PRESOL | 65 | Fentanyl and Midazolam

FBO DAILY ISSUE OF SEPTEMBER 07, 2012 FBO #3940
SOLICITATION NOTICE

65 -- Fentanyl and Midazolam

Notice Date: 9/5/2012
Notice Type: Combined Synopsis/Solicitation
NAICS: 325991 — Custom Compounding of Purchased Resins
Contracting Office: Medcom Contracting Center North Atlantic, ATTN: MCAA NA Bldg T20, 6900 Georgia Avenue NW, Washington, DC 20307-5000
ZIP Code: 20307-5000
Solicitation Number: W91YTZ-12-T-0300
Response Due: 9/19/2012
Archive Date: 11/18/2012
Point of Contact: Christine Whipkey, 910-643-2284
E-Mail Address: Medcom Contracting Center North Atlantic
(christine.whipkey@us.army.mil)
Small Business Set-Aside: Total Small Business
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This is a notice of the Government's intent to solicit, negotiate and award a small business set-aside Blanket Purchase Agreement (BPA) for Womack Army Medical Center Pharmacy Department, located at Womack Army Medical Center (WAMC), 2817 Reilly Road, Fort Bragg, NC 28310. The Period of Performance is 1 October 2012 through 30 September 2014. Multiple BPAs may be issued. The requirement for this BPA is for the following items: CLIN; NDC; DESCRIPTION; BUD (DAYS); STORAGE CONDITION ; UNITS PER CASE; PRICE PER CASE; DELIVERY CHARGE PER CARTON; SHIPPING METHOD; COLOR LABEL 0001 24200-0252-44;fentaNYL 100mcg repackaged 2mL in a 3mL Syringe (50 mcg/mL); 90; Room Temperature & Protect from Light; 10; Fedex Rm Temp. 2-Express; Blue Label. 0002 24200-0432-04;fentaNYL 2mcg/mL/BUPIvacaine 0.125% packaged in 100mL 0.9% Sodium Chloride 100mL Bags; 90; Room Temperature & Protect from Light; 5; Fedex Rm Temp. 2-day Express; White Label. 0003 24200-0252-49;fentaNYL 250mcg repackaged 5mL in a 5mL Syringe (50mcg/mL);90; Room Temperature & Protect from Light;10;Fedex Rm Temp. 2-day Express; Blue Label 0004 24200-0252-69; fentaNYL 50mcg/mL repackaged 20mL in a 30mL Syringe; 90; Room Temperature & Protect from Light; 5; Fedex Rm Temp. 2- day Express; White Label. 0005 24200-0562-44; Midazolam 2mg in 2mL 0.9% Sodium Chloride in a 3mL Syringe (1mg/mL); 90; Room Temperature & Protect from Light; 10; Fedex Rm Temp Ground; White Label. 000624200-0542-44;59467-0070-08; Midalzolam 1mg/mL Injection x2mL syringe; 90; Room Temperature & Protect from Light;260; Fedex Rm Temp Ground. 000738779-1756-03; FentaNYL 50mcg/mL PF Injection x2mL vial; 90; Room Temp & Protrect from Light; Fedex Rm Temp Ground. The proposed contract action W91YTZ-12-T-0300 is for supplies for which the Government intends to solicit and negotiate with small businesses under the authority of FAR 19.502-5. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-57. No compatibles or substitutes accepted. Interested persons may identify their interest and capability to respond to the requirement and submit proposals. All proposals received after the date of publication of this synopsis will be considered by the Government. Submit proposals via email ONLY to Ms. Christine Whipkey at Christine.whipkey@us.army.mil no later than 19 September 2012 @ 12:00 PM EST. No telephonic request will be honored. The following provisions in their latest editions apply to this solicitation. FAR Clauses and provisions can be viewed at https://www.farsite.hil.af.mil. Vendors shall include a completed copy of FAR provision 52.212-3 Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive. Clause 52-212-4 Contract Terms and Conditions-Commercial items, applies to this acquisition to include any applicable addenda. 52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (FEB 2012) Addendum to 52.212-4 (u) The non-FAR Part 12 discretionary FAR, DFAR, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 for locations where full text can be found. 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (FEB 2012) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) 52.219-6 Notice of Total Small Business Set-Aside (NOV 2011) 52.219-8 Utilization of Small Business Concerns (JAN 2011) 52.219-28 Post-Award Small Business Program Representation (APR 2009) 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (JUL 2010) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) (EEO) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-50 Combating Trafficking In Persons (FEB 2009) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-33 Payment by Electronic Funds Transfer- Central Contractor Registration (OCT 2003) 52.232-36 Payment by Third Party (FEB 2010) (GPC) 52.232-37 Multiple Payment Arrangements (MAY 1999) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 252.203-7000 Requirements Relating to Compensation of Former DOD Officials (SEP 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (JAN 2009) 252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.225-7002 Qualifying Country Sources as Subcontractors (APR 2003) 252.225-7036 Buy American Free Trade Agreements-Balance of Payments Program (JUN 2012) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) 252.232-7010 Levies on Contract Payments (DEC 2006) CLAUSES INCORPORATED IN FULL TEXT FAR 52.204-99 System for Award Management Registration (DEVIATION 2012-O0015) (August 2012) (a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means- (1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the SAM database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; (2) The Contractor's CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (1) Data collected from prospective federal awardees required for the conduct of business with the Government; (2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the non-procurement common rule by agencies, Government corporations, or by the Government Accountability Office. (b)(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4. (3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM. (c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) A contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The