PRESOL | 15 | Upgrade with installation to six FLIR Star Safire HD cameras

FBO DAILY ISSUE OF MARCH 16, 2011 FBO #3399
SOLICITATION NOTICE

15 -- Upgrade with installation to six FLIR Star Safire HD cameras

Notice Date: 3/14/2011
Notice Type: Combined Synopsis/Solicitation
NAICS: 333315 — Photographic and Photocopying Equipment Manufacturing
Contracting Office: Department of Justice, Drug Enforcement Administration, Office of Acquisition Management, None, Washington, District of Columbia, 20537
ZIP Code: 20537
Solicitation Number: DJD-11-R-0020
Archive Date: 4/13/2011
Point of Contact: Elizabeth A. Bowers, Phone: 2023079358
E-Mail Address: elizabeth.a.bowers2@usdoj.gov
(elizabeth.a.bowers2@usdoj.gov)
Small Business Set-Aside: N/A
Description: U.S. Department of Justice Drug Enforcement Administration The U.S. Department of Justice, Drug Enforcement Administration (DEA) intends to issue a contract to the FLIR Systems, Inc. 27700A SW Parkway Ave, Wilsonville, OR 97070 for the acquisition of upgrade kit and installation for DEA FLIR camera upgrade. This contract will be for the purchase of six upgrade kits and installation for which the Government intends to solicit and negotiate only with FLIR Systems, Inc. under the authority 41 U.S.C. 253(c)(1) as implemented by FAR 6.302-1. A Justification for Other Than Full and Open Competition has been certified and approved. The justification will be posted after contract award. This Request for Proposal (RFP) is being issued as 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 RFP does not commit the government to pay any cost incurred in the submission of a proposal or to award a contract for these upgrades. It is also noted that the Contracting Officer is the only individual who may legally commit the Government to the expenditure of public funds in connection with this procurement. RFP number: DJD-11-R-0020 is issued as a sole source procurement. The applicable NAICS code is 333315 -Photographic and Photocopying Equipment Manufacturing), Size Standard 500. The Offeror will be evaluated based on: •1. Technical- •A. Conformity of specifications to the SOW 2. Past Performance, and 3. Price. This RFP document and incorporated provisions and clauses are those in effect through Federal Acquisitions Circular FAC 2005-49 issued 01/24/2011. This announcement constitutes the only RFP; proposals are being requested. This acquisition incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at https:// www.acquisition.gov. 52.212-1 Instructions to Offerors - Commercial Items (Jun 2008), 52.212-2 Evaluation - Commercial Items (Jan 1999), 52.212-3 Offeror Representations and Certifications - Commercial Items (Jan 2011), 52.212-4 Contract Terms and Conditions - Commercial Items (June 2010), and 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2011). The Government anticipates award of a single Firm Fixed Priced Contract. All questions regarding this RFP shall be submitted in writing via email to Contract Specialist Elizabeth Bowers at elizabeth.a.bowers2@usdoj.gov by March 18, 2011 at 8:00 am EST. If necessary, an amendment with answers to questions will be issued to the offeror by March 22, 2011. The proposal must be received by March 29, 2011, at 8:00 am EST. The proposals shall be submitted via mail or email. (See RFP for additional information). •I. SCHEDULE OF SUPPLIES/SERVICES AND PRICE/COST Item No. Schedule of Supplies/Services Qty Unit Unit Price Total Amount 0001 HD Zoom and GEN II Laser Range Finder which includes installation Part Number: 4117954 plus HD Zoom "Soccer Ball 2" MOD which includes installation Part Number: 4115577 6 EA GRAND TOTAL •II. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 1.0 OVERVIEW The U.S. Drug Enforcement Administration (DEA) is a component of the Department of Justice (DOJ) and is the world's leading drug law enforcement agency. DEA is at the forefront in combating global drug trafficking, drug-related terrorism and other transnational crime. Every day DEA shut down criminal networks, seizes drugs, cash and assets from criminals and terrorists, and restores peace and safety to countless families. DEA's efforts have a tremendous impact on the war on drugs from fewer drugs on the street, to millions of dollars kept out of the hands of criminals and terrorists, to fewer drugs in the hands of children, and less violence in our communities. In order to meet this mission, the use of aviation resources is critical. The aviation services provided by the Office of Aviation (OA) includes, but is not limited to aerial surveillance, intelligence gathering, flight training, special operations, cargo delivery, personnel transport, administrative and maintenance operations. In addition to domestic operations, OA operates outside the United States in cooperation with individual host countries, and as such, conducts flight missions the nature of which varies from country-to-country. 1.1 PURPOSE DEA owns six (6) FLIR Star Safire HD cameras with a fixed field of view for aerial surveillance. This requirement is to upgrade each camera system with High Definition Zoom sensor and a Laser Range Finder. 2.0 SPECIFIC REQUIREMENTS The upgrade features for the FLIR Star Safire HD camera shall contain the ability to: a. Zoom control including digital zoom on/off b. Auto and manual focus c. Auto and manual exposure d. Near-IR filter in/out 3.0 PERIOD OF PERFORMANCE The period of performance shall be for 31 weeks from time of contract award. 