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FBO DAILY ISSUE OF JULY 20, 2008 FBO #2428
SOLICITATION NOTICE

69 -- Sexual Assault Awareness DVDs and Guides

Notice Date
7/18/2008
 
Notice Type
Combined Synopsis/Solicitation
 
NAICS
512120 — Motion Picture and Video Distribution
 
Contracting Office
Department of the Air Force, Air Education and Training Command, Randolph AFB - 12th Contracting Office, 395 B Street West Suite 2, Randolph AFB, Texas, 78150-4525
 
ZIP Code
78150-4525
 
Solicitation Number
FPT448199A001
 
Archive Date
8/5/2008
 
Point of Contact
Darren J Sinclair,, Phone: 652-5117
 
E-Mail Address
darren.sinclair@randolph.af.mil
 
Small Business Set-Aside
N/A
 
Description
The 12th Contracting Squadron at Randolph AFB intends to negotiate on a sole-source basis with Intermedia, 1818 Westlake Ave North, Suite 408 Seattle WA 98109. This acquisition is proprietary in nature and is for Training and guidance material in support of the Sexual Assault Response Coordinator (SARC) program. This is a streamline combined/synopsis/solicitation for a commercial item prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information included in this notice. This notice constitutes the only notice. A written solicitation will not be issued. This requirement is issued as a request for quote to Intermedia. The solicitation document and incorporated provisions and clauses are those in effect the Federal Acquisition Circular 2005-26. The NAICS Code is 512120; size standard $27.0 M. IAW 10 U.S.C. 2304c (1), as implemented by FAR Part 6.302-1 – Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. A Firm Fixed Priced Award will be made. SOLE SOURCE NATURE OF ACQUISITION: Intermedia videos and guides meet the training requirements outlined by AF Sexual Assault Prevention and Response Policy and DoDDI 6490.2, Sexual Assault Prevention and Response Program. This requirement is for the purchase of 175“ I NEVER THOUGHT IT WAS RAPE” DVD, (part # IN07); 175 “SCARS” DVD, (part # SC01); 175“A QUESTION OF RAPE” GUIDE, (part # HE04); 120 “ HELP A SEXAUL ASSAULT SURVIVOR” GUIDE, (part # HE04); 120 “HELP A SEXAUL ASSAULT SURVIVOR” DVD, (part #HE03). The purpose of continuty in education products that will be used for training newly hired, current SARCs and volunteer Victim Advocates. Contractor shall provide all requested material by 29 Jul 08. CONTRACT TERMS AND CONDITIONS: The following provisions apply: 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. Offerors are reminded that Representations and Certifications are to be maintained at the following website: http://orca.bpn.gov/publicsearch.aspx. In the event Representations and Certifications are not on file, Offerors must include a completed copy of the provisions at FAR 52.215-5 -- Facsimile Proposals 52.252-1 -- Solicitation Provisions Incorporated by Reference. 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 my be accessed electronically at this address: http://farsite.hill.af.mil 52.212-1 -- Instructions to Offerors -- Commercial Items The following clauses apply: 52.212-4 -- Contract Terms and Conditions -- Commercial Items. 52.212-4 -- Contract Terms and Conditoins -- Commercia Items Addendum. Paragraph (c) of this clause is tailored as follows: (c) Changes. Changes in terms and conditions of this contract may be only made by written agreement of the parties, with the exception of: (1) Administrative changes such as paying office, appropriation data, etc., which may be changed unilaterally by the Government. Paragraph (n) of this clause is tailored as follows: (n) Title. Unless specified elsewhere in this contract, title to items furnished by this contract shall pass to the government upon acceptance, regardless of when or where the Government takes physical possession. Title of commercially-available-off-the-shelf (COTS) software is exempt from this paragraph. The terms and conditions of the software licensing agreement shall prevail in lieu thereof. FAR 52.212-5 -- CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2008) (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 paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause.(i) 52.219-8, Utilization of Small Business Concerns (May 2004)(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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.(ii) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).(iii) 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).(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (v) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vi) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (viii) 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.) (ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements ``(Nov 2007)'' (41 U.S.C. 351, et seq.)(x) 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. 52.212-5 -- Contract Terms and Conditions Required to Implement Statues or Executive Orders -- Commercial Items, with these additional FAR clauses marked: 52.219-8 – Utilization of Small Business Concerns. 52.222-3 -- Convict Labor. 52.222-21 -- Prohibition of Segregated Facilities. 52.222-6 -- Equal Opportunity. 52.222-35 -- Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. 52.222-36 -- Affirmative Action for Workers with Disabilities. 52.222-37 -- Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. 52.225-13 -- Restrictions on Certain Foreign Purchases. 52.232-33 -- Payment by Electronic Funds Transfer--Central Contractor Registration. 52.222-41 -- Service Contract Act of 1965. END OF CLAUSES MARKED FOR 52.212-5 52.233-3 -- Protest After Award ( Aug 1996)(31 U.S.C. 3553) 52.233-4 – Applicable Law for Breach of Contract Claim ( Oct 2004)(Pub. L. 108-77, 108-78) 52.223-5 -- Pollution Prevention and Right-to-Know Information. 52.223-6 -- Drug Free Workplace. 52.232-1 -- Payments. 52.237-2 -- Protection of Government Buildings, Equipment and Vegetation. 52.252-2 -- Clauses Incorporated by Reference (Feb 1998). The full text of this clause may be accessed electronically at: http://farsite.hill.af.mil. 252.204-7004 -- Central Contractor Registration Alternate A 252.212-7000 -- Offeror Representations and Certifications - Commercial Items -- (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. 252.212-7001 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items, with these additional clauses marked: 252.232-7003 -- Electronic Submission of Payment Requests. END OF CLAUSES MARKED FOR 252.212-7001 252.225-7031 -- Secondary Arab Boycott of Israel. 252.232-7010 -- Levies on Contract Payments. 252.243-7001 -- Pricing on Contract Modifications. 5352.201-9101 -- Ombudsman -- (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the AETC ombudsmen, Chief, Business Operations Branch, HQ AETC/A7KB, 2035 First Street West, Randolph AFB TX 78150-4304, 210-652-5815; facsimile 210-652-8348. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. Interested parties capable of providing the above must submit a written quote to include discount terms, tax identification number, cage code, and DUNS. To be eligible to receive an award resulting from this RFQ, contractors must be registered in the DoD Central Contractor Registration (CCR) database, no exceptions. To register, please visit http://www.ccr.gov or by calling 1-888-227-2423. Responses to this notice shall be provided in writing via e-mail to: Darren Sinclair, at darren.sinclair@randolph.af.mil and copied to Anthony Smith at anthony.smith2@randolph.af.mil All response shall be received NLT 12:00 PM CST on 21 Jul 08. Email is the preferred method. Point of Contact: Darren Sinclair, Contract Specialist, Phone 210-652-8591, Fax 210-652-2759; Anthony Smith, Contracting Officer, Phone 210-652-8592, Fax 210-652-2759.
 
Web Link
FedBizOpps Complete View
(https://www.fbo.gov/?s=opportunity&mode=form&id=9d74889ac9da3408e83e4720619f9ec9&tab=core&_cview=1)
 
Place of Performance
Address: OMNI LA Mansion, ATTN: Lt Col Denise Thompson, 112 College St, San Antonio, Texas, 78205, United States
Zip Code: 78205
 
Record
SN01617626-W 20080720/080718220858-9d74889ac9da3408e83e4720619f9ec9 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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