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; quotes are being requested, and a written solicitation will not be issued. The solicitation is being issued as a Request for Quote (RFQ) with the intent to award as a simplified acquisition. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02. This requirement is 100% small business set aside and utilizes the North American Industry Classification System Code (NAICS) 333120 (Construction Machinery Manufacturing) with a size standard of 1,250 employees. This procurement is being conducted in accordance with regulation at FAR 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures. Please see attached Description of Requirement (DOR). Instructions to Offerors (Reference FAR 52.212-1) (a) The Offeror is responsible for reading all information contained in this solicitation and all attachments, if any, posted with it. Offerors should check the www.SAM.gov website often for any information regarding this solicitation and/or amendments to this solicitation. For information concerning this solicitation, please email
[email protected] and
[email protected] (b) Pursuant to FAR 52.204-7(b), System for Award Management, offerors must be registered in the System for Award Management (SAM) at the time an offer or quotation is submitted, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. If an offeror is not registered in SAM at the time of the offer, its offer will not be considered for award. You may register electronically at http://www.sam.gov. (c) Submission of offers . Signed and dated offers are due 20 April 2023, not later than 1:00 PM CST and must be submitted via email to:
[email protected] and Jon-Vincent.S.Holden @usace.army.mil. Offers may be submitted in writing on letterhead stationery, or as otherwise specified in the solicitation. At a minimum, offers must include: (1) The solicitation number W912HZ23Q3450; (2) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This includes providing the terms of any standard warranty and technical support. This may include product literature, or other documents, if necessary; (3) Unit pricing and extended pricing for each item: State discount terms, if any; (4) Cage code and/or DUNS Number. (d) Late submissions, modifications, revisions, and withdrawals of offers - (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the designated government emails by the date and time designated in the solicitation; (2) Any offer, modification, revision, or withdrawal of an offer received after the exact date and time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; however, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted; and (3) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. (e) Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (f) Offers shall be made in accordance with the Description of Requirements (DOR) document provided in the solicitation. (g) Oral communications ARE NOT acceptable in response to this notice. (h) Technical Inquiries and Questions: All technical inquiries and questions relating to this solicitation are to be submitted via email to
[email protected] and Jon-Vincent.S.Holden @usace.army.mil. Offerors shall submit questions at least 2 days prior to the closing/response date of the solicitation in order to ensure adequate time is allotted to form an appropriate response and to amend the solicitation, if necessary. Offerors must review the specifications in their entirety and review the www.SAM.gov website for answers to questions prior to submission of an inquiry FAR 52.212-2 - Evaluation -- Commercial Items: (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. The following factors shall be used to evaluate offers: 1) Lowest Price 2) Technically Capability The Government will issue an award to the offeror whose quote is the Lowest Price that is determined to meet at least the minimum requirements to be determined Technically Capable. (1) Technically Capable is defined as the documented capability to meet the minimum requirements of the project as specified in this solicitation and the attached specifications, including evidence of the offeror's capability to provide the items specified and the ability to meet or exceed the specified delivery schedule. It is imperative that the offeror submit sufficient documentation and information for the Government to determine technical capability and quoted price. Failure to submit sufficient information for the Government to determine technical capability and quoted price may be cause for rejection of your quote. (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) The following FAR clauses and provisions may apply to this acquisition: 52.203-3 Gratuities 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.212-3 Offerors Representations and Certifications- Commercial Items 52.212-4 Contract Terms and Conditions - Commercial Items; 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Items 52.252-2 Clauses Incorporated by Reference Additionally, the following clauses/provisions located within FAR 52.212- 5 may apply to this acquisition: 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-6 Protecting the Government's Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.219-6 Notice of Total Small Business Set-Aside 52.219-28 Post Award Small Business Program Representation 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 Equal Opportunity for Workers with Disabilities 52.222-50 Combating Trafficking in Persons 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-34 Payment by Electronic Funds Transfer – Other than System for Award Management 52.233- 3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim The full text of these FAR clauses can be accessed electronically at website: https://www.acquisition.gov/browse/index/far The following DFARS Clauses and Provisions may be applicable to this acquisition: 252.203-7000 Requirement Relating to Compensation of Former DoD officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD officials 252.211-7003 Item Unique Identification and Valuation 252.204-7003 Control Of Government Personnel Work Product 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments 252.243-7001 Pricing Of Contract Modifications The full text of these DFARS clauses can be accessed electronically at website:https://www.acquisition.gov/dfars