4.0 DELIVERY The government will send to the contractor one camera at a time for upgrade. Upon receipt, the contractor will upgrade and return the camera within 4 weeks. Once a camera is accepted by the government, the next camera will be sent until all six (6) cameras have been successfully upgraded. The contractor shall notify the Contracting Officer's Technical Representative (COTR), Contracting Officer (CO) and the Contract Specialist (CS) via e-mail upon receipt of each individual camera upgrade. Upon receipt of this notification, the COTR will send an e-mail to the contractor (and will cc the CO & CS) identifying the specific delivery destination for each upgraded camera. The COTR and the CS shall maintain hard copies of these e-mails in their contract file folders. The different delivery destinations for the upgraded camera are Fort Worth, Texas, Atlanta, Georgia, Fort Lauderdale, Florida, Phoenix, Arizona, and San Diego, California. The government will send each camera to the following point of contact and address: Name: _________________________________ Title: _________________________________ Address: _________________________________ _________________________________ Telephone: _________________________________ Email: _________________________________ CAMERA DELIVERY SCHEDULE Item Delivery Time Destination Camera 4 weeks to include delivery to the government TBD Camera 4 weeks to include delivery to the government TBD Camera 4 weeks to include delivery to the government TBD Camera 4 weeks to include delivery to the government TBD Camera 4 weeks to include delivery to the government TBD Camera 4 weeks to include delivery to the government TBD 5.0 INSPECTION AND ACCEPTANCE Inspection and acceptance for the equipment shall be conducted at the delivery destination. 6.0 WARRANTY In addition to the Original Equipment Manufacturers (OEM) warranty for the camera, the contractor shall warrant all work conducted pursuant to the SOW for a period of six (6) months. 7.0 SECURITY In the current form there is no security requirements needed. However, if this RFP is modified or changed where the contractor will require access to DEA facilities, DEA systems, or access to classified/DEA Sensitive information a modification will be required. The Office of Security Programs, Personnel Security Section holds the final determination on all contractors' suitability and access to DEA. Under no circumstances will contractors be allowed access to national security information, classified systems, or classified information. The contractor's personnel must be escorted by a DEA employee at all times during visits to a DEA facility. •III. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES 1. FAR 52.212-5: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (JAN 2011) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 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) ). (2) 52.233-3, Protest After Award ( Aug 1996) ( 31 U.S.C. 3553 ). (3) 52.233-4, Applicable Law for Breach of Contract Claim ( Oct 2004 ) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) ( 41 U.S.C. 253g and 10 U.S.C. 2402 ). ___ (2) 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 )). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) ( 31 U.S.C. 6101 note ). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) ( 31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items). __ (7) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) ( 15 U.S.C. 657a ). __ (8) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a ). __ (9) [Reserved] __ (10)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Oct 1995) of 52.219-6. __ (iii) Alternate II (Mar 2004) of 52.219-6. __ (11)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) ( 15 U.S.C. 644 ). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. _X_ (12) 52.219-8, Utilization of Small Business Concerns (Jan 2011) ( 15 U.S.C. 637(d)(2) and (3)). _X_ (13)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) ( 15 U.S.C. 637(d)(4) ). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (14) 52.219-14, Limitations on Subcontracting (Dec 1996) ( 15 U.S.C. 637(a)(14) ). _X_ (15) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) ( 15 U.S.C. 637(d)(4)(F)(i) ). __ (16)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns ( Oct 2008 ) ( 10 U.S.C. 2323 ) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (17) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323 ). __ (18) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323 ). __ (19) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) ( 15 U.S.C. 657 f ). __ (20) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) ( 15 U.S.C. 632(a)(2) ). _X_ (21) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X_ (22) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126). _X_ (23) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (24) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (25) 52.222-35, Equal Opportunity for Veterans (Sep 2010)( 38 U.S.C. 4212 ). _X_ (26) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) ( 29 U.S.C. 793 ). _X_ (27) 52.222-37, Employment Reports on Veterans, (Sep 2010) ( 38 U.S.C. 4212 ). _X_ (28) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (29) 52.222-54, Employment Eligibility Verification ( Jan 2009 ). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (30)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962 (c)(3)(A)(ii) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C) ). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (31) 52.223-15, Energy Efficiency in Energy-Consuming Products ( Dec 2007 ) ( 42 U.S.C. 8259b ). __ (32)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products ( Dec 2007 ) (E.O. 13423). __ (ii) Alternate I ( Dec 2007 ) of 52.223-16. _X_ (33) 52.223-18, Contractor Policy to Ban Text Messaging While Driving ( Sep 2010 ) (E.O. 13513). __ (34) 52.225-1, Buy American Act-Supplies (Feb 2009) ( 41 U.S.C. 10a-10d ). __ (35)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (June 2009) ( 41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138). __ (ii) Alternate I (Jan 2004) of 52.225-3. __ (iii) Alternate II (Jan 2004) of 52.225-3. __ (36) 52.225-5, Trade Agreements ( Aug 2009 ) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (37) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (38) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150 ). __ (39) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) ( 42 U.S.C. 5150 ). _X_ (40) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) ( 41 U.S.C. 255(f), 10 U.S.C. 2307(f) ). __ (41) 52.232-30, Installment Payments for Commercial Items (Oct 1995) ( 41 U.S.C. 255(f), 10 U.S.C. 2307(f) ). _X_ (42) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) ( 31 U.S.C. 3332 ). __ (43) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) ( 31 U.S.C. 3332 ). __ (44) 52.232-36, Payment by Third Party (Feb 2010) ( 31 U.S.C. 3332 ). __ (45) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a ). __ (46)(i) 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 ). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph(c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [ Contracting Officer check as appropriate. ] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) ( 41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) ( 29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) ( 29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) ( 29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) ( 41 351, et seq. ). __ (6) 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. ). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) ( 31 U.S.C. 5112(p)(1) ). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 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. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) 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 (Dec 2010) ( 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 $650,000 ($1.5 million 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) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause." 2. FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008) 3. FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (JUN 2008) 4. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (JUN 2010) 5. FAR 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) (APR 2003) 6. FAR 52.247-34 F.O.B. DESTINATION (NOV 1991) 7. FAR 52.246-2 INSPECTION OF SUPPLIES-FIXED PRICE (AUG 1996) •IV. ADDITIONAL TERMS AND CONDITIONS 1. JAR 2852.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) (JAN 1985) (a)______TBD______, of the Drug Enforcement Administration (DEA), Aviation Division, 2300 Horizon Drive, Ft. Worth, TX 76177-5300, (T) 817-837-XXXX is hereby designated to act as Contracting Officer's Technical Representative (COTR) under this contract. (b) The COTR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment. (c) The COTR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes. (End of Clause) 2. DEA-2852.232-84 INVOICE REQUIREMENTS (DEC 2008) (a) The contractor shall submit scanned or electronic images of invoice(s) to the following email address:, with copies to and. The date of record for invoice receipt is established on the day of receipt of the email if it arrives before the end of standard business hours (5 p.m. local), or the next business day if the invoice arrives outside of normal business hours. Scanned documents with original signatures in.pdf or other graphic formats attached to the email are acceptable. Digital/electronic signatures and certificates cannot be processed by DEA and will be returned. (b) In addition to the items required, the invoice should also include: (1) Total/cumulative charges for the billing period for each Contract Line Item Number (CLIN); (2) Dates upon which items/services were delivered; (3) The Contractor's Taxpayer Identification Number (TIN); and (4) A statement signed by a responsible official of the concern substantially similar if not identical to the following: _________________________________________________ Contractor's Signature Date <input size="75" type="text" value="[Printed Name/Title/Company/Telephone Number]" /> (Printed Name/Title/Company/Telephone Number) (c)Invoices will be rejected if they do not display/open/execute properly, are not legible, or if they do not contain the required information or signatures for processing. (End of Clause) 3. DEA-PG.0001 CONTRACT ADMINISTRATION POINTS OF CONTACT (JUL 2008) Contract administration for the DEA will be performed by: U. S. Department of Justice Drug Enforcement Administration Office of Acquisition Management (FA) Contract Specialist/telephone #/email - Elizabeth Bowers (202) 307-9358 ___Elizabeth.A.Bowers@usdoj.gov ________________________________ Contracting Officer/telephone #/email - Eliana Zavala (202) 307-7812___ ___Eliana.M.Zavala@usdoj.gov ___________________________________ Contracting Officer's Technical