SOLICITATION NOTICE
58 -- Purchase of TEAC MDR80-C Solid State Mission Data Recorder with accessories.
- Notice Date
- 9/14/2004
- Notice Type
- Solicitation Notice
- NAICS
- 518210
— Data Processing, Hosting, and Related Services
- Contracting Office
- ACA, RCO Wuerzburg, Attn: AEUCC-W, Unit 26622, APO, AE 09244-6622
- ZIP Code
- 09244-6622
- Solicitation Number
- W912PG-04-T-0560
- Response Due
- 9/20/2004
- Archive Date
- 11/19/2004
- Small Business Set-Aside
- N/A
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulations document (FAR) subpart 12.6, as supplemented with additional information included in this notice. This announcemen t constitutes the only solicitation; a written solicitation will not be issued. Solicitation number W912PG-04-T-0560 is issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2001-24. The simplified acquisition procedures of F AR Part 13 are applicable to this procurement. This procurement is for the purchase of TEAC MDR80-C Solid State Mission Data Recorder with accessories for the 11th Aviation Regiment in Illesheim, Germany. Required Delivery Dates: 30 May 2005 Delivery: F.O.B. destination: 11th Aviation Regiment Building 6505 Storck Barracks Illesheim, Germany Evaluation Criteria: The Government anticipates award of a Firm Fixed Price contract resulting from this solicitation. Offer due no later than 1700 Local Time on September 20, 2004. Send by fax and e-mail to shauna.hull@us.army.mil or by fax (011)-49-931-296-4871. For questions regarding this acquisition, contact Ms. Hull, Contracting Officer, Tel: (49)-(0)931-297-0113. Mailing address: Regional Contracting Office Wuerzburg, Unit 26622, APO AE 09244 FAR 52.212-1, is hereby incorporated incorporated by reference. ADDENDUM TO FAR 52.212-1, the following paragraphs are amended as follows: (b) is amended to add: Submission of offer by Fax is authorized, Fax: 011-49-9312964871 or by email to shauna.hull@us.army.mil. (b)(6) is amended to add: Fill out prices provided as Attachement #1 with submission of the offer. FAR 52.212-2 is hereby incorporated by reference. ADDENDUM TO FAR 52.212-2 (a) is hereby amended as follows: 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 elect ronically at this/these address(es): http://www.arnet.gov/far http://www.farsite.hill.af.mil http://www.dtic.mil/dfars The following clauses are incorporated by reference: 52.204-7 Central Contractor Registration OCT 2003 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment JUL 1995 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2003 52.225-5 Trade Agreements JAN 2004 52.225-13 Restrictions on Certain Foreign Purchases JAN 2004 52.229-6 Taxes--Foreign Fixed-Price Contracts JUN 2003 52.232-17 Interest JUN 1996 52.242-13 Bankruptcy JUL 1995 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.233-7001 Choice of Law (Overseas) JUN 1997 CLAUSES INCORPORATED BY FULL TEXT 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (APR 2003) (a) The Contractor shall comply with the following FAR clauses, which are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisitions of commercial items: (1) 52.222-3, Convict Labor (E.O. 11755). (2) 52.233-3, Protest after Award (31 U.S.C. 3553). (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 comme rcial items or components: ____ 52.2 03-6, Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402). X 52.225-13, Restriction on Certain Foreign Purchases (E.O. 12722, 12724, 13059, 13067, 13121, and 13129). __X__ 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (31 U.S.C. 3332). ____ 52.232-36, Payment by Third Party (31 U.S.C. 3332). (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, which the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive order s applicable to acquisitions of commercial items or components: N/A (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the cl ause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final terminat ion settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed below (and as may be required by an addenda to this paragraph to establ ish the reasonableness of prices under Part 15), in a subcontract for commercial items or commercial components-- (1) 52.222-26, Equal Opportunity (E.O. 11246); (2) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans (38 U.S.C. 4212); (3) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C. 793); (4) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (46 U.S.C. Appx 1241 and 10 U.S.C. 2631)(flow down required in accordance with paragraph (d) of FAR clause 52.247-64)., and (5) 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.). (End of clause) Amendment to FAR 52.212-5: -for overseas actions not exceeding the simplified acquisition threshold the paragraphs (c), (d) and (e) do not apply. -for overseas actions exceeding the simplified acquisition threshold the paragraphs (c) and (e) do not apply. 252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2004) (a) The Contractor agrees to comply with the foll owing Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. __X__ 52.203-3 Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquis itions of commercial items or components. ____252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). ____252.219-7003 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DoD Contracts) (APR 1996) (15 U.S.C. 637). ____ 252.219-7004 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (Test Program) (JUN 1997) (15 U.S.C. 637 note). ____ 252.225-7001 Buy American Act and Balance of Payment Program (APR 2003) (41 U.S.C. 10a-10d, E.O. 10582). __X__ 252.225-7012 Preference for Certain Domestic Commodities (FEB 2003) (10.U.S.C. 2533a). ____ 252.225-7014 Preference for Domestic Specialty Metals (APR 2003) (10 U.S.C. 2533a). ____ 252.225-7015 Preference for Domestic Hand or Measuring Tools (APR 2003) (10 U.S.C. 2533a). ____ 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings (APR 2003) (____Alternate I) (APR 2003) (10 U.S.C. 2534 and