Loren Data's SAM Daily™

FBO DAILY ISSUE OF SEPTEMBER 07, 2012 FBO #3940
SOLICITATION NOTICE

65 -- Blanket Purchase Agreement-Osiris Cellular Ovation Products

Notice Date

9/5/2012
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541711 — Research and Development in Biotechnology
 

Contracting Office

Medcom Contracting Center North Atlantic, ATTN: MCAA NA Bldg T20, 6900 Georgia Avenue NW, Washington, DC 20307-5000
 

ZIP Code

20307-5000
 

Solicitation Number

W91YTZ-12-R-0241
 

Response Due

9/19/2012
 

Archive Date

11/18/2012
 

Point of Contact

Sharon N. Pollard, 910-907-1081
 

E-Mail Address

Medcom Contracting Center North Atlantic
(sharon.n.pollard@us.army.mil)
 

Small Business Set-Aside

N/A
 

Description

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. W91YTZ-12-R-0241 Combined Synopsis/Solicitation The North Atlantic Regional Contracting office, Womack Army Medical Center (WAMC), Fort Bragg, NC 28310, intends to solicit, negotiate, and award a sole source Blanket Purchase Agreement to OsirisTherapeutics, INC. The requirement is for Osiris Cellular Ovation Replacement products. Product is used in spinal surgery to enhance the cellular response for fusion of the cervical and/or lumbar vertabra. 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 and is expected to result in the award of a firm-fixed price contract. The resulting award will be made on SF 1449, for commercial services. The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of FAR 6.302. Interested persons may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive proposals. However, all proposals received after the date of publication of this synopsis will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. All responses must be received by 22 September, 2012, 4:00 PM EST. This is solicitation number W91YTZ-12-R-0241 and is a request for proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-58. The Standard Industrial Classification Code is 6515, size standard is 500 employees and the NAICS code of 541711. Womack Army Medical Center Fort Bragg North Carolina 28310. Clauses and provisions throughout this solicitation can be viewed by accessing website www.farsight.hill.af.mil and https://acquisiiton.gov/far. FAR provision 52.212-1 [Instructions to Offerors Commercial Items] applies to this acquisition to include the following addenda: All offerors are cautioned that if selected for award, they must be registered with the Central Contractor Registration (CCR) program. The CCR can be accessed via the internet at www.ccr.gov/. Confirmation of CCR registration will be validated prior to awarding a contract. Line Item Number 0001 Expandable Medical Supplies for Operating Room/Spine; Shipping included in price. CONSISTING OF: Quantity Part Number Description of Product PS31030Cellular Ovation Large Unit Price $__________________ Extended Amount $____________________ PS31001Cellular Ovation Small Unit Price $__________________ Extended Amount $____________________ Provide your Company's Dunn and Bradstreet number (DUNS); CAGE code; tax ID number; number of days to deliver, along with your Published Price list, by item number, for evaluation purposes. Responses are to be emailed to Sharon N. Pollard sharon.n.pollard@us.army.mil no later than 22 September, 4:00 PM EST. The following provisions in their latest editions apply to this solicitation. FAR Clauses and provisions can be viewed at http://www.farsite.hil.af.mil and https://www.acquisition.gov Vendors shall include a completed copy of FAR provision 52.212-3 Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive. Clause 52-212-4 Contract Terms and Conditions-Commercial items, applies to this acquisition to include any applicable addenda. 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2012) Addendum to 52.212-4 (u) The non-FAR Part 12 discretionary FAR, DFAR, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found. 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) ALT I (OCT 1995) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.204-4 Printed or Copied Double Sided on Postconsumer Fiber Content paper (May 2011) 52.204-10 Reporting executive compensation and first-tier subcontract awards (FEB 2012) 52.209-6 Protecting the Government Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-14 Limitations on Subcontracting (NOV 2011) 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JUL 2010) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) (EEO) 52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Reports on Veterans (Sep 2010) 52.222-50 Combating Trafficking In Persons (FEB 2009) 52.223-18 Encouraging Contractor policies to ban text messaging while driving (AUG 2011) 52.225-13 Restrictions on certain foreign purchases (JUN 2008) 52..232-33Payment By Electronic Funds Transfer-Central Contractor Registration (OCT2003) 52.232-36 Payment By Third Party (FEB 2010) (GPC) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable law for breach of contract claim (OCT 2004) 52.242-13 Bankruptcy (Jul 1995) 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (SEP 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (JAN 2009) 252.204-7003 Control of Government Personnel work Product (APR 1992) 252.225-7012 Preference for Certain Domestic Commodities (JUNE 2010) 252.225-7002 Qualifying country sources as Subcontractors (APR 2003) 252.225-7036 Buy American Act- Free trade Agreements- Balance of Payments Program (JUNE 2012) 252.232.7003 Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) 252.232-7010 Levies on Contract payments (DEC 2006) 252.247-7023 Transportation of Supplies by Sea (MAY 2002) CLAUSES INCORPORATED IN FULL TEXT 52.219-28 Post Award Small Business Program Representation (APR 2012) (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 rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, 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 ORCA, or does not have a representation in ORCA 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 - assigned to contract number W91YTZ-12-R-0241. (Contractor to sign and date and insert authorized signer's name and title). 