Solicitation is being extended until Thursday 17 September 2015. All quote are due by 10:00 am CST . NOTE TO CONTRACTORS: THE NAICS CODE USED IS 334610 SOFTWARE AND OTHER PRERECORDED COMPACT DISC TAPE AND RECORD REPRODUCING. SINCE THE GOVERNMENT CANNOT USE THE NAICS CODE 423990 WE ARE LINKING THE NAICS 334610. THE CORRECT NAICS CODE SHOULD READ: 334614 SOFTWARE AND OTHER PRERECORDED COMPACT DISC TAPE, AND RECORD REPRODUCING. IF YOU ARE REGISTERED IN SAM WITH THE NAICS CODE 723990 iF YOUR COMPANY IS REGISTERED IN SAM AS 423990 YOU ARE ELIGIBLE TO PROVIDE A QUOTE. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate Request for Quote (RFQ) will not be issued. The solicitation number is Audio Visual Materials and is issued as a Request for Quotation (RFQ). This combined synopsis/solicitation incorporates provisions and clauses are those in effect through Federal Acquisition Circular 2005-76 and DFARS change notice 20140825. This purchase is restricted to Small Business concerns. This NAICS code is 334614 and the size standard is $750. This is a requirement for movies, and video games for different gaming systems. Movies, Video Games for different gaming systems (The quote shall be effective for 30 days after submission of quote) Please respond to this RFQ by emailing response to Mary Lou Walther, email address:
[email protected] no later than 10:00 CST, 10 September Thursday (or sooner if possible) in order to be considered timely. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified above shall be determined as late and will not be considered unless received before award is made, the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and it was the only quote received. Please contact Mary Lou Walther with additional questions at the above noted email address or call (210)671-1732. (Please provide a quote for the line items listed below. Failure to quote on all CLINs will render the quote unacceptable and ineligible for award. ITEM DESCRIPTION QTY Unit Unit Price Extended Amount 0001 Purchase the following audio visual materials. See Attached list of requirements There are 319 items listed 01 LOT $_____________ $_____________ TOTAL COST $___________ Please provide the information below: Pricing Quoted: Includes Open Market prices ONLY. Payment Terms Delivery Date Company Name: DUNS # Required Cage Code Number: POC: Telephone # E-Mail Address: Tax ID#: Warranty Informaiton:____________________________________________________ Do you have capacity to invoice electronically (invoicing through WAWF)?_________ Special Notes and Instructions : •1. This is a notice that this order is a total set-aside for small business concerns. Only quotes submitted by small business will be accepted by the Government. Any quote that is submitted by a contractor that is not small business will not be considered for award. •2. Basis for Award. 502d CONS/JBKAA will issue a purchase order to the vendor who is determined to have the lowest quote. •3. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/portal/public/SAM/ and provide mandatory information. •4. Notice to Quoter. Awaiting funds . Funds are not presently available for this requirement. No award will be made until funds are available to make payments under a contract. The Government reserves the right to cancel this purchase request, either before or after suspense date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse a quoter for any costs. The contractor shall not request, nor will the Government make, payments for any preliminary measurement, bids, site visit, time or quote cost incurred. •5. Delivery/Assembly: The items must be ready for use upon delivery. •6. The following FAR/DFARS provisions and clauses are applicable to this solicitation: (For full text references, go to www.arnet.gov or http://farsite.hill.af.mil .) 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.211-17 Delivery of Excess Quantities 52.212-1 Instructions to Offerors-Commercial Items 52.212-2 Evaluation - Commercial Items 52.212-4 Contract Terms and Conditions-Commercial Items 52-219-6 Notice of Small Business Set-Aside 52.219-13 Notice of Set-Aside of Orders 52.222-19 Child Labor 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-50 Trafficking in Persons 52.223-18 Contractor Policy to Ban Text Messaging While Driving 52.232-18 Availability of Funds 52.232-23 Assignment of Claims 52.232-39 Unenforceability of Unauthorized Obligations 52.233-1 Disputes 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim 52. 252-1 Solicitation Provisions Incorporated By Reference 52.253-1 Computer Generated Forms 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A 252.211-7003 Item Identification and Valuation 252.232-7003 Electronic Submission of Payment Requests 252.232-7006 Wide Area Work Flow Payment Instructions 252.232-7010 Levies on Contract Payments 5352.201-9101 OMBUDSMAN (APR 2010) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JUL 2014) (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)(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 (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) 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) 52.226-6, 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) 52.252-2 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): https://farsite.hill.af.mil or www.arnet.gov (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 Defense Federal Acquisition Regulation 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) 252.203-7998 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION. (DEVIATION 2015-O0010) (FEB 2015) •(a) In accordance with section 743 of Division E, title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. •(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. •(c) Representation. By submission of its offer, the Offeror represents that it does not requirement employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such wasted, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (End of provision) 252.203-7999 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS. (DEVIATION 2015-O0010) (FEB 2015) •(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. •(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. •(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. •(d) (1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (End of provision) 252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-00007)(DATE 2012) •(d) In accordance with section 514 of Division H of the Consolidate Appropriations Act, 2012, none of the funds made available by the Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months. (End of provision) 252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILLITY OR A FELONGY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-00004) (JAN 2012) (a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Approriations Act, 2012, (Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) ADDENDUM TO 52.212-4 (LACKLAND 0007) (FEB 11) Paragraph (c) of Clause 52.212-4 is tailored as follows: (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes, such as changes in the paying office, appropriations data, etc., which may be changed unilaterally by the Government. (End of clause)