Section 8099 of Public Law 104-61 and similar sections in subsequent DoD appropriations acts). ____ 252.225-7021 Trade Agreements (APR 2003) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). ____ 252.225-7027 Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). ____ 252.225-7028 Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). ____ 252.225-7036 Buy American Act--North American Free Trade Agreement Implementation Act--Balance of Payment Program (JAN 2004) (_____Alternate I) (JAN 2004) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). ____ 252.225-7038 Restriction on Acquisition of Air Circuit Breakers (APR 2003) (10 U.S.C. 2534(a)(3)). ____ 252.227-7015 Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320). ____ 252.227-7037 Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321). ____ 252.232-7003 Electronic Submission of Payment Requests (MAR 2003) (10 U.S.C. 2227). __X__ 252.243-7002 Certification of Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). __X__ 252.247-7023 Transportation of Supplies by Sea (MAY 2002) (______Alternate I) (MAR 2000) (______Alternate II) (MAR 2000). __X__252.247-7024 Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (Federal Acquisition Regulation 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: 252.225-7012 Preference for Certain Domestic Commodities (End of clause) CCE-204-4005 CONVENTIONAL FORCES EUROPE (CFE) TREATY VERIFICATION INSPECTIONS Certain Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty verification teams. The Government will endeavor to provide the Contractor as much notice as pos sible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government and as soon as circumstances permit. The Contractor shall report such inspections to the Contracting Officer in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U.S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the Contracting Officer. CCE-232-4001 INVOICE PAYMENT (GERMANY) Supplies or services provided under this contract are considered constructively accepted on the 10th day after receipt for payment purposes. (Applies only to domestic (U.S.) firms) CCE-233-4000 INDEPENDENT PROTEST REVIEW OFFICIAL Interested parties may file agency protests, in compliance with FAR 33.103(d), directly with the contracting officer or may request an independent review at a level above the contracting officer by the Independent Protest Review Official, U.S. Army Europe. Independent review is available as an alternative to consideration by the contracting officer of a protest or is available as an appeal of the contracting officer's decision on the protest. Interested parties seeking review by the Independent Protest Review Official, should so state in the agency protest or appeal, and should file the protest/appeal with the contracting officer. In order to be considered, an appeal to the Independent Protest Review Official must be received by the contracting officer within 10 calendar days of the date on which the protester received the contracting officers decision on the protest. (USACCE 19 July 1999) TAX RELIEF (JUN 1997) (a) Price set forth in this contract are exclusive of all taxes and duties from which the United States is exempt by virtue of tax agreements between the United States Government and the Contractors Government. The following taxes or duties have been exc luded from the contract price: NAME OF TAX _________________________ RATE (PERCENTAGE) ____ (b) The contractors invoice shall list separately the gross price, amount of tax deducted and net price charged. (c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials of components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor i ntends to use imported products from inventories on hand, the price of which includes a factor for import duties; the Contractor shall ensure the United States Governments exemption from these taxes. The Contractor may obtain a refund of the import dutie s from its Government or request the duty-free import of an amount of supplies or components corresponding to that use from inventory for this contract. (d) Tax Relief will be claimed in Germany pursuant to the provisions of the Agreement between the United States of America and Germany Concerning Tax Relief to be Accorded by Germany to United States Expenditures in the interest of Common Defense. The Con tractor shall use Abwicklungsschein fuer abgabenbeguenstigte Lieferungen/Leistungen nach dem Offshore Steuerabkommen (Performance Certificate according to the Offshore Tax Relief Agreement) or other documentary evidence acceptable to the German tax authori ties. All purchases made and paid for on a tax-free basis during a 30-day period may be accumulated, totaled and reported as tax-free. (DFARS 252.229-7001 ALT 1) CCE-225-4001A (Revised 11 Dec 02) INSTALLATION ACCESS CONTROL (a) Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by German law to work in Germany. Failure to submit required information/data and obtain required documentation or clearances in a ccordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controll ed areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware o f and comply with these requirements. (b) The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firms failure to comply w ith Installation Access Control (IAC) processing requirements. (c) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access. (d) AE 190-16 (and AE 190-16-G German translation) can be found on the following website: http://www.hq.usacce.army.mil/ (e) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract: Organizational Sponsor: Mr. Mumfrey Location: 11th Aviation Regiment DSN Phone No: 467-4280 Commercial Phone No: 09841-83-4280
- Place of Performance
- Address: ACA, RCO Wuerzburg Attn: AEUCC-W, Unit 26622, APO AE
- Zip Code: 09244-6622
- Country: EU
- Zip Code: 09244-6622
- Record
- SN00673069-W 20040916/040914212516 (fbodaily.com)
- Source
-
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