FBODaily.com | FedBizOpps: PRESOL | D | Handheld Backscatter Imaging Systems - SF-18

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 18, 2018 FBO #6112
SOLICITATION NOTICE

D -- Handheld Backscatter Imaging Systems - SF-18

Notice Date: 8/16/2018
Notice Type: Combined Synopsis/Solicitation
NAICS: 334517 — Irradiation Apparatus Manufacturing
Contracting Office: Department of State, Office of Acquisitions, Acquisition Management, 1735 N. Lynn St., Arlington, Virginia, 22209, United States
ZIP Code: 22209
Solicitation Number: 19AQMM18Q0076
Archive Date: 9/30/2018
Point of Contact: Joonpil Hwang, Phone: 571-345-0583, ,
E-Mail Address: hwangj2@state.gov, IP_Contracting_Team@state.gov
(hwangj2@state.gov, IP_Contracting_Team@state.gov)
Small Business Set-Aside: N/A
Description: Standard Form 18 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, "Streamlined Procedures for Evaluation and Solicitation for Commercial Items," as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is 19AQMM18Q0076 and is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-98. This solicitation is for delivery of nine (9) ruggedized, self-contained, compact, lightweight handheld backscatter imaging systems to NDF customers in Egypt, and training of Egyptian personnel in their use. Delivery of all nine (9) handheld backscatter imaging systems and training is 12 months from the date of award. The associated North American Industrial Classification System (NAICS) code for this procurement is 334517 with a size standard of with a size standard of 1,000 employees. This procurement is issued under Full and Open procedures. All eligible businesses may submit an offer, which will be considered. Questions regarding this solicitation is due by 21 August 2018 at 12:00 PM EDT. No questions will be entertained after this date. Offers are due by 30 August 2018, at 12:00 PM, EDT. The point of contact is Mr. Joonpil Hwang at (571) 345-0583 or hwangj2@state.gov. Offers shall be submitted via e-mail. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE 0001 Nine (9) Handheld Portable X-ray Imaging Systems Contract Type: Firm Fixed Price Delivery terms: 12 months after date of award Quantity: 9.00 The contractor shall deliver and install one (1) Handheld Portable X-Ray Imaging System per each following locations in Egypt: 1. Koustal 2. Salaam Bridge Eastbound 3. Hamdi Tunnel Eastbound 4. Sharm el Shiekh 5. El Salloum 6. Port Fouad Eastbound 7. Port Fouad Westbound 8. Salaam Bridge West Bound 9. Hamdi Tunnel Westbound FOB: Destination 0002 Handheld Portable X-ray Imaging Systems Training Contract Type: Firm Fixed Price Delivery terms: 12 months after date of award The Contractor shall train up to 30 host country end-users in equipment operation and basic maintenance. The Contractor shall provide training in Arabic language. Training materials shall be written in Arabic language as well. &emsp; STATEMENT OF WORK I.Background The Nonproliferation and Disarmament Fund (NDF) was established under Section 504 of the FREEDOM Support Act P.L. (102-511) to promote bilateral and multilateral nonproliferation and disarmament activities. NDF activities include assistance worldwide for various nonproliferation and disarmament projects that involve efforts to halt the spread of weapons of mass destruction, their delivery systems, and conventional weapons systems; and the destruction of existing weapons, delivery systems and production facilities. NDF funds are available until expended. The Under Secretary for Arms Control and International Security approved projects 276, 277, and 308 to combat arms smuggling at Egypt's borders. This SOW addresses the Non-Intrusive Detection Systems used to detect weapons, organics and other anomalies in vehicles at border and security checkpoints. These above three projects involve several related contracts that allow the (1) manufacture and installation of Non-Intrusive Cargo Detection Systems, (2) construction and site preparation, and (3) purchase of generators for each site due to the poor electricity problems in Egypt. For more detailed inspections within vehicles, portable devices are required. II.Requirements The Contractor shall deliver nine (9) ruggedized, self-contained, compact, lightweight handheld backscatter imaging systems to NDF customers in Egypt, and train Egyptian personnel in their use. The Contractor shall manufacture, ship, provide operational instruction, and provide standard one-year warranty support for all equipment. At a minimum, the handheld backscatter imaging system shall be capable of the following: •Scanning targets such as vehicle bumpers, tires, panels and interior of vehicles and containers in such a manner as to be both safe to personnel and effective as a means of detecting contraband such as arms, drugs, ammunition and explosives; •Scan utilizing x-ray photons source no greater than 120 kilo electron volts (keV); •Providing photo-like images of scanned targets through 1mm to 2.5mm thick steel; •Self-contained operations in a dry, hot, desert climate; capable of operating in environments from -35 degrees Fahrenheit to 135 degrees Fahrenheit •Weigh less than 9.5 lbs; •All equipment shall be warranted against defects in materials and workmanship for a period of at least one year from the date of installation. Extended warranty coverage shall be proposed as a separately priced option. • Following equipment delivery, the Contractor shall train host country end-users in equipment operation and basic maintenance. The Contractor shall conduct the training in one location for