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FBO DAILY - FEDBIZOPPS ISSUE OF JULY 16, 2016 FBO #5349
MODIFICATION

67 -- 18 High Speed Digital Cameras

Notice Date
7/14/2016
 
Notice Type
Modification/Amendment
 
Contracting Office
III Corps, Fort Hood, TX 76544
 
ZIP Code
76544
 
Solicitation Number
W9124Q-16-R-0003_01
 
Response Due
7/18/2016
 
Archive Date
1/14/2017
 
Point of Contact
Name: Client Services, Title: Client Services, Phone: 1.877.933.3243, Fax: 703.422.7822
 
E-Mail Address
Clientservices@fedbid.com;
 
Small Business Set-Aside
Woman Owned Small Business
 
Description
AMENDMENT NOTICE:This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.The solicitation number is W9124Q-16-R-0003_01 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-89. The associated North American Industrial Classification System (NAICS) code for this procurement is 333316 with a small business size standard of 1,000.00 employees.This requirement is an [ Women-Owned Small Business ] set-aside and only qualified offerors may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2016-07-18 11:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be White Sands Missile Range, NM 88002 The MICC Fort Hood requires the following items, Meet or Exceed, to the following: LI 001: High Speed Digital Cameras- Delivery within 30 days after award, 6, EA; LI 002: High Speed Digital Cameras- Delivery 60 days after award, 6, EA; LI 003: High Speed Digital Cameras- Delivery 90 days after award, 6, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, MICC Fort Hood intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. MICC Fort Hood is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids.All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com.Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. In responding to this request for quote, you must provide the manufacturer's name and part numbers AND salient characteristics of the items you are proposing to sell to the Government. Regardless of the terminology used in each RFQ ("Brand Name or Equal", or "meet minimum stated specifications), the information describing what you are offering must be physically written into the seller's bid specification block. Salient characteristics are defined as "pronounced features of an item that identify it describe its size and composition, functional intent, and/or operational capabilities or limits." When researching product capabilities, you must, as a minimum, respond with feature for feature comparisons in order for your product to be technically evaluated for sufficiency. Responses such as "bidding exact match", "as specified", or cutting and pasting the Government's specification information into the seller's bid specification block are not acceptable responses. Offerors who respond in any of the three examples directly above will be eliminated from the competition without consideration of their offer. If you are bidding the same product as is being requested, your seller bid specification should indicate: "Bidding on Manufacturer (Insert Name) and Part Number (Insert Number). If you are bidding on an "or equal" product, your seller bid specification must state: Bidding on Manufacturer (Insert Name) and Part Number (Insert Number), containing the following salient characteristics (insert salient characteristics). If your response does not contain all of the required information called out in this notice, your quote will be determined nonresponsive and will not be considered for award. The apparent awardee shall acknowledge acceptance of any and all re-postings (amendments), in writing, prior to any award resulting from this solicitation. Fedbid is a mechanism used by this office to solicit for common use commercial items in accordance with FAR 13.5. Fedbid is NOT a forum for filing protests against the Government. Attempts to file protests through Fedbid will not be considered legitimate as they do not conform to the requirements in the Federal Acquisition Regulation (FAR). It is preferable that disputes and protests be resolved as quickly as possible at the lowest level possible before considering the more formal process described below. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC, as an Alternate Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.10. If you want to file a protest under the AMC-Level Protest Program, the protest must request resolution under that program and be sent to the address below. All other agency-level protests should be sent to the contracting officer for resolution. The address for filing a protest directly with AMC is: Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil. Packages sent Federal Express or UPS should be addressed to: HQ Army Material Command Office of Command Counsel 9301 Chapek Rd, Rm 2-1SE3401 Ft Belvoir, VA 22060-5527. The AMC-Level Protest procedures are found at: http://www.amc.army.mil/pa/COMMANDCOUNSEL.asp. If internet access is not available, contact the HQ, AMC to obtain the AMC-Level Protest procedures. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-2, Evaluation- Commercial Items; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/. The Contractor shall NOT make partial line item shipments against any resulting purchase order/contract issued as a result of this solicitation; e.g., if a line item on the contract reads - Computer, 10 each, the contractor shall NOT ship 3 computers on one shipment and 7 computers on a second shipment. Failure to adhere to this requirement will result in invoices being rejected in WAWF and/or a delay in payment for non-conforming shipped quantities. Company must be registered on System for Award Management (SAM) prior to receipt of quote in order to receive an award. Offeror are reminded that failure to comply ?shall render their quote as non-responsive.? If company is not registered in SAM, they may do so by going to SAM web site at www.sam.gov. New equipment ONLY, NO remanufactured products FOB Destination CONUS (CONtinental U.S.) Bid MUST be good for 90 days, after submission. No