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): www.acquisition.gov/far www.farsite.hill.af.mil (End of clause) 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 DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 252.204-7008 EXPORT-CONTROLLED ITEMS (APR 2010) (a) Definition. Export-controlled items, as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130). The term includes: (1) Defense items, defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR part 120. (2) Items, defined in the EAR as ``commodities, software, and technology,'' terms that are also defined in the EAR, 15 CFR 772.1. (b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for Contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR. (c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause. (d) Nothing in the terms of this contract adds to, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to-- (1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.); (2) The Arms Export Control Act (22 U.S.C. 2751, et seq.); (3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.); (4) The Export Administration Regulations (15 CFR parts 730-774); (5) The International Traffic in Arms Regulations (22 CFR parts 120-130); and (6) Executive Order 13222, as extended. (e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts. (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2011) (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) (JUL 2010) (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) (End of clause) WIDE AREA WORKFLOW (WAWF) ARMY ELECTRONIC INVOICING INSTRUCTIONS Electronic Submission of Payment Request Contractor shall submit payment request using the following method as mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office. ___ Wide Area Workflow -Receipt and Acceptance (WAWF-RA) (see instructions below) ___ Web Invoicing System (WInS) ___ American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats ___ Other (please specify)____________________________________ DFAS POC and Phone:_______________________________________________ WAWF-RA is the method to electronically process vendor request for payment. This application allows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. Contractor electing to use WAWF-RA shall (i) register to use WAWF-RA at https://wawf.eb.mil and (ii) ensure an electronic business point of contract (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10) calendar days after award of this contract/order. WAWF- RA Instructions Questions concerning payments should be directed to the Defense Finance and Accounting Service (DFAS)[fill in DFAS location here](Block 18a of your purchase order/contract) at [fill in DFAS vendor pay phone number here] or faxed to [fill in DFAS vendor pay fax phone number here]. Please have your purchase order/contract number ready when calling about payments. You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire status of your payment. The following codes and information will be required to assure successful flow of WAWF-RA documents. TYPE OF DOCUMENT[X the appropriate block] ___ Commercial Item Financing ___ Construction Invoice (Contractor Only) ___ Invoice (Contractor Only) ___ Invoice and Receiving Report (COMBO) ___ Invoice as 2-in-1 (Services Only) ___ Performance Based Payment (Government Only) ___ Progress Payment (Government Only) ___ Cost Voucher (Government Only) ___ Receiving Report (Government Only) ___ Receiving Report With UID Data (Government Only) ___ Summary Cost Voucher (Government Only) CAGE CODE: [Enter Contractor Cage Code here] ___________ ISSUE BY DODAAC: [Enter Contracting Office DODAAC here] ____________ ADMIN BY DODAAC: [Enter office administering contract here] ____________ INSPECT BY DODAAC: [Enter Inspector's DODAAC here if applicable] ____________ ACCEPT BY DODAAC: [Enter Acceptor's DODAAC here if applicable] ____________ SHIP TO DODAAC: [Enter Ship to DODAAC(s) here] ________________ LOCAL PROCESSING OFFICE DODDAC: [Enter LPO DODAAC here if applicable] _____________________________ PAYMENT OFFICE FISCAL STATION CODE: [Enter Fiscal Station CODE] _________ EMAIL POINTS OF CONTACT LISTING: (Use Group e-mail accounts if applicable) INSPECTOR: [Enter Inspector's email address here] _____________________________ ACCEPTOR: [Enter Acceptor's email address here] _____________________________ RECEIVING OFFICE POC: [Enter receiving office POC email address here] __________________________________________ CONTRACT ADMINISTRATOR: [Enter CA's email address here] __________________ CONTRACTING OFFICER: [Enter KO's email address here] ______________________ ADDITIONAL CONTACT: [Enter email address(es) here] _________________________ For more information contact [Enter Contract Specialist and/or Contracting Officers Name, email and phone here]. ____________________________________________ (End of clause) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2012) (DEVIATION) (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 this paragraph (b)(i) 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 (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) Reserved. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 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). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 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.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JUL 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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) 52.211-6 BRAND NAME OR EQUAL (AUG 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by-- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) The Clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (MAR 2012) (Deviation) applies to this acquisition FAR 52.212-1, Instructions to Offeror-Commercial Items (FEB 2012) applies. ADDENDUM TO 52.212-1 Para (b) Submission of Offers: The following supplements this paragraph with respect to the information and documents required for submission in response to this solicitation. (1)ELECTRONIC OFFERS. Offerors may submit electronic offers in response to this solicitation. The offer must arrive by the time specified in the solicitation to the following email address: sharon.n.pollard@us.army.mil (2) The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer. (3) The Government intends to award a firm-fixed price contract. Offerors must quote a firm-fixed price for each Contract Line Item. (4)Any questions with respect to the solicitation shall be submitted in writing to Ms. Pollard at sharon.n.pollard@us.army.mil by 4:00 a.m. EST 20 September, 2012. Telephone calls will not be accepted nor responded to. Responses will be emailed to all interested offerors. (5)The technical information required for evaluation purposes, shall not exceed 10 pages. (6)PROCESS FOR AWARD. : Award will be made to the offeror provided its technical proposal conforms to the requirements of the solicitation; it has an acceptable record of past performance; its price is determined to be fair and reasonable by the contracting officer; and the contracting officer determines the offeror is responsible. The Contracting Officer intends to award without discussions, but reserves the right to do so in his or her sole discretion. (7) Please complete 52.212-3 ALT I "Offeror Representations and Certifications - Commercial Items". (8)SUBMISSION OF OFFERS. Please note that your offer must include all of the following information. Submit proposal in three separate parts as follows: PART I:TECHNICAL INFORMATION. The information provided by the offeror will be a significant factor in the Government's determination of technical acceptability. (Refer to Addendum 52.212-2). Technical capability to include product literature, catalog price lists if available; warranty, guarantee, technical specs, and delivery information. PART II: PAST PERFORMANCE. Offeror is required to submit information, on a single page, identifying federal, state and local government and private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references. Information provided by the contractor shall state include the following: Name, telephone and fax numbers of a point of contact in the administering contracting office, the award/contract number, the term of the contract (1 year, 2 years etc), and the total quantity furnished annually. PART III: PRICE. If the prices are the same for each contract period, provide one schedule and state that the schedule applies to all contract periods. The information provided in this schedule will be used to assist in the price analysis described in EVALUATION OF THE PROPOSED PRICES, in ADDENDUM TO FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS. (9)Representations and Certifications found at FAR 52.212-3 ALT I and DFAR 252.212-7000 MUST be completed and submitted with the offer. Para (g) Contract award. This is amended to state that the Government may conduct discussions prior to contract award. Para (j) Data Universal Numbering System (DUNS) / CAGE Code. The offeror shall obtain these said Codes and submit them to Contracting Center. Registration in the Central Contractor Registration (CCR), if you are a US firm. Award cannot and shall not be made to an offeror without these codes. Para (n) Bid Preparation Costs. This solicitation does not commit the Government to pay any costs incurred in the submission of an offer, in making any necessary studies for the preparation thereof, or for any visit(s) the Contracting Officer may request for the purpose of clarification of the offer. The Government may reject a proposal if it is found that any information that has a negative impact on the offeror's past performance record has been deleted, misrepresented, or withheld. BASIS FOR AWARD. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. (m) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found. (End of Addendum to 52.212-1) CLAUSES INCORPORATED BY REFERENCE FAR 52.211-6 Brand Name or Equal (AUG 1999) FAR 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification (NOV 2011) CLAUSES INCORPORATED IN FULL TEXT 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) (a) The offeror certifies that -- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to - (i) Those prices, (ii) The intention to submit an offer, or (iii) The methods of factors used to calculate the prices offered: (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory -- (1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization); (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision. (c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. (End of clause) 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a BLANKET PURCHASE AGREEMENT contract resulting from this solicitation. (End of provision) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) for all referenced clauses/provisions, see web site http://www.farite.hill.af.mil or https://www.acquisition.gov FAR 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. The use in this solicitation of any DOD FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) (a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials. (b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2. (End of provision) 252.204-7011 ALTERNATIVE LINE-ITEM STRUCTURE (SEP 2011) (a) Line items are the basic structural elements in a solicitation or contract that provide for the organization of contract requirements to facilitate pricing, delivery, inspection, acceptance and payment. Line items are organized into contract line items, subline items, and exhibit line items. Separate line items should be established to account for separate pricing, identification (see section 211.274 of the Defense Federal Acquisition Regulation Supplement), deliveries, or funding. The Government recognizes that the line item structure in this solicitation may not conform to every offeror's practices. Failure to correct these issues can result in difficulties in accounting for deliveries and processing payments. Therefore, offerors are invited to propose an alternative line item structure for items on which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract structure is economically and administratively advantageous to the Government and the Contractor. (b) If an alternative line item structure is proposed, the structure must be consistent with subpart 204.71 of the Defense Federal Acquisition Regulation Supplement and PGI 204.71. A sample solicitation line-item structure and a corresponding offer of a proposed alternative line-item structure follow. Solicitation: ---------------------------------------------------------------------------------------------------------------- Item No. Supplies/Service Quantity Unit Unit price Amount ---------------------------------------------------------------------------------------------------------------- 0001............................ EA....................... ---------------------------------------------------------------------------------------------------------------- Alternative line-item structure offer where monitors are shipped separately: ---------------------------------------------------------------------------------------------------------------- Item No. Supplies/Service Quantity Unit Unit Price Amount ---------------------------------------------------------------------------------------------------------------- 0001............................ EA....................... 0002............................ EA....................... ---------------------------------------------------------------------------------------------------------------- (End of provision) 252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (JAN 2009) (a) "Definitions." As used in this provision -- (a) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof. (2) "Terrorist country" means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for such acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria. (3) "Significant interest" means -- (i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or (v) Holding 50 percent or more of the indebtness of a firm. (b) "Prohibition on award." In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense. (c) "Disclosure." If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclosure such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include -- (1) Identification of each government holding a significant interest; and (2) A description of the significant interest held by each government. (End of provision) DFAR 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) 252.225-7035 BUY AMERICAN--FREE TRADE AGREEMENT --BALANCE OF PAYMENTS PROGRAM CERTIFICATE (JUN 2012) (a) Definitions. Bahrainian end product, commercially available off-the-shelf (COTS) item, component, domestic end product, Free Trade Agreement country, Free Trade Agreement country end product, foreign end product, Moroccan end product, Peruvian end product, qualifying country end product, and United States, as used in this provision, have the meanings given in the Buy American--Free Trade Agreements--Balance of Payments Program clause of this solicitation. (b) Evaluation. The Government-- (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) For line items subject to Free Trade