Representative (COTR): See JAR 2852.201-70 Contract administration for the contractor shall be performed by: Name __________________________________________________ Title __________________________________________________ Address __________________________________________________ Telephone __________________________________________________ E-Mail __________________________________________________ The named contract administrator shall be the point of contact for addressing invoice issues, questions, and other related payment matters. (End of Clause) 4. DEA-2852.242-70 CONTRACTOR PERFORMANCE ASSESSMENT (NOV 2010) Pursuant to FAR subpart 42.15, the Government will assess the contractor's performance under this contract and submit reports of the results of such assessments to the Past Performance Information Retrieval System (PPIRS) by means of the Contractor Performance Assessment Reporting System (CPARS), which is the approved feeder system for PPIRS. Additional information on CPARS may be found at www.cpars.csd.disa.mil/cparsmain.htm and on PPIRS at www.ppirs.gov. Performance assessment information may be used for decision making on exercise of options, source selection, and other purposes, and will be made available to other federal agencies for similar purposes. For contracts that include the clause at 52.219-9, Small Business Subcontracting Plan, contractor performance assessments will consider performance against and efforts to achieve small business subcontracting goals set forth in the small business subcontracting plan. For any contract with a performance period exceeding 18 months, inclusive of all options, the Government will perform interim contractor performance assessments annually and a final contractor performance assessment upon completion of the contract. The Government will prepare contractor performance assessment reports electronically using CPARS. The contractor will have access to CPARS to review performance assessments. The contractor shall designate a CPARS point-of-contact for each contract subject to performance assessment reporting. Upon setup of a contract in CPARS, the contractor's CPARS point-of-contact will receive a system-generated e-mail with information and instructions for using CPARS. Prior to finalizing any contractor performance assessment, the contractor shall be given a minimum of 30 days to review the report and submit comments, rebutting statements, or additional information. Disagreements between the contractor and the Government performance assessment official will be resolved by a Government reviewing official, whose decision on the matter will be final. Upon finalization of each contractor performance assessment, CPARS will feed the performance assessment data to PPIRS. The Government will also report in the Federal Awardee Performance and Integrity Information System (FAPIIS) module of PPIRS information related to: (i) A Contracting Officer's final determination that a contractor has submitted defective cost or pricing data; (ii) Any subsequent change to a final determination concerning defective cost or pricing data pursuant to 15.407-1(d); (iii) Any issuance of a final termination for default or cause notice; or (iv) Any subsequent withdrawal or a conversion of a termination for default to a termination for convenience. (End of Clause) 5. DEA-PD.0001 GENERAL PACKAGING AND MARKING REQUIREMENTS (AUG 2008) Packaging and packing for all items (includes written materials, reports, presentations, etc.) delivered hereunder shall be in accordance with common commercial practices, adequate to insure protection from possible damage resulting from improper handling, inclement weather, water damage, excessive heat and cold, and to insure acceptance by a common carrier for safe delivery to its final destination. All deliverables shall clearly indicate the contract number and task order number, as appropriate, on or adjacent to the exterior shipping label. The Contractor shall mark/stencil all shipping container(s) with the information described on the parentheses below: (Agency) (Description of Contents) (Contract No.) (Contractor's Name and Address) 6. TYPE OF CONTRACT The Government contemplates award of a Firm Fixed Price type contract from this solicitation. 7. JAR 2852.233‑70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE (JAN 1998) (a) The following definitions apply in this provision: (1) " Agency Protest Official " means the official, other than the Contracting Officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice. (2) " Deciding Official " means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official. (3) " Interested Party " means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract. (b) A protest filed directly with the Department of Justice must: (1) Indicate that it is a protest to the agency.