UPS Batteries and Capacitors

**Amendment 2 dated 15 Dec 2022 hereby provides a Q&A Document, An Updated Spec Sheet and extends the closing date to 19 Dec 2022 3PM EST.

**Amendment 1 dated 7 Dec 2022 hereby extends this solicitation to 15 Dec 2022 3PM EST.

This is a combined synopsis/solicitation for commercial products and commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.  This announcement constitutes the only solicitation; Offers are being requested and a written solicitation (paper copy) will not be issued.  Further, offerors are responsible for monitoring this site for the release of amendments (if any) or other information pertaining to this solicitation. 

Solicitation FA8751-23-Q-0003 is issued as a request for quotation (RFQ).

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-08 and Defense Federal Acquisition Regulation Supplement Publication Notice (DPN) 20221028.

See https://www.acquisition.gov/ for the full text of all provisions and clauses incorporated by reference herein.

This procurement is being issued as total small business set-aside under NAICS code 335999 and small business size standard of 500 employees.

The contractor shall provide and install the items in the List of Materials (Attch #1) on a “Brand Name or Equal,” firm fixed price basis including the cost of shipping FOB Destination.

The identified items reflect the physical, functional, and performance characteristics that reflect the characteristics and level of quality that will satisfy the minimum level of quality or reliability desired; however the offeror may provide a solution equivalent to or exceeding the functional and performance characteristics of the identified items and it will be considered for technical acceptability. The items listed may be offered on a "brand name or equal basis" pursuant to FAR 52.211-6; part numbers are provided for reference only. Technical information must be provided in sufficient detail to allow adequate and thorough technical evaluation of the proposed equal solution.

******All Offerors shall be authorized resellers/distributors for the brand they are providing.  Any offers received from Offerors who are not authorized for the brand will not be considered for award. 

In order to be considered for award the contractor must submit, with their quote, proof of certification for all OEM installers/technicians who must meet all OEM standards 

SHIP HARDWARE TO:

DoDAAC: F4HBL1

CountryCode: USA

AFRL RIOLSC

AF BPN NO MILSBILLS PROCESSES

148 ELECTRONIC PKWY

ROME, NY 13441-4503

UNITED STATES

Name, Email address, and Phone number of the end user POC associated with the delivery will be provided via Section F of any award resulting from this solicitation. 

Used, pre-owned, refurbished, or remanufactured goods will not be accepted.  Items must be factory new.

Offerors shall provide at least the same warranty terms, including offers of extended warranties, offered to the general public in customary commercial practice.

The anticipated delivery date is 1-2 Wks (ARO) or sooner. All deliveries shall be made in accordance with FAR 52.247-34 FOB Destination (NOV 1991). The place of delivery, acceptance and FOB destination point is Rome, NY 13441

INSTRUCTIONS

The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services applies to this acquisition. 

Addendum to the following paragraphs of 52.212-1 are:

(b) Written quotes are due at or before 3:00 PM Eastern Time, Monday 19 December 2022.  Submit by email to Tabitha.Haggart@us.af.mil Offerors are encouraged to submit their quotes using the SF 1449, Solicitation/Contract/Order for Commercial Products and Commercial Services.

(b)(4) Submit a technical description of the items being offered.

(b)(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information or reject the terms and conditions of the solicitation may be excluded from consideration.

(g) Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer and waive informalities and minor irregularities in offers received.

EVALUATION

The provision at FAR 52.212-2, Evaluation -- Commercial Products and Commercial Services applies. In addition to the information within Paragraph (a), the following factors shall be used to evaluate offers:

 (i) technical capability of the item offered to meet the Government requirement;

(ii) price;

The Government intends to award to the Lowest Priced Technically Acceptable Offer. In determining required technical acceptability, the Government will evaluate the items offered for compliance with the specifications listed in the List of Materials (Attch #1) and offerors authorization status.  All evaluation factors when combined are approximately equal.

Offerors are required to complete representations and certifications found in the provision at FAR 52.212-3, Offeror Representations and Certifications -- Commercial Products and Commercial Services as well as the following:

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

DFARS 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation

DFARS 252.225-7000, Buy American--Balance of Payments Program Certificate

DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime

For your convenience all referenced certifications are attached to this solicitation. (Attachment No. 2) 

TERMS AND CONDITIONS

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Products and Commercial Services

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services, applies to this acquisition. 

