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. The combined synopsis/ solicitation number is W91ZLK-12-R-0038. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 05-59. The Government contemplates award of a Firm-Fixed Price Contract for CNC 8-Axis Hydraulic Press Brakes. This requirement will be procured as Brand Name or Equal, unrestricted on the Government Point of Entry (GPE). The Associated North America Industry Classification Code (NAICS) 333513 and the Business Size Standard is 500. This hydraulic press brake will be used to perform sheet metal and plate bending operations in support of metal fabrication efforts. It is a CNC-controlled 8-axis machine with a 350-ton capacity and 120" bend length. It will be capable of being programmed offline via a 3D CAD/CAM software package. It will be equipped with a laser-based safety system and is considerably safer to operate than the existing equipment with no safety interlock at bending line. NOTES to Offerors: Offers shall note the lead time or approximate delivery date for items offered. Acceptance shall be at destination. Shipping shall be FOB Destination to US Army Aberdeen Test Center's facility Located at Aberdeen Proving Ground, Maryland 21005. Description of the Requirement: CLIN 0001: CNC 8-Axis Hydraulic Brakes. Brand name or Equal- LVD Strippit Model Number PPEB 8 EFL 320/30 (Technical Specifications attached-Attachment 2) Qty: _____1________ Unit Price: $___________ Total Amt: $____________ The following provisions and clauses will be incorporated by reference: 52.209-6 Protecting the Government's Interest when Subcontracting with Contractors Debarred, Suspended or Proposed for Debarment 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 modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification. (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) 52.212-1 Instruction to Offerors Commercial Items 52.212-2, Evaluation Commercial Items: The contract will be awarded to the Lowest Price Technically Acceptable (LPTA) in accordance with 15.101-2. The award will be made on the basis of the lowest evaluated price of the proposal meeting or exceeding the acceptability standards for non-cost factors (Attachment 2). The technical evaluation will be a determination based on information furnished by the vendor. The Government is not responsible for locating or securing any information which is not identified in the proposal. The Government reserves the right to make an award without discussions. The Government reserves the right to award on all or none basis. The following factors shall be used to evaluate offers: Technical: Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards of the Hydraulic Press Brakes in accordance with the Attachment 2. Past Performance: Offerors shall submit a list of no more than (2) contracts for the offeror, which are relevant to the efforts required by this solicitation and no more than (2) contracts for each of its major subcontractors under which the major subcontractor has performed services or related tasks similar to those that it will perform under the purchase order. Contractor shall demonstrate the proposed unit has been manufactured and sold for at least 2 years. Past performance information shall be submitted in accordance with Attachment 1. Offerors will be evaluated on a acceptable/unacceptable basis. 52.212-3 Offerors Representations and Certifications Commercial Items An offeror shall complete only paragraph (l) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (k) of this provision. 52.212-4 Contract Terms and Conditions Commercial Items, applies to this acquisition. 52.223-11 Ozone Depleting Substances 52.212-5 Contract terms and Conditions Required to Implement Statutes or Executive Orders---Commercial Items applies to this acquisition. The following additional FAR clauses cited in this clause are applicable: 52.203-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 253g and 10 U.S .C. 2402) 52.203-13, Contractor Code of Business Ethics and Conduct 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10, Prohibition on Contracting with Inverted Domestic Corporation 52.222-3, Convict Labor 52.222-19 Child Labor Cooperation with Authorities and Remedies 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-35 Equal Opportunity for Veterans 52.222-36 Affirmative Action for Workers with Disabilities 52.222-37 Employment Reports on Veterans 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 52.222-50, Combating Trafficking in Persons 52.223-15, Energy Efficiency in Energy-Consuming Products 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving 52.225-1 Buy American Act - Supplies 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act 52.225-5 Trade Agreements 52.225-13 Restrictions on Certain Foreign Purchase 52.232-33 Payment by Electronic Funds Transfer Central Contractor Registration 52.239-1, Privacy or Security Safeguards 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim 52.252-1 Solicitation Provisions Incorporated by Reference: 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): farsite.hill.af.mil 252.212-7000 Offeror Representations and Certifications-Commercial Items 252-211-7003 Item Identification and Valuation 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. The following additional DFAR clauses cited in the clause are applicable: 52.203-3 Gratuities 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7003 Agency Office of the Inspector General 252.225-7001 Buy America and Balance of Payment Program 252.225-7008 Restriction on Acquisition of Specialty Metals 252.225-7009 Restriction on Acquisition of Certain Article Containing Specialty Metals 252.225-7012 Preference for Certain Domestic Commodities 252.225-7015 Restriction on Acquisition of Hand or Measuring Tools 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings 252.225-7021 Trade Agreements 252.225-7036 Buy American Act-Free Trade Agreements Balance of Payments Program 252.227-7015 Technical Data-Commercial Items 252.227-7037 Validation of Restrictive Markings on Technical Data if applicable 252.225-7038 Restriction on Acquisition of Air Circuit Breakers 252.232-7003 Electronic Submission of Payment Requests 252-247-7023 Transportation of Supplies by Sea 252-247-7024 Notification of Transportation of Supplies by Sea 252.247-7027 Riding Gang Member Requirements EXEMPTION CERTIFICATE FROM MARYLAND RETAIL SALES AND USE TAX (JUL 1999) (APG 52.0229-4100) Exemption Certificate No. 30005004 covers exemption from Maryland Retail Sales and Use Tax. AMC-LEVEL PROTEST (NOV 2008) If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution. HQ Army Materiel Command Office of Command Counsel 9301 Chapek Rd, Room 2-1SE3401 Ft. Belvoir, VA 22060-5527 Facsimile number: (703) 806-8866 or 8875 Packages sent by FedEx, UPS, or other delivery service should be addressed to: HQ Army Materiel Command Office of Command Counsel Room2-1SE3401 1412 Jackson Loop Ft. Belvoir, VA 22060-5527 The AMC-level protest procedures are located on the Internet. If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-level protest procedures. http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp The full text of FAR and DFAR references may be accessed electronically at this address: http://farsite.hill.af.mil. Proposals must be signed, dated and received by 11:00 AM EST August 29, 2012 via fax at 410-278-2407 or email to Ms. Maureen Cameron,
[email protected] located at the US Army Contracting Command, Aberdeen Proving Ground, Installation Contracting Division, Attention: CCRD-AI-IC, 4118 Susquehanna Avenue, Aberdeen Proving Ground, MD, 21005-3013. Proposals from responsible sources will be considered. Vendors who are not registered in the Central Contractor Registration (CCR) database prior to award will not be considered. Vendors may register with CCR by calling 1-800-334-3414 or online at www.bpn.gov/CCR. For questions concerning this Request for Proposal contact Ms. Maureen Cameron, Contract Specialist, via email at
[email protected] Please provide any questions no later than August 24, 2012 at 11:00 AM EST. TELEPHONE REQUESTS WILL NOT BE HONORED.