(2) Be filed with the Contracting Officer. (3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest. (4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official. (5) Include the information required by FAR 33.103(d)(2): (i) Name, address, facsimile number and telephone number of the protestor. (ii) Solicitation or contract number. (iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor. (iv) Copies of relevant documents. (v) Request for a ruling by the agency. (vi) Statement as to the form of relief requested. (vii) All information establishing that the protestor is an interested party for the purpose of filing a protest. (viii) All information establishing the timeliness of the protest. (c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest. (d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest. (e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties. (f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official. (g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practical. (h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest. (i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over‑ridden, remains in effect until the protest is decided, dismissed, or withdrawn. (j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written. (k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice. (End of Provision) 8. FAR 52.233-2 SERVICE OF PROTEST (SEPT 2006) (a) Protests, as defined in section 31.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Eliana Zavala at 8701 Morrissette Drive, Springfield, VA 22152. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 9. OTHER INFORMATION/INSTRUCTIONS General Instructions Proposals shall conform to the Request for Proposal provisions and be prepared in accordance with this section. Proposals shall be clearly and concisely written as well as being neat, indexed, and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the offeror, the date, and RFP number. The offeror shall submit one (1) original proposal, marked as such and one (1) copy. Each Volume shall be clearly marked by the volume number and title. The offeror shall also submit its proposal in Microsoft Office compatible file by mail or by email to Elizabeth.A.Bowers2@usdoj.gov and only the technical proposal shall also be submitted to Gary.L.Ellsworth@usdoj.gov. Proposal Volumes The proposal shall be prepared in two parts: •1. Technical Proposal •2. Price Proposal Each part must be bond separately. Offerors are cautioned that evaluations of each part will be conducted independently of the other. Therefore, if the required content is not present in the part being evaluated, it will not be considered. 1. Technical Proposal (1) General - The Technical Proposal consists of the offeror's addressing the requirements of the SOW. It shall indicate the company's capabilities and the means to be used to satisfy the requirements of the Specifications. It will be evaluated in accordance with the criteria contained in the Evaluation and Award Criteria. The proposal shall be specific and complete in every detail. The proposal shall be typed, double-spaced, with one inch margins, using Times New Roman font, 12 pitch type (Or Equivalent) and printed, unreduced in size, on 81/2" by 11" paper, not exceeding 100 pages, single sided with the exclusion of illustration and related corporate experience. Any pages in excess of the page limitation will be disregarded, and will not be included in the proposal evaluation. (2) Past Performance A. Offerors shall submit the following information in all copies of the technical proposal for both the Offeror and all subcontractors: 1. A list of the last three (3) contracts completed during the past three (3) years and all contracts currently in process that are representative of the Offeror's capability to perform the services described herein. Contracts listed may include those entered into by the Federal Government, agencies of state and local Governments and commercial customers. Offeror's that are newly formed entities without prior contracts should list contracts and subcontractors as required above for all key personnel. Include the following information for each contract: •a. Name, address, facsimile and telephone number of each contracting organization/customer and name and facsimile and telephone number of the Project Officer and Contracting Officer; •b. Contract numbers, types and total contract dollar values; •c. Periods of performance including the original planned completion date and actual completion date with an explanation for any variance; •d. Discussion of the similarities and differences between this proposed effort and the specifications of those contracts; •e. Brief description of the expectations and scopes of each of the other contracts; 2. The Offeror may provide information on problems encountered on the contracts identified above and corrective actions taken to resolve those problems. Offerors should not provide general information on their performance on the identified contracts. General performance information will be obtained from the evaluation forms. 3. The Offeror may describe any quality awards or certifications that indicate the Offeror possesses a high-quality process for developing and producing the product or service required. Identify what segment of the company (one division or the entire company) that received the award or certification. Describe when the award or certification was bestowed. If the award or certification is over three years old, present evidence that the qualifications still apply. 4. Offerors shall also discuss their experiences with termination actions over the past three years (3) years and identify and explain any contract termination for default or convenience of the Government and reasons why such actions were taken. 5. The Contractor Performance Form shall be completed by those contracting organizations listed in (1) above. The evaluation forms shall be completed and included with the proposal. 6. Offerors may include a listing of their relevant contracts that are available within the NIH PPIRS system for review. This may be in addition to or instead of the above, as long as all contracts listed in (1) above are provided. 