Master BPA for Fiber Optic Supplies

16 APR 2024: A revised DOR, a revised DOR for the first BPA Call, and a Question and Answers document has been uploaded. 

This is a combined synopsis/solicitation prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice for Fiber Optic Supplies.  This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The US Army Corps of Engineers (USACE) Engineer Research and Development Center (ERDC) Geotechnical and Structures Laboratory (GSL) in Vicksburg, MS intends to award multiple, up to five, Master Blanket Purchase Agreements (BPA) for fiber optic supplies.  A BPA is a simplified method of filing anticipated repetitive needs for supplies or services by establishing “charge accounts” with qualified sources of supply. Pursuant to Federal Acquisition Regulation (FAR) 13.303, Blanket Purchase Agreements (BPAs), the Contractor agrees to the identified terms and conditions for a BPA to provide the required fiber optic supplies. 

The Government anticipates this solicitation will result in multiple awards, up to five.  Ordering shall be for a period of five (5) years or a total combined $2,452,706.48 in capacity is utilized unless earlier termination.  The contractor shall furnish all items necessary to produce the fiber optic supplies as defined in the attached Description of Requirements (DOR).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-05. This procurement is being competed as 100% Service Disabled Veteran-Owned Small Business (SDVOSB). The North American Industry Classification System Code for this procurement is 335921, Fiber Optic Cale Manufacturing, with a size standard 1,000 employees. The citation for the SBA class waiver is “NAICS 335921, Overhead Fiber Optic Ground wire & Ancillary Hardware Components Manufacturing, 68 Fed. Reg. 35285 (June 13, 2003). This procurement is being conducted in accordance with regulations at FAR Part 12, Acquisition of Commercial Items, FAR Part 13, Simplified Acquisition Procedures, and FAR 13.303, Blanket Purchase Agreements.

The Master BPA does not obligate any funds.  The government shall be obligated only to the extent of authorized orders actually utilized via a properly executed BPA Call.  The Government estimates, but does not guarantee, that the total volume of purchases through this agreement will be $2,452,706.48 over a 5-year period. Individual purchases shall not exceed $250,000.00. There shall be no guaranteed minimum or maximum order limits established and no guaranteed dollar amount of expenditures with the vendor. Actual purchases will be made via properly executed BPA Calls.  All BPA Calls will be initiated at the time the fiber optic supplies are needed by a warranted Contracting Officer, a warranted Micro-purchase Contracting Officer, or a BPA Ordering Authorized Individual. 

The First BPA Call is also attached to this solicitation.

Offerors shall provide the following:

• Technical documentation to show that they can provide the items listed in the DOR.
• A non-binding price list for the items listed in the DOR. Please note that all future BPA Calls will be competed amongst the pool established. The Government understands that prices may change.
• A quote for the First BPA Call. Quote shall include all labor, materials and shipping FOB destination.

In accordance with FAR 52.212-2 - Evaluation -- Commercial Items, the Government will award up to five agreements resulting from this solicitation to the responsible offeror(s) whose offer(s) conforming to the solicitation will be most advantageous to the Government.  The following factors shall be used to evaluate offers:

1) Technical – Providing items that at least meet the minimum specifications as defined in the DOR. Technical documentation is required to show the type of equipment proposed in the contractors offer.

2) Price – Price will be evaluated to determine the award of the first BPA call based on the DOR for the first BPA call.  This will also determine the five lowest quotes. A master BPA will be issued to the five lowest quotes provided.

Basis of Award: Award(s) will be made to the five offerors that are technically acceptable and provide the lowest quote for the First BPA Call. Failure to submit sufficient information for the Government to determine technical capability and quoted price may be cause for rejection of your quote.

The Government intends to evaluate offers and award up to five agreements without discussions with offerors. 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. 

Pursuant to FAR 52.204-7(b), System for Award Management, offerors must be registered in the System for Award Management (SAM) at the time an offer or quotation is submitted and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. If an offeror is not registered in SAM at the time of the offer, its offer will not be considered for award. You may register electronically at http://www.sam.gov.

Before a complete evaluation of your quote can be made the Offeror must provide "Offeror Representations and Certifications" for their company. The preferred method for providing Reps & Certs is to include this information in your SAM registration.  Offerors who do not include their Reps & Certs in their SAM registration must print, complete, and include FAR Clause 52.212-3 Alt I, Offeror Representations and Certifications - with their quote package.

It will be the offeror’s responsibility to frequently check the www.Sam.gov website where the synopsis/solicitation is to be posted for any amendments/changes to the RFQ and closing date.  Any offers submitted after the response date and time will be considered late and will not be evaluated. Questions will not be accepted after 5:00PM CT, 19 April 2024.

The following FAR clauses and provisions may apply to this acquisition:

52.203-3 Gratuities

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

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

52.211-6 Brand Name or Equal

52.211-17 Delivery of Excess Quantities

52.212-1 Instructions to Offerors-Commercial Items

52.212-3 Offerors Representations and Certifications- Commercial Products and Commercial Services, ALT I (DEVIATION)

52.212-4 Contract Terms and Conditions - Commercial Items

52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Products and Commercial Services (DEVIATION)

52.219-1 Small Business Program representations (DEVIATION)

52.222-20 - Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 

52.223-10 Waste Reduction Program

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. 

52.232-8 Discounts For Prompt Payment

52.232-39 Unenforceability of Unauthorized Obligations

52.246-2 Inspection Of Supplies--Fixed Price

52.247-34 F.O.B. Destination 

52.252-2 Clauses Incorporated by Reference

Additionally, the following clauses/provisions located within FAR 52.212- 5 may apply to this acquisition:

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

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

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

52.204-27 Prohibition on a ByteDance Covered Application

52.209-6 Protecting the Government's Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.219-6 Notice of Total Small Business Set-Aside

52.219-8 Utilization of Small Business Concerns (DEVIATION), (CD 2024-O0002)

52.219-14 Limitations on Subcontracting

52.219-27 Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (DEVIATION)

52.219-28 Post Award Small Business Program Representation

52.219-33 Nonmanufacturer Rule

52.222-3 Convict Labor

52.222-19 Child Labor Cooperation with Authorities and Remedies

52.222-21 Prohibition of Segregated Facilities

52-222-26 Equal Opportunity

52.222-35 Equal Opportunity for Veterans

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

52.232-33 Payment by Electronic Funds Transfer – System for Award Management

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233- 3 Protest After Award

52.233-4 Applicable Law for Breach of Contract Claim

The full text of these FAR clauses can be accessed electronically at website:

https://www.acquisition.gov/browse/index/far

The following DFARS Clauses and Provisions may be applicable to this acquisition:

252.203-7000 Requirement 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

252.211-7003 Item Unique Identification and Valuation

trol Of Government Personnel Work Product

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

252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation  

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

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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

252.232-7010 Levies on Contract Payments

252.243-7001 Pricing Of Contract Modifications

The full text of these DFARS clauses can be accessed electronically at website:

https://www.acquisition.gov/dfars

Responses should be submitted via email to Allison Hudson at Allison.B.Hudson@usace.army.mil and Jon-Vincent Holden at Jon-Vincent.S.Holden@usace.army.mil no later than 1:00pm Central Time (CT) on 23 April 2024.