up to 30 personnel. The Contractor shall provide the training in Arabic language. At the conclusion of training, host country end users must have adequate knowledge and reference resources necessary to operate the equipment safely and effectively, interpret imagery, and conduct routine maintenance on the equipment. III Period of Performance •The Handheld Backscatter Imaging System shall be delivered to all sites within 12 months after receipt of the order. •All end-user training shall be completed prior to acceptance of the systems. IV Place of Performance •This equipment shall be delivered to the following locations in Egypt: oKoustal oSalaam Bridge Eastbound oHamdi Tunnel Eastbound oSharm El Sheikh oEl Salloum oPort Fouad Eastbound oPort Fouad Westbound oSalaam Bridge Westbound oHamdi Tunnel Westbound •Actual addresses of each equipment will be provided after consultation between the contractor and the end user. •Training location's address will be provided after consultation between the contractor and the end user. V Additional Deliverables •The Contractor shall furnish the COR with weekly project status reports. At a minimum, these reports shall detail: oWork completed during the reporting period; oManufacturing status; oProgress made towards significant project milestones; oProblems encountered and action taken to overcome those problems; oAction items requiring Department of State or host government attention; oTraining schedule(s); oTraining materials; oAny recommendations the Contractor may offer to improve project efficiency; and oAny other information pertinent to project progress. The Contractor shall furnish Arabic-language copies of all equipment documentation and training materials. One complete set shall be provided to each host country end-user during end-use training sessions. All documentation is unclassified. Additionally, Contractor personnel shall attend regular and ad-hoc meetings at the Department of State's Washington, DC headquarters, as may be required by the COR. Key Personnel: The Contractor shall assign the following key personnel this task order: LABOR CATEGORYNAME Program ManagerTBD Project ManagerTBD The Program Manager is responsible for overall task order management and serves as the Government's primary point of contact for contract issues. The project manager is responsible for overseeing technical implementation of all task order requirements, and serves as the COR's primary contact for day-to-day technical issues. •The Contractor will provide the Department of State Contracting Officer the names of all personnel who are assigned to this project, including subcontractors. •All proposed substitutes shall meet or exceed the qualifications of the person to be replaced. The Contracting Officer shall be notified in writing of any proposed substitution at least forty-five days, or ninety days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include: •An explanation of the circumstances necessitating the substitution; •A complete resume of the proposed substitute; and •Any other information requested by the Contracting Officer to enable him to judge whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award. •Government-furnished Information The Department of State will provide, if required and appropriate, the Contractor with the text of unclassified correspondence and unclassified agreements with the host government, as may be necessary to facilitate task order execution. All task orders will be unclassified. DOSAR 652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999) (Reference DOSAR 642.272(a)) (a) The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, unless the COR is a warranted Contracting Officer and this authority is delegated in the designation. AUTHORITY OF CONTRACTING OFFICER All work shall be performed under the general direction of the Contracting Officer, who alone shall have the power to bind the Government and to exercise the rights, responsibilities, authorities and functions vested by the contract, except that the Contracting Officer shall have the right to designate authorized representatives to act for the Contracting Officer, as specifically provided in the designation of that individual, such as a Contracting Officer's Representative (COR). Contracting Officer: Joonpil Hwang E-mail: hwangj2@state.gov First Class Mailing: U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, Virginia 22219 Contracting Officer's Representative (COR): TBD E-mail: TBD PAYMENT Invoice submission is only via the Office of Claims' Commercial Claims Operations fax server, toll-free number: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately. To constitute a proper invoice, the invoice must include the following information and/or attached documentation: (1) Name and Address of the Contractor (2) Dun and Bradstreet Universal Number System (DUNS) (3) Date of invoice (4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number. (5) Remittance Contact Information (6) Shipping Terms, Ship to Address (7) Payment Terms (8) Total Quantity of Items (9) Total Invoice Amount (10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable. (11) Order line item number and information (see below instructions) The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment. IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must contain the following information: (1) Description of the services rendered for each line item (2) Line Item Quantity (3) Line Item Unit Price (4) Total Line Item Invoicing Amount (5) Delivery Date (6) Contract Line Item Number (CLIN) (7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA) Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Contract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases. All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are registered in the Central Contractor Registration (CCR) should verify and re-confirm their financial information in the database prior to invoicing. Vendors who wish to request a waiver of CCR or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award. Additional correspondence should be addressed to: U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center Mailing Address: Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers: Director's Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am - 5:00 pm To request Payment Status on a Past Due Invoice contact: Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov (End of clause) SAFEGUARDING OF INFORMATION The Contractor and its employees shall exercise utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except to the extent necessary to perform their required duties in the performance of the contract requirements or as provided by written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for sole use of and shall become the exclusive property of the U.S. Government. No article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of the work performed under this contract shall be published or disseminated through any media, to include company websites, without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract or at any other point in time. The Contract shall include the substance of this provision in all subcontracts hereunder. The contractor shall notify the Contracting Officer if any legal dispute arises between the contractor and any subcontractor or vendor pertaining to performance on this contract which could potentially result in disclosure of any information related to design, construction or maintenance of a diplomatic facility overseas. Legal disputes include legal actions submitted to civil, criminal, local or federal courts, as well as disputes submitted to arbitration or mediation. This responsibility to notify the Contracting Officer shall not cease upon the expiration or termination of this contract. The contractor hereby agrees to be responsible for all costs associated with the release, whether authorized or unauthorized, of project information for which the contractor or a subcontractor at any level is responsible, including releases associated with legal disputes, and agrees to fully indemnify the government for any expense that the government incurs as a result of the release or use of information including all costs associated with steps taken by the government to mitigate exposure in anticipation of the use of project information in legal disputes and/or costs which result from mitigation of the release of project information. This indemnity agreement made herein by the contractor includes all disputes with, between, and among the contractor and any party and the contractor's sub-contractor's, to the lowest tier and any party. This agreement by the contractor to fully indemnify the government shall not cease upon the expiration or termination of this contract. The contractor shall include the substance of this provision in all subcontracts. GOVERNING LAW The laws of the United States shall govern the contract and the interpretation thereof. LAWS AND REGULATIONS The Contractor shall, without additional expense to the Government, be responsible for complying with all laws, codes, ordinances, and regulations applicable to the performance of the work, including those of the host country, and with the lawful orders of any governmental authority having jurisdiction. Host country authorities may not enter the construction site without the permission of the Contracting Officer. Unless otherwise directed by the Contracting Officer, the Contractor shall comply with the more stringent of the requirements of such laws, regulations and orders and of the contract. In the event of a conflict among the contract and such laws, regulations and orders, the Contractor shall promptly advise the Contracting Officer of the conflict and of the Contractor's proposed course of action for resolution by the Contracting Officer. Labor, Health and Safety Laws and Customs. The Contractor shall comply with all local labor laws, regulations, customs and practices pertaining to labor, safety, and similar matters, to the extent that such compliance is not inconsistent with the requirements of this contract. Subcontractors. The Contractor shall give written assurance to the Contracting Officer that all subcontractors and others performing work on or for the project have obtained all requisite licenses and permits. Evidence of Compliance. Proper documentation and evidence satisfactory to the Contracting Officer of compliance with this clause shall be submitted by the Contractor at such times as directed by the Contracting Officer. WAR RISKS Notwithstanding the language of any Contract clause entitled "Default," or any other provision of this contract, and except as set forth in paragraph H.15.6 below, the Government assumes the risk of loss or damage to and/or destruction of, completed or partially completed work performed under this contract, and materials delivered to the site, where such loss, damage, and/or destruction occurs by, or as a result of war risks such as civil commotion, riot, sabotage, insurrection, rebellion, revolution, or hostile or warlike action, including action in hindering, combating, or