7. The Government reserves the right to contact any of the references provided for clarification. •2. Price Proposal Offerors must submit a price proposal in accordance with the Schedule of Supplies/Services and Price/Cost Section. The Government shall determine price reasonableness. •3. Compliance with Instructions When evaluating an offeror's capability to perform the prospective contract, the DEA will also consider compliance with these instructions. The Government will consider an offeror's noncompliance with these instructions, or any attempt to evade the requirements imposed by these instructions, as indicative of conduct the Government may expect from the offeror during contract performance. The Government reserves the right to treat noncompliance with these instructions as a risk, and may treat such a risk as grounds to eliminate any vendor from award consideration. •4. Expenses Related to an Offerors Submission The Government will not pay any costs incurred in the preparation and submission of any proposals. •5. Determination of Contractor Responsibility Separate and independent of this evaluation, the Contracting Officer will make a determination of responsibility using the standards listed in FAR 9.104-1. In the event an offeror is deemed not responsible, that offeror will be notified and removed from participation in this procurement. •6. Proposal Submission Proposals are due by: Tuesday, March 29, 2010 08:00 AM EST Mail Proposals to the following address: Drug Enforcement Administration Office of Acquisition Management Attn: Elizabeth Bowers (E-8367-FAC) RFP: DJD-11-R-0020(DO NOT OPEN) 8701 Morrissette Drive Springfield, VA 22152 AND Drug Enforcement Administration Office of Acquisition Management Aviation Division Attn: Gary Ellsworth RFP: DJD-11-R-0020(DO NOT OPEN) 2300 Horizon Drive FT. Worth, TX 76177-5300 (Technical Proposal ONLY) OR Email: elizabeth.a.bowers2@usdoj.gov gary.l.ellsworth@usdoj.gov (Technical Proposal ONLY) •6.0 Submission of Questions All questions regarding the RFP must be issued in writing to Elizabeth Bowers at elizabeth.an.bowers2@usdoj.gov. Questions must identify the applicable section, page number and paragraph. The Government will provide to all offerors a listing of all questions received with the Governments responses in the form of an amendment to the RFP. The deadline for questions will be Friday, March 18, 2010 08:00 AM EST. Any questions received after this date may not be answered. 10. FAR 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) •(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, price and other factors considered. The proposal will be evaluated utilizing the following evaluation criteria. The evaluation shall be based on the demonstrated capabilities of the prospective Contractor in relation to the Statement of Work as set forth in the RFP. The following criteria are those that shall be applied in the evaluation of your technical proposal: 1. Technical-Conformity of specifications to the SOW 2. Past Performance - Provide evidence of past performance for same or similar size project including contact names and telephone numbers for the last (3) years. Performance information will be used for both responsibility determinations and as an evaluation factor. The Government will collect information from references provided by the offeror in regard to its past performance. The Government may contact references other than those identified by the offeror, and the information received will be used in the evaluation of the offeror's past performance. Additionally, the evaluation may include assessment of data in existing Government databases, data from cognizant procuring and contract administration officers, and by contacting other customers of the offeror to obtain feedback regarding the timeliness and quality of past performance. The purpose of the past performance evaluation is to allow the Government to assess the risk level associated with the offeror's ability to perform the effort described in the statement of work, based on the offeror's demonstrated present the past performance. The assessment process will result in an overall risk rating of Low Risk, High Risk, or Neutral. Past performance regarding predecessor companies, personnel who have relevant experience, or sub-contractors that will perform major critical aspects of the requirement will not be rated as highly as past performance information for the prime contractor. Offeror's with no relevant past or present performance history shall receive the rating of "neutral," meaning the rating is treated neither favorably nor unfavorably. 3. Price- A determination will be made that the Offerors proposed price is fair and reasonable. The evaluation factors are listed in descending order of importance. Technical and past performance, when combined, is equal in importance when compared to price. (b) Options. 