia products 5. Self contained, closed products 6. Desktop and portable computers Further information and guidance can be found at <http://www.section508.gov/> Interested parties capable of providing the above must submit a written quote to include discount terms, Tax Identification Number, Cage Code, and DUNS number. To be eligible to receive an award resulting from this combined synopsis/solicitation, contractors must be registered in the DoD Central Contractor Registration (CCR) database, no exceptions. To register, please visit http://www.ccr.gov or by calling 1-888-227-2423. Offerors are reminded that Representations and Certifications are to be maintained at the following website: http://orca.bpn.gov/publicsearch.aspx In the event Representations and Certifications are not on file, offerors must include a completed copy of the provisions at FAR 52.212-3, Offeror Representations and Certifications Commercial Items that can be obtained at http://farsite.hill.af.mil FAR Part 52 or online at http://o rca.bpn.gov. All product items sold to the Government should be properly marked with manufacturer's name and part number (Commodities Only). Responses to this notice shall be provided in writing via e-mail to: John Paul Werch, at john.werch@randolph.af.mil and copied to 1st LT Nicholas M. Borowski at nicholas.borowski@randolph.af.mil. All responses shall be received NLT 9:00 AM CST on 14 Sep 09. Email is the preferred method. Point of Contact: John Paul Werch, Contract Specialist, Phone 210-652-9109, Fax 210-652-2759; 1st LT Nicholas M. Borowski, Contracting Officer, Phone 210-652-8963, Fax 210-652-2759.
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