defending against an actual impending or expected attack by any government or sovereign power (de jure or de facto) or by any authority using military, naval or air forces, and agrees that the Contractor shall not be responsible for such loss, damage and/or destruction. If directed in writing by the Contracting Officer (CO), the Contractor shall proceed to replace and/or repair such part of the completed work as may have been lost, damaged, and/or destroyed as herein set forth, and in such event, an equitable adjustment shall be made in accordance with existing procedures. If the Contractor carries any insurance which the CO determines may cover any of the risks assumed by the Government under this section, the Contractor shall make demand against the insurer in the amount recoverable, and to reduce its claim hereunder by the net amount recovered from the insurer or, at the option of the CO, assign to the Government its rights against the insurer for the risks covered by this clause and, upon the request of the CO, furnish to the Government, and (at the Government's expense), all reasonable assistance and cooperation (including the prosecution of suit and the execution of instruments of assignment or subrogation in favor of the Government) in obtaining recovery. Any indemnification or other coverage of such risks under the laws or regulations of the countries in which the work is performed or from any other source shall be pursued and treated in the same manner as above in this paragraph. If the total amount of compensation from the above sources exceeds the amount of the allowable claim, such excess shall be paid to the Government. The Contractor shall give the CO prompt notice of any loss of, damage to, and/or destruction of, property for which the Government has assumed the risk under this clause, and shall furnish evidence or proof of such loss, damage, and/or destruction in such manner or form as may be required by the CO. The Government is not obliged to replace or repair the work that has been lost, destroyed, or damaged. Except for payments by the Government, if the Contractor is in any way compensated for any loss or destruction to the work, the Contractor, as directed by the CO, shall either: Use the proceeds to repair, renovate, or replace the work involved; or Pay such proceeds to the Government. The Contractor shall indemnify and save harmless the Government from and against all claims, damages, losses and expenses, direct, indirect or consequential arising out of or resulting from any act or omission of the Contractor, its agents, employees, or any subcontractor, in the execution or protection of the work. The Contractor's assumption of liability continues independent of the coverage of any insurance policies. Failure to agree to any adjustment contemplated under this section shall be a dispute within the meaning of the Disputes Clause. However, nothing in this Section shall excuse the Contractor from proceeding with the work, including the repair and/or replacement as herein required. ASSIGNMENT The Contractor shall not assign the contract or any part thereof without the written consent of the Contracting Officer, nor shall the Contractor assign any moneys or other benefits due or to become due to him hereunder, without the previous written consent of the Contracting Officer. REVIEW OF DOCUMENTS AND LOCAL CONDITIONS Each Offeror is responsible for: 1.Thoroughly examining the Solicitation Documents and the proposed Contract Documents and understanding the requirements thereof. 2.Visiting the project site and verifying all pertinent site conditions, including the past, current, and future security conditions that might have an impact upon the contractor's performance of the contract. 3.Knowing all applicable U.S. and host country laws and regulations, including host country laws and regulations concerning the importation of labor and materials, taxes, or otherwise bearing on the performance of the Contract. 4.Familiarizing itself with all codes, standards and other documents referenced in the proposed Contract Documents. 5.Ascertaining the availability of all materials and equipment necessary to produce the work required by the proposed Contract Documents, of sufficient skilled labor to perform the work, and of the availability of transportation to the site. INDEMNIFICATION AGAINST CLAIMS AND ENCUMBRANCES The Contractor shall indemnify the Government for any and all costs or damage which the Government may suffer by reason of the failure of the Contractor to comply with this contract, and in this connection agrees to defend the building(s), premises, and the Government, against such claims or encumbrances. In the event that any such claim or encumbrance is not promptly removed, the contractor agrees to defend the building(s), premises, and the Government, against such claims or encumbrances. In the event that any such claim or encumbrance is not promptly removed or otherwise disposed of to the satisfaction of the Contracting Officer, the Government may, at its discretion, satisfy or remove such encumbrance, and the Contractor shall be liable for any expenses, including any legal fees, incurred by the Government therein. OTHER SERVICES NOT TO RELIEVE CONTRACTOR In the interest of expediting the project, the Government may, in its sole discretion, undertake to provide additional services for or on behalf of the Contractor which are not required of the Government under this contract, such as assisting the Contractor in obtaining customs clearances other than those for which