**PLEASE READ THIS NOTICE CAREFULLY AS IT CONSTITUTES THE ONLY NOTICE THAT WILL BE ISSUED** This is a 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 solicitation; a quote is being requested and a written solicitation will not be issued. Interested parties are responsible for monitoring this site to ensure they have the most current information in reference to this acquisition. The National Highway Traffic Safety Administration (NHTSA), Office of Acquisition Management (OAM) is issuing this solicitation, number DTNH22-13-Q-00237 (PR: 13-01241), as a Request for Quote (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2005-69 effective August 1, 2013. This requirement will be awarded as a commercial item under the procedures outlined in FAR Part 12. The NHTSA intends to award a Firm-Fixed price, Sole Source Purchase Order to: United States Council for Automotive Research LLC. (USCAR) 1000 Town Ctr, Ste 300 Southfield, MI 48075-1219 This Purchase Order will be issued in accordance with 10 USC 2304(c) (1) and FAR Part 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. This determination was made based on Market Research conducted for this acquisition. The proposed contract action is for equipment which the Government intends to purchase after negotiating with the stated Offeror. However, all interested and responsible sources may submit a capability statement or quotation which will be considered by the agency. As this is not a request for competitive quotes, the Government reserves the right not to compete the proposed Purchase Order based on responses received to this notice. All offorers who can provide the stated brand name or equal should submit a proposal (quote) outlining its technical capability, lead time and proposed price for consideration. The North American Industrial Classification System (NAICS) code for this procurement is 334516, "Analytical Laboratory Instrument Manufacturing ", with a small business size standard of $14.0 Million. The Product Service Code for this procurement is 6695, "Instruments and Laboratory Equipment." TECHNICAL SPECIFICATIONS Procurement of one (1) used 50th Percentile Male WorldSID Anthropomorphic Test Device (ATD) serial number WS-011. Period of Performance There is no Period of Performance/Date of Delivery as the 50th Percentile Male WorldSID ATD is located at the Vehicle Research and Testing Center in East Liberty, OH Place of Delivery: National Highway Traffic Safety Administration (NHTSA)/Vehicle Research Test Center (VRTC) Attention: Joe McFadden 10820 SR 347; Bldg. 60 East Liberty, OH 43319-0337 Payment The vendor shall be paid in accordance with FAR 52.212-4 (i). Invoice The Government may be billed either at the end of each month after the Government receives and has accepted services/supplies or at the end of each Firm Fixed Price (FFP) performance period. SUBMISSION OF INVOICES Designated Billing Office The Contractor shall submit one (1) original copy to the following address: DOT/National Highway Traffic Safety Administration Mike Monroney Aero Center Accounts Payable Branch, AMZ-150 P.O. Box 268911 Oklahoma City, OK 73126 Or The Contractor may submit one (1) original copy to the following email address:
[email protected] In order to be considered a "proper invoice," the following information must be included: 1) Name and address of the Contractor. 2) Invoice date and invoice number. The Contractor should date invoices as close as possible to the date of the mailing or transmission. 3) Timeframe covered by the invoice. 4) NHTSA Contract number. 5) Purchase Order Number (as applicable). 6) NHTSA Contracting Officer's Name. 7) NHTSA Contracting Officer's Technical Representative's name. 8) NHTSA Purchase Order Manager's Name 9) Itemization of costs to include: a) Contract Line Item Number (CLIN); b) Number of hours worked for each Labor Category billed; c) Associated Labor Rate for each Labor Category billed; d) Total reimbursement requested for that specific invoice; and e) Cumulative Total of reimbursements to date (for that Task/Delivery Order). Labor charges are to be substantiated by individual daily job time cards or a record of records to be retained by the Contractor and made available for the Government's inspection on an "as-required" basis. Name and address of Contractor official where questions regarding payment should be referred. The Contractor shall certify that the hours worked and Labor Categories being charged to the Government are correct, and that the dollar amounts invoiced were incurred for the work billed. If the invoice does not comply with these requirements, the invoice will be returned as an improper invoice within seven (15) calendar days after receipt. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Aug 2013) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.222-50 Combating Trafficking in Persons Feb 2009 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items. 