partial bids will be accepted. The applicable NAICS code for this procurement is 333316 with the related size standard of 1,000 employeees. The NAICS code identified herein must appear in FAR 52.212-3 "Offeror Representations and Certifications" in SAM and the vendor must be actively registered in that NAICS prior to receipt of quote in order to receive an award. Offeror are reminded that failure to comply ?shall render their quote as non-responsive.? Proposed responders must submit any questions concerning this solicitation before 12 July 2016 @ 1:00 pm to reasonably expect a response from the Government. Those questions not received within the prescribed date will not be considered. Definitions (Nov 2013) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless-- (a) The solicitation, or amended solicitation, provides a different definition; (b) The contracting parties agree to a different definition; (c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or (d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures. Restrictions on Subcontractor Sales to the Government (Sep 2006) (a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract. (b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. (c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold. (End of Clause) Alternate I (Oct 1995). As prescribed in 3.503-2, substitute the following paragraph in place of paragraph (b) of the basic clause: (b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial items, the prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial item(s). Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Apr 2014) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908. (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold. (End of clause) Incorporation by Reference of Representations and Certifications (Dec 2014) The Contractor?s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of clause) Please see FAR website at http://farsite.hill.af.mil/vffara.htm for description of clause. Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (a) Definitions. As used in this clause-- ?Driving?? (1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. ?Text messaging? means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009. (c) The Contractor is encouraged to? (1) Adopt and enforce policies that ban text messaging while driving? (i) Company-owned or -rented vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct initiatives in a manner commensurate with the size of the business, such as? (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold. (End of clause) Restriction on Certain Foreign Purchases (Jun 2008) (a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC?s implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States. (b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC?s List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn/. More information about these restrictions, as well as updates, is available in the OFAC?s regulations at 31 CFR chapter V and/or on OFAC?s website at http://www.treas.gov/offices/enforcement/ofac. (c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts. (End of clause) Please see FAR website at http://farsite.hill.af.mil/vffara.htm for description of Provision. Payments (Apr. 1984) The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if -- (a) The amount due on the deliveries warrants it; or (b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price. (End of Clause) Unenforceability of Unauthorized Obligations (Jun 2013) (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ?I agree? click box or other comparable mechanism (e.g., ?click-wrap? or ?browse-wrap? agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures. (End of clause) 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 Belinda Woods, Contracting Officer, 1001 761st Tank Battalion Avenue Room W101, Fort Hood, TX 76544. (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) Protest after Award (Aug. 1996) (a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either -- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if -- (1) The stop-work order results in an increase in the time required for, or in the Contractor?s cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order. (e) The Government?s rights to terminate this contract at any time are not affected by action taken under this clause. (f) If, as the result of the Contractor?s intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government. (End of Clause) Applicable Law For Breach Of Contract Claim (OCT 2004) United States law will apply to resolve any claim of breach of this contract. (End of clause) Changes -- Fixed Price (Aug 1987) (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract in any one or more of the following: (1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for the Government in accordance with the drawings, designs, or specifications. (2) Method of shipment or packing. (3) Place of delivery. (b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. (c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if the Contracting Officer decides that the facts justify it, the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d) If the Contractor?s proposal includes the cost of property made obsolete or excess by the change, the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. (e) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (End of Clause) 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-18 Commercial and Government Entity Code Maintenance 52.209-7 Information Regarding Responsibility Matters 52.246-2 Inspection of Supplies, Fixed Price 252.232-7006 Wide Area Workflow Payment Instructions
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/notices/aa90a427aeb2337f65d6c5d3eeacd237)
 
Place of Performance
Address: White Sands Missile Range, NM 88002
Zip Code: 88002-5000
 
Record
SN04182809-W 20160716/160714235002-aa90a427aeb2337f65d6c5d3eeacd237 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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