the Government is responsible, tax exemptions, licenses, permits and approvals from local governmental authorities. However, the Government shall be under no obligation to do so, and neither the provision nor the failure to provide such services nor the manner in which such services are provided shall relieve the Contractor of or excuse the Contractor from any of its responsibilities under the contract. ERRONEOUS REPRESENTATIONS The certifications and representations made by the Contractor, and in particular the certification regarding previous crimes, debarments, suspensions, and defaults contained in the representation and certification provision of the contract solicitation, are material representations of fact upon which the Government relies when awarding the contract. If it is later determined that such certifications and representations were erroneous, in addition to other remedies available to the Government, the Government reserves the right to terminate for default any contract resulting from the solicitation. AUTHORIZED REPRESENTATIVE OF THE CONTRACTING OFFICER The Contracting Officer may designate in writing one or more Government employees, by name and position title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract. Contracting Officer Representative (COR): The Government control of the Project at the site shall be under the direction of the COR. The COR is the authorized representative of the Contracting Officer as to the interpretation of the Contract Drawings, Specifications, and other contract terms within the COR's express delegation of authority from the Contracting Officer which will be provided in writing. The COR shall obtain the decision of the Contracting Officer when necessary. U.S. Government Personnel. No Government representative, unless that representative is designated or appointed as a Contracting Officer, has authority to issue technical direction which: (1) Constitutes an assignment of additional work outside the Statement of Work; (2) Constitutes a change as defined in the contract clause entitled "Changes;" (3) In any manner causes an increase or decrease in the total price or the time required for contract performance; or (4) Changes any of the expressed terms, conditions or specifications of the contract. Any work performed by the Contractor at the direction of other than a warranted Contracting Officer, acting within the limitations of their authority, shall be at the Contractor's own risk and expense. RESPONSIBILITY OF CONTRACTOR Damage to Persons or Property. The Contractor shall be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence, and shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. Responsibility for Work Performed. The Contractor shall be responsible for all materials delivered and work performed until final completion and acceptance of the entire work, except for any completed unit of work which may have been accepted in writing under the contract. Responsibility of the Contractor. It is the responsibility of the Prime Contractor to review and approve all submittals initiated by their respective subcontractors. Any submittal received by the Government for review and approval that has not been first reviewed and approved by the Prime Contractor may be summarily rejected without discussion. INFORMATION CONCERNING THE HOST COUNTRY Information Concerning Host Country. The offeror shall confirm and verify all information and shall not rely on data provided by the Government concerning the host country, such as climatological data at the site, local laws and customs, currency restrictions, taxes, or the availability of local labor, materials and transportation, etc. It is the responsibility of the Offeror to determine and gather the information necessary to perform this contract. Information Obtained by Offeror. Before submitting a proposal, each Offeror shall, at its own expense, make or obtain any additional examinations, investigations, explorations, tests and studies, and obtain any additional information which the Offeror requires. Notice of Errors or Discrepancies. Offerors shall promptly notify the issuing office of any apparent ambiguity, inconsistency or error in or among the Solicitation Documents, the proposed Contract Documents, site data provided by the Government, and the requirements of applicable laws, regulations or customs, which they discover as a result of their examination of such documents or upon examination of the project site and review of local conditions affecting the performance of the contract. If necessary, the Government will issue Amendments to supplement the documents or correct any ambiguity, inconsistency or error found. CHANGE ORDER PROCESSING In the event a change to the contract is required, either due to a request from the Government or as identified by the Contractor, the Government will endeavor to issue an appropriate modification, if required, within thirty (30) days if within the authority of the Contracting Officers Representative or within sixty (60) days if additional approvals are required. TRAFFICKING PERSONS COMPLIANCE PLAN CERTIFICATION Contractors shall certify annually to the CO and COR that the contractor and subcontractors have a compliance plan in place appropriate to the size and nature of the program to prevent trafficking activities and to comply with Section H.50 Labor Relations & Actions, and the trafficking in persons clause 52.222-50 COMBATING TRAFFICKING IN PERSONS. The certification shall confirm that, to the best of its knowledge and belief, neither the prime nor