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Jul 2013 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Dec 2010 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters Jul 2013 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations May 2012 52.219-6 Notice of Total Small Business Aside Nov 2011 52.219-7 Notice of Partial Small Business Set-Aside Jun 2003 52.219-28 Post Award Small Business Program Representation Jul 2013 52.222-3 Convict Labor Jun 2003 52.222-19 Child Labor-Cooperation with Authorities and Remedies Mar 2012 52.222-21 Prohibition of Segregated Facilities Feb 1999 52.222-26 Equal Opportunity Mar 2007 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 52.222-40 Notification of Employee Rights Under the National Labor Relations Act Dec 2010 52.223-15 Energy Efficiency in Energy-Consuming Products Dec 2007 52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products Dec 2007 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving Aug 2011 52.225-1 Buy American Act-Supplies Feb 2009 52.225-3 Buy American Act--Free Trade Agreements-Israeli Trade Act Nov 2012 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.232-29 Terms for Financing of Purchases of Commercial Items Feb 2002 52.232-33 Payment by Electronic Funds Transfer- System for Award Management Jul 2013 52.239-1 Privacy or Security Safeguards Aug 1996 (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: None at this time (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) 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. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (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 (Jul 2013) (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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (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) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 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. (xv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) FAR 52.233-2 Service of Protest (Sep 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer at the address below: National Highway Traffic Safety Administration Office of Acquisition Management Attn: Ross Jeffries 1200 New Jersey Avenue, Southeast Washington, DC 20590 Acknowledgement of receipt is confirmed by obtaining a written and dated document from Robin Gates, Contracting Officer. FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/far/. 52.212-1 Instructions to Offerors-Commercial Items Jul 2013 52.212-3 Offeror Representations and Certifications - Commercial Items * see item 8 below Aug 2013 52.212-4 Contract Terms and Conditions - Commercial Items Jul 2013 52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran- Representation and Certification Dec 2012 Please note: *All Offerors and prospective Contractors must be registered in the System for Award Management (SAM) with their Online Representations and Certifications Applications (ORCA) at https://www.sam.gov/portal/public/SAM/or must provide a completed copy of 52.212-3 with their quotation. DEPARTMENT OF TRANSPORTATION ACQUISITION REGULATIONS (48 CHAPTER 12) CLAUSES TAR 1252.223-73 Seat Belt Use Policies and Programs (Apr 2005) INTRUCTIONS TO OFFERORS SUBMITTING QUOTES FAR 52.212-1 Instructions to Offerors - Commercial Items (Jul 2013), applies to this acquisition. Technical Capability and Price shall be contained in one volume. Offers must include the following information: 1. The solicitation Number 2. The time specified in the solicitation for receipt of offers 3. The name, address, and telephone number of the Offeror 4. A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary 5. Terms of any express warranty 6. Price and any discount terms 7. "Remit to" address, if different than mailing address 8. A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the Offeror shall complete electronically) 9. Acknowledgment of Solicitation Amendments. 10. Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information). The following information should be included in the PRICE QUOTE: Price to provide the stated dummy. ASSUMPTIONS AND CONDITIONS Contractors are expected to perform all tasks associated with the Technical Capability Statement contained herein. Contractors specifying any assumptions, conditions, or exceptions in their quotes which are not agreeable to the Government may be considered non-responsive and rejected. Further, the Government will reject a Contractor's quote containing any qualifications placed on their quoted price for work performed that are within the scope of the awarded Purchase Order. 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 (listed in descending order of importance): 1. Technical Capability 2. Price 3. Past Performance - The Government shall consider information obtained through the Past Performance Information Retrieval System (PPIRS). Past performance will be utilized to determine the quality of the Schedule Contractor's past performance as it relates to the probability of success of the required effort. In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available, the Offeror will not be evaluated favorably or unfavorably on past performance. When combined Technical Capability and Past Performance are more important than price. (b) 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) ADDITIONAL INFO: Questions pertaining to this acquisition should addressed to Donald "Keith" Thorndyke II, Contract Specialist, via email at
[email protected] with a courtesy copy to Robin Gates, Contracting Officer via email at
[email protected], as soon as possible but no later than 9 AM EST Tuesday, September 03, 2013. Phone calls will not be entertained. Quotations shall be transmitted electronically via email to Donald Thorndyke (with a courtesy copy to Robin Gates) on or before Tuesday, September 10, 2013 no later than 9 AM EST. LIST OF EXHIBITS 1. Justification for other than full and open competition.