(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 products and commercial services:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment . (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)) 

 (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 products and commercial services:

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

52.209-6, Protecting the Government Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.219-6, Notice of Total Small Business Aside DEVIATION 2020-O0008  

52.219-28, Post Award Small Business Program Re-representation

52.222-3, Convict Labor

52.222-19, Child Labor—Cooperation with Authorities and Remedies (DEVIATION 2020-O0019)

52.222-21, Prohibition of Segregated Facilities

52.222-26, Equal Opportunity

52.222-36, Equal Opportunity for Workers With Disabilities

52.222-50, Combating Trafficking in Persons

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-13, Restrictions on Certain Foreign Purchases

52.232-33, Payment By Electronic Funds Transfer—System For Award Management

52.239-1, Privacy or Security Safeguards

The following additional FAR and FAR Supplement provisions and clauses also apply:

52.204-16, Commercial and Government Entity Code Reporting

52.204-18, Commercial and Government Entity Code Maintenance

52.204-21, Basic Safeguarding of Covered Contractor Information Systems

52.204-22, Alternative Line Item Proposal

52.211-6, Brand Name or Equal

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

52.237-2, Protection of Government Buildings, Equipment, and Vegetation

52.247-34, FOB Destination

252.203-7000, Requirements Relating to Compensation of Former DoD Officials

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

252.203-7005, Representation Relating to Compensation of Former DoD Officials

252.204-7003 Control of Government Personnel Work Product

252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support

252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

252.211-7003, Item Identification and Valuation

252.213-7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

252.223-7008, Prohibition of Hexavalent Chromium

252.225-7001, Buy American and Balance of Payments Program

252.225-7048 Export-Controlled Items

252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime

252.225-7972, Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (MAY 2020) (DEVIATION 2020-O0015)

252.225-7973, Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation (MAY 2020) (DEVIATION 2020-O0015)

252.227-7015, Technical Data--Commercial Items

252.227-7037, Validation of Restrictive Markings on Technical Data

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

252.232-7006, Wide Area Workflow Payment Instructions

252.232-7010, Levies on Contract Payments

252.232-7017, Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and Consideration

252.243-7001 Pricing of Contract Modifications

252.244-7000, Subcontracts for Commercial Items and Commercial Components

252.246-7008, Source of Electronic Parts

252.247-7023, Transportation of Supplies by Sea – Basic

5352.223-9001, Health and Safety on Government Installations

5352.201-9101, Ombudsman (OCT 2019) is hereby incorporated into this solicitation.  The Ombudsman for this acquisition is Ombudsman: Mr. Steven L. Ewers (Primary), AFRL/PK, 1864 Fourth Street, Wright-Patterson AFB OH 45433-7130, COMM (937) 904-9700, FAX (937) 656-7321, email: afrl.pk.workflow@us.af.mil

5352.242-9000, CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (OCT 2019)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver s license, current vehicle registration, valid vehicle insurance certificate, and to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

 (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with  with AFI 31-101, Integrated Defense, and DODMAN5200.02_AFMAN 16-1405, Air Force Personnel Security Program.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

 (End of clause)

CONTRACT ADMINISTRATION DATA

Note that the clause at 252.232-7003 is included in this solicitation. DoD requires all payment requests (with a few exceptions) to be submitted and processed electronically. All vendors/contractors must familiarize themselves with this clause and DFAR 232.7003 for specific procedures. The DoD preferred electronic form for transmission is Wide Area Workflow - Receipt and Acceptance (see website - https://piee.eb.mil/). Wide Area Workflow Training may be accessed online at this location.

In accordance with DFARS 252.232-7006 Wide Area Workflow (WAWF) Payment Instructions- Vendors will be expected to have WAWF system capabilities. Guidance will be provided to the vendor with award of an order that will provide applicable codes for proper invoice submission.

The Defense Priorities and Allocations System (DPAS) rating DO-C9 has been assigned to this effort.

All responsible organizations may submit a quote, which shall be considered.