Agreements, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahrainian end products or Moroccan end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American--Free Trade Agreements--Balance of Payments Program clause of this solicitation, the offeror certifies that-- (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; and (ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror shall identify all end products that are not domestic end products. (i) The offeror certifies that the following supplies are qualifying country (except Australian or Canadian) end products: (Line Item Number) (Country of Origin) (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian end products, Moroccan end products, or Peruvian end products: (Line Item Number)-------------0001---------------------------------------- (Country of Origin)-------------USA--------------------------------------- (iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'': (Line Item Number)----------------------------------------------------- (Country of Origin (If known))----------------------------------------- (End of provision) FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (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 shall be used to evaluate offers: The award decision will be based on the Lowest Priced, Technically Acceptable offer. Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price." The following factors shall be used to evaluate offers: Technical, price, and past performance. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) ADDENDUM TO 52.212-2 Paragraph (a) is hereby supplemented with the following: (a). The total evaluated price must be reasonable, and any additional expense must be justified by a corresponding value for technical merit, or an expectation of greater quality of performance. (b). Contractors may not qualify if any of the following are not met: 1. Proposal does not reasonably address the requirements in the request for proposal (RFP). 2.Proposal includes major deficiencies or omissions which discussions could not be expected to cure without a major revision or a new proposal. 3.Proposal is so technically inferior or so out of line in price as compared to other proposals as to preclude it from having a reasonable chance for award. 4. An unrealistically low price, may indicate lack of sound management judgment and lack of understanding of the requirement for the geographic area of service, or unbalanced pricing of line items, as proposed initially or subsequently, may be grounds for eliminating a proposal either on the basis that the offeror does not understand the requirement or has made an imprudent offer. 5. The Government reserves the right to conduct discussions, if necessary. PART I TECHINICAL: Technical capability to include product literature, catalog price lists if available; warranty, guarantee, technical specs, and delivery information. Technical will be evaluated as either Acceptable or Unacceptable. Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. Definitions are as follows: ACCEPTABLE: To be rated acceptable, the offeror's technical proposal must demonstrate it can meet all requirements. UNACCEPTABLE: A technical proposal that fails to demonstrate it can meet one or more requirements will be determined unacceptable. PART II PAST PERFORMANCE Offeror is required to submit information, on a single page, identifying federal, state and local Government and private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references. Information provided by the Contractor shall state: The type of service provided with information to verify references: Names; telephone numbers; Points of Contact; amount of contract; and email addresses. Past performance shall be used as an evaluation factor within the LPTA process, unless waived by the PCO in accordance with FAR 15.101- 2(b). It shall be evaluated in accordance with FAR 15.305 and DFARS 215.305. However, the comparative assessment in FAR 15.305(a)(2)(i) does not apply. Therefore, past performance will be rated on an "acceptable" or "unacceptable" basis using the ratings below. Acceptable: Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note below.) Unacceptable: Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. Note: In the case of an offeror 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 offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable." PART III PRICE: Price will be evaluated separately from Technical and will be evaluated for fairness and reasonability. Offeror shall provide their published price list with their offer. Award will be made to the lowest priced technically acceptable offeror with an acceptable record of past performance. A neutral rating will be considered as acceptable past performance. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012) ALTERNATE I (APR 2011) Vendors shall include a completed copy of FAR provision 52.212-3 Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/USA/MEDCOM/DADA15/W91YTZ-12-R-0241/listing.html)
 

Place of Performance

Address: Medcom Contracting Center North Atlantic ATTN: MCAA NA Bldg T20, 6900 Georgia Avenue NW Washington DC

Zip Code: 20307-5000
 

Record

SN02869623-W 20120907/120906002659-3b455df05587e5607738d93448cc973c (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
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