SOLICITATION NOTICE
59 -- Battery and Battery Packs Indefinite Delivery Indefinite Quantity Contract - Battery Specifications
- Notice Date
- 8/3/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 335912
— Primary Battery Manufacturing
- Contracting Office
- Department of Homeland Security, Immigration & Customs Enforcement, ICE-OAQ-MS, 801 I Street, NW, Suite 910, Washington, District of Columbia, 20536-0001, United States
- ZIP Code
- 20536-0001
- Solicitation Number
- VHQTECH0056
- Archive Date
- 8/29/2009
- Point of Contact
- Alice M. Hancock, Phone: 2149055458
- E-Mail Address
-
alice.hancock@dhs.gov
(alice.hancock@dhs.gov)
- Small Business Set-Aside
- HUBZone
- Description
- Battery Pack drawing Batter Specifications SYNOPSIS: This is a combined synopsis/solicitation 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; quotations are being requested and a written solicitation will not be issued. The solicitation number is TECH0056 and is a Request for Quotations (RFQ). The award will be issued using Simplified Acquisition Procedures in accordance with FAR Part 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-35. This acquisition is posted as a HUBZone Small Business set aside. Proposals will only be accepted from firms that are certified with the Small Business Administration as a HUBZone small business concern. The NAICS code for this requirement is 335912, Primary Battery Manufacturing. The size standard is 1000 employees. The Government anticipates awarding one firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contract for a one year base period and four one-option option periods for Freight On Board (FOB) Destination delivery of the items listed below. 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: (1) Technical Acceptability (Pass/Fail basis) (2) Price (3) Delivery Time Technical Acceptability: New batteries/packs meeting the specifications identified below. If an “equal” brand item is proposed, the offeror shall submit technical data and a sample of each item proposed, that shall not be returned to the contractor, for Government verification of the “equal” status. Price: Offerors shall provide a firm fixed price for each item, for each performance period (base year and four one-year option periods). Prices shall include shipping/delivery charges and any other costs for that item. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Delivery Time: The contractor shall propose the delivery time they commit to make in terms of number of days after receipt of order. 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. Items Required: 1. SAFT LSH14 (or equal) 3.6 Volt 5800MAH battery with tabs (see specifications) 2. SAFT LSH20 (or equal) 3.6 Volt 1400MAH battery with tabs (see specifications) 3. Battery packs consisting of four SAFT LSH14 (or equal) 3.6 Volt 5800MAH batteries (see specifications and drawing) Items will be ordered by the issuance of delivery orders by a Department of Homeland Security (DHS)/Immigrations and Customs Enforcement (ICE) Contracting Officer against this contract. Delivery locations shall be identified with each delivery order. All delivery locations will be within the continental United States. The minimum guarantee for orders against this contract shall be $70,000.00 over the life of the contract. Historical data: Over the past two years, this organization has purchased approximately: 1000 each battery packs per year 600 each 3.6VOLT 5800MAH batteries per year 300 each 3.6VOLT 14000MAH batteries per year The contractor shall adhere to all Federal, State and Local regulations regarding shipping requirements. Contractor’s shall review, complete and return a signed copy of the following provisions (included below) with their quote: HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates and FAR 52.212-3 Offeror Representations and Certification Commercial Items. Payment will be based on inspection and acceptance of the delivered product at destination. NOTE: See 52.204-7, Central Contractor Registration (CCR). A prospective awardee shall be registered in CCR prior to award. Information on registration may be obtained at: http:///www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. All vendors must complete the electronic version of the Online Representations and Certifications (ORCA) at: http://www.bpn.gov and clicking on the online Reps and Certs Application. All responsible sources interested in responding to this RFQ must respond no later than 3:00 PM Central Standard Time on August 14, 2009. Faxed and e-mailed quotes will be accepted. Faxed quotes may be sent to the attention of Alice Hancock at 214-905-5568 and e-mailed quotes may be sent to alice.hancock@dhs.gov. Contractors are responsible for verifying receipt of their quotes. FAR 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 FAR and HSAR provisions and clauses may be accessed electronically at this address: http://farsite.hil.af.mil (End of clause). The following FAR provisions and clauses apply to this combined synopsis/solicitation and are incorporated by reference- 52.212-1 Instructions to Offerors Commercial Items (JUN 2008) 52.212-3 Offeror Representations and Certification Commercial Items (JUL 2009) NOTE: An Offeror shall complete only paragraph (b) 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 paragraphs (c) through (n) of this provision. 52.212-4 Contract Terms and Conditions, Commercial Items (MAR 2009) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders (JUN 2009) The following additional clauses under FAR 52.212-5(b) are applicable: 52.203-6, Restrictions on Subcontractor Sales to Government (Sep 2006) 52.219-3 Notice of Total HUBZone Set-Aside (Jan 1999) 52.219-8, Utilization of Small Business Concerns (May 2004) 52.219-14, Limitations on Subcontracting (Dec 1996) 52.219-28 Post Award Small Business Program Representation (Apr 2009) 52.222-3 Convict Labor (Jun 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (FEB 2008) (E.O. 13126) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) (E.O. 11246) 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) 52.222-36 Affirmative Action for Workers with Disabilities (Jun 1998) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) 52.225-1 Buy American Act--Supplies (Feb 2009) 52.225-13 Restriction on Certain Foreign Purchases (JUN 2008) 52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) 52.247-34 F.O.B. Destination (NOV 1991) The following FAR provisions and clauses apply to this combined synopsis/solicitation and are incorporated full text- 52.216-18 Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award through expiration of contract. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause) 52.216-19 -- Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of $499,999.99; (2) Any order for a combination of items in excess of $499,999.99; or (3) A series of orders from the same ordering office within seven days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of Clause) 52.216-22 -- Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.” (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after contract expiration. (End of Clause) 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor prior to expiration of the current contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of Clause) HSAR 3052.247-72, FOB Destination Only (Dec 2003) Offers are invited on the basis of f.o.b. destination only. Offers submitted on any other basis will be rejected as nonresponsive. (End of Provision) HSAR 3052.209-70 Prohibitions on Contracts with Corporate Expatriates (Jun 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for at least 80 percent each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of provision) Battery Specifications and Battery Pack drawing attached.
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/INS/ICE-OAQ-MS/VHQTECH0056/listing.html)
- Record
- SN01897502-W 20090805/090804000156-cefad9564991d1ffa22909b60d17fe6a (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's FBO Daily Index Page |