Contractor should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved. (e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to- (A) Change the name in the SAM database; (B) Comply with the requirements of subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls. (End of Clause) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (a) During the term of this contract, the Contractor shall post an employee notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notices to employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2(d) and (f). (1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract. (2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently, on any Web site that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor's Web site that contains the full text of the poster. The link to the Department's Web site, as referenced in (b)(3) of this section, must read, ``Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.'' (b) This required employee notice, printed by the Department of Labor, may be-- (1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; (2) Provided by the Federal contracting agency if requested; (3) Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/EO13496.htm; or (4) Reproduced and used as exact duplicate copies of the Department of Labor's official poster. (c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart A, 29 CFR Part 471. (d) The Contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the Secretary of Labor. (e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements Executive Order 13496 or as otherwise provided by law. (f) Subcontracts. (1) The Contractor shall include the substance of this clause, including this paragraph (f), in every subcontract that exceeds $10,000 and will be performed wholly or partially in the United States, unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subcontractor. (2) The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause. (3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. (4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States. (End of clause) 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION 2012-O0014) (August 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, date July 11,2012. (a)Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b)Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c)The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (End of Clause) 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 address: www.farsite.hill.af.mil www.acquisition.gov (End of clause) 52.252-6 Authorized Deviations in Clauses (APR 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any DOD FAR SUPPLEMENT (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) 252.204-7008 EXPORT-CONTROLLED ITEMS (APR 2010) (a) Definition. Export-controlled items, as used in this clause, means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130). The term includes: (1) Defense items, defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR part 120. (2) Items, defined in the EAR as ``commodities, software, and technology,'' terms that are also defined in the EAR, 15 CFR 772.1. (b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for Contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR. (c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause. (d) Nothing in the terms of this contract adds to, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to-- (1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.); (2) The Arms Export Control Act (22 U.S.C. 2751, et seq.); (3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.); (4) The Export Administration Regulations (15 CFR parts 730-774); (5) The International Traffic in Arms Regulations (22 CFR parts 120-130); and (6) Executive Order 13222, as extended. (e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts. (End of clause) 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEC 2010) (DEVIATION) (a) In addition to the clauses listed in paragraph (b) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5) (OCT 2010) (DEVIATION), the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.237-7010 252.237-7019Prohibition on Interrogation of Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84). Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375). 252.247-7003Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417) 252.247-7023Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631) 252.247-7024Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631) (End of clause) WAWF Invoicing: The contract may be invoiced and paid using Wide Area Work Flow (WAWF). Instructions for invoice submission will be incorporated into each/BPA call number if required. GPC Purchase: The contractor agrees to accept payments due under this contract, through payment by a third party in lieu of payment directly by the Government. The Clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (FEB 2012) applies to this acquisition FAR 52.212-1, Instructions to Offeror-Commercial Items (JUNE 2008) applies. ADDENDUM TO 52.212-1 Para (b) Submission of Offers: The following supplements this paragraph with respect to the information and documents required for submission in response to this solicitation. (1) ELECTRONIC OFFERS. Offerors may submit electronic offers in response to this solicitation. The offer must arrive by the time specified in the solicitation to the following email address: Christine.whipkey@us.army.mil (2) The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer. (3) The Government intends to award a firm-fixed price Blanket Purchase Agreement contract. Offerors must quote a firm-fixed price for each Contract Line Item. (4)Any questions with respect to the solicitation shall be submitted in writing to Ms Whipkey at Christine.whipkey@us.army.mil by 12:00 p.m. EST 19 September 2012. Telephone calls will not be accepted nor responded to. Responses will be emailed to all