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). (c) 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) 11. FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (JAN 2011) 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 only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation" means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2) ) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201 ), except for paragraphs ______________. [ Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. ] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it o is, o is not a small business concern. (2) Veteran-owned small business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it o is, o is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [ Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it o is, o is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is, o is not a women-owned small business concern. Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold. (6) Women-owned business concern (other than small business concern ). [ Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o is a women-owned business concern. (7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. [ Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.] (i) [ Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs). ] The offeror represents as part of its offer that it o is, o is not an emerging small business. (ii) [ Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs). ] Offeror represents as follows: (A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or (B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts). ( Check one of the following ): Number of Employees Average Annual Gross Revenues __ 50 or fewer __ $1 million or less __ 51-100 __ $1,000,001-$2 million __ 101-250 __ $2,000,001-$3.5 million __ 251-500 __ $3,500,001-$5 million __ 501-750 __ $5,000,001-$10 million __ 751-1,000 __ $10,000,001-$17 million __ Over 1,000 __ Over $17 million (9) [ Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either- (A) It o is, o is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the database maintained by the Small Business Administration (PRO-Net), and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It o has, o has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [ The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (10) HUBZone small business concern. [ Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that- (i) It o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It o has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions ( 31 U.S.C. 1352 ). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the awardof any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [ List as necessary ] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [ List as necessary ] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [ List as necessary ] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [ List as necessary ] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [ List as necessary ] (4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [ List as necessary ] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689 ). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [ The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503 (b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [ If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [ The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies. ] [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4 (c)(1). The offeror o does o does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4 (c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003-4 (d)(1). The offeror o does o does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4 (d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) ( 26 U.S.C. 6109, 31 U.S.C. 7701 ). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government ( 31 U.S.C. 7701(c)(3) ). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108 ). (2) Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one. (o) Sanctioned activities relating to Iran. (1) Unless a waiver is granted or an exception applies as provided in paragraph (o)(2) of this provision, by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996. (2) The certification requirement of paragraph (o)(1) of this provision does not apply if- (i) This solicitation includes a trade agreements certification ( e.g., 52.212-3 (g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of provision) Alternate I (Apr 2002). As prescribed in 12.301 (b)(2), add the following paragraph (c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.) [ The offeror shall check the category in which its ownership falls ]: ____ Black American. ____ Hispanic American. ____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians). ____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru). ____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal). ____ Individual/concern, other than one of the preceding. Alternate II (Oct 2000). As prescribed in 12.301 (b)(2), add the following paragraph (c)(9)(iii) to the basic provision: (iii) Address. The offeror represents that its address o is, o is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the date of this solicitation. "Address," as used in this provision, means the address of the offeror as listed on the Small Business Administration's register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR Part 124, subpart B. For joint ventures, "address" refers to the address of the small disadvantaged business concern that is participating in the joint venture.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOJ/DEA/OAM/DJD-11-R-0020/listing.html)
Record: SN02400316-W 20110316/110314234513-2edc7af089718b5bad2c5cb6ff2a4271 (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 |

Loren Data's SAM Daily™

15 -- Upgrade with installation to six FLIR Star Safire HD cameras