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U -- Swank Education - RFQ - Attachment 3: Sole Source Justification

Notice Date
Notice Type
Combined Synopsis/Solicitation
611430 — Professional and Management Development Training
Contracting Office
Department of the Air Force, Air Mobility Command, 62nd CONS, 100 COL JOE JACKSON BLVD, SUITE 2001, P O BOX 4178, McChord AFB, Washington, 98438, United States
ZIP Code
Solicitation Number
Archive Date
Point of Contact
Jason M. Hewitt, Phone: 509-247-4868
E-Mail Address
Small Business Set-Aside
Attachment 3: Sole Source Justification RFQ Synopsis/Solicitation FA4620-11-Q-A025 Swank Educational Program This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Parts 12 and 13.5 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. This solicitation is a request for a sole source procurement of online testing and evaluation program from Swank Motion Pictures. This training system shall be procured for the 92nd Medical Group at Fairchild AFB no later than 30 days ADC FOB destination. Solicitation FA4620-11-Q-A025 is issued as a request for quote, utilizing Simplified Acquisition Procedures in FAR Part 13. The solicitation document and incorporated provision and clauses are those in effect through Federal Acquisition Circular 2005-47 effective 13 Dec 2010. The North American Industry Classification System Code is 611430 and the size standard is $7,000,000. This acquisition is issued as a sole source and will be solicited on an unrestricted basis. Unit Small Business Specialist is Michael P. Gilbert (509-247-4880). The link to the United States Air Force small business website is http://www.selltoairforce.org. The link to the Small Business Administration is http://sba.gov. Quotes are due no later than Tuesday January 04, 2011 at 10:00 AM Pacific Standard Time. Upon award, payment for delivered services will be through the Department of Defense invoicing system; Wide Area Workflow (Attach 2). The following FAR provisions apply to this acquisition: 52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998) 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): http://farsite.hill.af.mil http://arnet.gov/far (End of Provision) FAR 52.212-1 Instructions to Offerors - Commercial Items (Jun 2008), Addendum to FAR Clause 52.212-1: Proposals shall include the following two (2) items. 1) Price Schedule (Attachment 1). Offeror shall complete all required fields. 2) Completed Representations and Certifications as required in FAR 52.212-3 with Alt 1(accessible at the Air Force Site, http://farsite.hill.af.mil) and DFAR 252-212-7000 or ORCA. Proposal Submission: Proposals are due 04 January by 10:00 AM PST. Quote may be faxed in accordance with FAR 52.214-31, Facsimile Bids (Dec 1989) to SSgt Jason Hewitt at (509) 247-8685. Electronic commerce method authorized by the solicitation, per FAR 15.208(b)(1)(i), received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals. Emailed to jason.hewitt.1@us.af.mil AND melissa.kinzner@us.af.mil. Or mailed to 110 W. Ent St. Suite 200, Fairchild AFB, WA 99011-8568. Point of Contact: SSgt Melissa Kinzner, Contracting Officer. Phone (509) 247-4403, e-mail melissa.kinzner@us.af.mil or SSgt Jason Hewitt, Contracting Specialist. Phone 509-247-4868, email jason.hewitt.1@us.af.mil. 52.212-2 -- Evaluation -- Commercial Items. (Jan 1999) (a) The Government will award a firm fixed price 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: Price. (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. FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (Oct 2010), with Alternate I (Apr 2002) DFAR 252.212-7000 Offeror Representations and Certifications--Commercial Items. (Jun 2005) (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). (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. The following FAR clauses apply to this acquisition and will be incorporated into any resultant purchase order. CLAUSES INCORPORATED BY REFERENCE 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 a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil 52.252-2 Clauses Incorporated by Reference Feb 1998 52.204-7 Central Contractor Registration Apr 2008 52.204-9 Personal Identity Verification of Contractor Personnel Sep 2007 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment Sep 2006 52.212-4 Contract Terms and Conditions-Commercial Items Oct 2003 52.242-13 Bankruptcy Jul 1995 52.246-4 Inspection of Services-Fixed Price Aug 1996 252.203-7002 Requirement to Inform Employees of Whistleblower Rights Jan 2009 252.204-7003 Control of Government Personnel Work Product Apr 1992 252.237-7018 Special Definitions of Government Property Dec 1991 CLAUSES INCORPORATED BY FULL TEXT 52.212-5 -- 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. (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)(i) 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 (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. (iii) Reserved. (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) Reserved (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 (Jan 2009). (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) 52.217-8 Option to Extend Services (Nov 1999) - The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor no later than 15 days prior to contract completion. (End of Clause) 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (NOV 2010) (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) _X___ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181). (14)(i) __X__ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JUL 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). (19) __X__ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). (25)(i) __X__ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (iv) __X__ Alternate III (MAY 2002) of 252.247-7023. (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (4) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (End of clause) 5352.201-9101 OMBUDSMAN (APR 2010) 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 Center/MAJCOM or AFISRA ombudsmen, Mr. Michael R. Jackson, HQ AMC/A7K, 507 Symington Drive, Scott AFB IL 62225-5022, (618) 229-0267, fax (618) 256-6668, email: Michael.jackson@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or ARISRA 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. (End of Clause) Attachments: 1) Pricing Schedule 2) Wide Area Work Flow Instructions 3) Sole Source Justification Attachment 1: Pricing Schedule Pricing Schedule Item Details Unit Quantity Total Online Testing and Evaluation Program from Swank Motion Pictures Lumb Sum 1 tiny_mce_marker_________ Attachment 2: Wide Area Work Flow Instructions WIDE AREA WORKFLOW - RECEIPT AND ACCEPTANCE (WAWF-RA) ELECTRONIC RECEIVING REPORT AND INVOICING INSTRUCTIONS IN ACCORDANCE WITH DFARS 232.7002, USE OF ELECTRONIC PAYMENT REQUESTS IS MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND ALLOW YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR FEES TO USE WAWF. Requests for payments must be submitted electronically via the Internet through the Wide Area WorkFlow - Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil. Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS) Limestone through the DFAS Centralized Customer Service number (800) 756-4571 (select option 2) or faxed to (866) 392-7091. Please have your order number and invoice number ready when contacting DFAS about payment status. You can also access payment information using the DFAS myInvoice web site at. THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR RECEIVING REPORTS, INVOICES AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF. CONTRACT NUMBER: ** TYPE OF DOCUMENT: COMBO CAGE CODE: ** ISSUE BY DODAAC: FA4620 ADMIN DODAAC: FA4620 SERVICE ACCEPTOR / SHIP TO: F1X4MG PAY OFFICE DODAAC: F67100 SEND MORE E-MAIL NOTIFICATIONS: CONTRACT ADMINISTRATOR: Jason.hewitt.1@us.af.mil CONTRACTING OFFICER: Melissa.kinzner@us.af.mil ver 05.21.2006 Attachment 3: Sole Source Justification
Web Link
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Place of Performance
Address: Fairchild AFB, Washington, 99001, United States
Zip Code: 99001
SN02351104-W 20101230/101228233603-4d6ca100c2727184da59334c50c1da90 (fbodaily.com)
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