interested offerors. (5)The technical information required for evaluation purposes, shall not exceed 10 pages. (6)PROCESS FOR AWARD. BPA Awards will be considered based on a lowest price, technically acceptable basis. Discussions may be conducted whenever the Contracting Officer deems it appropriate. The contract will be awarded strictly in accordance with the criteria and process established in FAR 12. (7) Please complete 52.212-3 ALT I "Offeror Representations and Certifications - Commercial Items". (8) SUBMISSION OF OFFERS. Please note that your offer must include all of the following information. Submit proposal in three separate parts as follows: PART I: TECHNICAL INFORMATION. The information provided by the offeror will be a significant factor in the Government's determination of technical acceptability. (Refer to Addendum 52.212-2). Technical capability to include catalog price lists if available; proof of Enforcement Agency (DEA) distribution license or DEA number, and delivery information. PART II: PAST PERFORMANCE. Offeror is required to submit information, on a single page, identifying federal, state and local government and private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references. Information provided by the contractor shall state include the following: Name, telephone and fax numbers of a point of contact in the administering contracting office, the award/contract number, the term of the contract (1 year, 2 years etc), and the total quantity furnished annually. PART III: PRICE. The information provided in this schedule will be used to assist in the price analysis described in EVALUATION OF THE PROPOSED PRICES, in ADDENDUM TO FAR 52.212-2, EVALUATION - COMMERCIAL ITEMS. (9)Representations and Certifications found at FAR 52.212-3 ALT I and DFAR 252.212-7000 MUST be completed and submitted with the offer. Para (g) Contract award. This is amended to state that the Government may conduct discussions prior to contract award. Para (j) Data Universal Numbering System (DUNS) / CAGE Code. The offeror shall obtain these said Codes and submit them to Contracting Center. Registration in the Central Contractor Registration (CCR), if you are a US firm. Award cannot and shall not be made to an offeror without these codes. Para (n) Bid Preparation Costs. This solicitation does not commit the Government to pay any costs incurred in the submission of an offer, in making any necessary studies for the preparation thereof, or for any visit(s) the Contracting Officer may request for the purpose of clarification of the offer. The Government may reject a proposal if it is found that any information that has a negative impact on the offeror's past performance record has been deleted, misrepresented, or withheld. PROCESS FOR AWARD. Award will be made to the offeror who is most advantageous to the Government, using technical, past performance, and price as evaluation factors. The Contracting Officer intends to award without discussions but reserves the right to do so at his or her sole discretion This contract will be awarded strictly in accordance with the criteria and process established in 10 USC Section 1091(c) (1) (B) and (c), and the implementing provisions of DFAR 237.104(b)(ii). BASIS FOR AWARD. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. (m) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found. (End of Addendum to 52.252-1) CLAUSES INCORPORATED BY REFERENCE FAR 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification (NOV 2011) CLAUSES INCORPORATED IN FULL TEXT 52.203-2 Certificate of Independent Price Determination (APR 1985) (a) The offeror certifies that -- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to - (i) Those prices, (ii) The intention to submit an offer, or (iii) The methods of factors used to calculate the prices offered: (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory -- (1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization); (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision. (c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. (End of clause) FAR 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm Fixed PriceBlanket Purchase Agreement resulting from this solicitation 52.233-2 SERVICE OF PROTEST (SEP 2006) (a)Protests, as defined in section 33.101 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 Cheryl Ricker WAMC Stop A 4-2817 Reilly Road Fort Bragg, NC 28310 (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) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) for all referenced clauses/provisions, see web site https://www.farsite.hill.af.mil or www.acquisition.gov FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision. The use in this solicitation of any DOD FAR Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. FAR 252.204-7011 Alternative Line-Item Structure (SEP 2011) (a) Line items are the basic structural elements in a solicitation or contract that provide for the organization of contract requirements to facilitate pricing, delivery, inspection, acceptance and payment. Line items are organized into contract line items, subline items, and exhibit line items. Separate line items should be established to account for separate pricing, identification (see section 211.274 of the Defense Federal Acquisition Regulation Supplement), deliveries, or funding. The Government recognizes that the line item structure in this solicitation may not conform to every offeror's practices. Failure to correct these issues can result in difficulties in accounting for deliveries and processing payments. Therefore, offerors are invited to propose an alternative line item structure for items on which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract structure is economically and administratively advantageous to the Government and the Contractor. (b) If an alternative line item structure is proposed, the structure must be consistent with subpart 204.71 of the Defense Federal Acquisition Regulation Supplement and PGI 204.71. A sample solicitation line-item structure and a corresponding offer of a proposed alternative line-item structure follow. Solicitation: ---------------------------------------------------------------------------------------------------------------- Item No. Supplies/Service Quantity Unit Unit price Amount ---------------------------------------------------------------------------------------------------------------- 0001............................ Computer, Desktop with 20 EA....................... CPU, Monitor, Keyboard and Mouse. ---------------------------------------------------------------------------------------------------------------- Alternative line-item structure offer where monitors are shipped separately: ---------------------------------------------------------------------------------------------------------------- Item No. Supplies/Service Quantity Unit Unit Price Amount ---------------------------------------------------------------------------------------------------------------- 0001............................ Computer, Desktop with 20 EA....................... CPU, Keyboard and Mouse. 0002............................ Monitor................. 20 EA....................... ---------------------------------------------------------------------------------------------------------------- (End of provision) 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). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term "supplies" is defined in the Transportation of Supplies by Sea clause of this solicitation. (2) Representation. The Offeror represents that it- ___Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. ___Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea Clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. (End of provision) 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 following factors shall be used to evaluate offers: The award decision will be based on the Lowest Priced, Technically Acceptable offer. Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated 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) ADDENDUM TO 52.212-2 Paragraph (a) is hereby supplemented with the following: (a). The total evaluated price must be reasonable, and any additional expense must be justified by a corresponding value for technical merit, or an expectation of greater quality of performance. (b). Contractors may not qualify if any of the following are not met: 1. Proposal does not reasonably address the requirements in the request for proposal (RFP). 2.Proposal includes major deficiencies or omissions which discussions could not be expected to cure without a major revision or a new proposal. 3.Proposal is so technically inferior or so out of line in price as compared to other proposals as to preclude it from having a reasonable chance for award. 4. An unrealistically low price, may indicate lack of sound management judgment and lack of understanding of the requirement for the geographic area of service, or unbalanced pricing of line items, as proposed initially or subsequently, may be grounds for eliminating a proposal either on the basis that the offeror does not understand the requirement or has made an imprudent offer. 5. The Government reserves the right to conduct discussions, if necessary. PART I TECHINICAL: Technical capability to include catalog price lists if available; proof of Enforcement Agency (DEA) distribution license or DEA number and delivery information. Technical will be evaluated as either Acceptable or Unacceptable. Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. Definitions are as follows: ACCEPTABLE: To be rated acceptable, the offeror's technical proposal must demonstrate it can meet all requirements. UNACCEPTABLE: A technical proposal that fails to demonstrate it can meet one or more requirements will be determined unacceptable. PART II PAST PERFORMANCE Offeror is required to submit information, on a single page, identifying federal, state and local Government and private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references. Information provided by the Contractor shall state: The type of service provided with information to verify references: Names; telephone numbers; Points of Contact; amount of contract; and email addresses. Past performance shall be used as an evaluation factor within the LPTA process, unless waived by the PCO in accordance with FAR 15.101- 2(b). It shall be evaluated in accordance with FAR 15.305 and DFARS 215.305. However, the comparative assessment in FAR 15.305(a)(2)(i) does not apply. Therefore, past performance will be rated on an "acceptable" or "unacceptable" basis using the ratings below. Acceptable: Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note below.) Unacceptable: Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable." A.2.1.2.1 Aspects of Past Performance. PART III PRICE: Price will be evaluated separately from Technical and will be evaluated for fairness and reasonability. Offeror shall provide their published price list with their offer. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEB 2012) ALTERNATE I (APR 2011) Vendors shall include a completed copy of FAR provision 52.212-3 Offeror Representations and Certifications with their offer. Offerors shall include a confirmation of receipt of any amendments to this solicitation. Failure to submit a confirmation could result in the offer being determined non- responsive.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USA/MEDCOM/DADA15/W91YTZ-12-T-0300/listing.html)
Place of Performance: Address: Medcom Contracting Center North Atlantic Womack Army Medical Center Fort Bragg NC; Zip Code: 28306
Record: SN02869131-W 20120907/120906002022-8d0011c58396b691ca7c28997a31bafc (fbodaily.com)
Source: FedBizOpps Link to This Notice
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