subcontractor have engaged in any trafficking related activities described in section 106(g) of the Trafficking Victims Protection Act (TVPA) or the prohibitions of this clause. CLAUSES INCORPORATED BY REFERENCE 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. OCT 2015 CLAUSES INCORPORATED BY FULL TEXT 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-- REPRESENTATION (NOV 2015) (a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that-- (1) It [ ] is, [ ] is not an inverted domestic corporation; and (2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation. (End of provision) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that-- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) &emsp; CLAUSES INCORPORATED BY REFERENCE 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 ADDENDUM TO 52.212-4 (w) The non-FAR Part 12 discretionary FAR, DOSAR 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 herein for locations where full text can be found. (End of Clause) CLAUSES INCORPORATED BY REFERENCE 52.202-1 Definitions NOV 2018 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Alternate I Oct 1995 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR 2014 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities Jul 2018 52.211-5 Material Requirements AUG 2000 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture (Mar 2015) 52.232-1 Payments APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award Management JUL 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractor DEC 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.243-1 Changes-Fixed-Price AUG 1987 52.244-6 Subcontracts for Commercial Items JUL 2018 CLAUSES INCORPORATED BY FULL TEXT 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) (a) Definitions. As used in this clause-- Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Subsidiary means an entity in which more than 50 percent of the entity is owned-- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. (b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event. (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/these address(es): http://farsite.hill.af.mil (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 clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of clause) (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xii) X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xv) 52.222-54, Employment Eligibility Verification (Oct 2015). (xvii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xix) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) &emsp; 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 ADDENDUM TO 52.212-1 DOSAR 652.232-70 PAYMENT SCHEDULE AND INVOICE SUBMISSION (FIXED-PRICE)(AUG 1999) (Reference 632.908(a)) (a) General. The Government shall pay the contractor as full compensation for all work required, performed and accepted under this contract, inclusive of all costs and expenses, the firm fixed-price stated in Section B of this contract. [Use paragraph (b) only if partial payments apply. Otherwise, paragraph (a) above assumes the contractor will be paid in full amount upon completion of all contractual requirements.] (b) Payments Schedule. Payments will be made in accordance with the following partial payment schedule: ___________________________________________________________________________ Partial | Specific | Delivery | Payment payment No. | deliverable | date | amount _______________|_______________________|____________________|______________ 52.209-12 Certification Regarding Tax Matters (FEB 2016) (a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts. (b) If the Offeror is proposing a total contract price that will exceed $5,000,000 (including option), the Offeror shall certify that, to the best of its knowledge and belief, it- (1) Has [ ] filed all Federal tax returns required during the three years preceding the certification; (2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986; and (3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (End of provision) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil (End of provision) 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. (b) 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. (End of provision) 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (a) See Addendum 52.212-2 (b) 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 This acquisition will utilize the Best Overall Value Tradeoff Process to make a best value award in accordance with FAR Part 15.101-1. The Government intends to make tradeoffs among cost or price and non-cost factors and award based on the individual proposals received in response to the solicitation. The Government will evaluate the Cost/Price evaluation factor as described in this section. An "Unacceptable" rating in any factor or sub-factor will result in the elimination of a contractor's proposal from consideration for award. The Government will use the following evaluation factors and sub-factors in its evaluation. Factor 1 - Technical Capability Factor 2 - Similar Experience Factor 3 - Past Performance Factor 4 - Price The non-cost evaluation factors above are listed in descending order of importance. All sub-factors within each factor are of equal importance. Technical and other non-cost factors when combined are significantly more important than cost/price. Evaluation Criteria In evaluating each of the technical evaluation factors, the government will consider all information throughout the technical proposal (Volume I) that reasonably relates to the stated evaluation factor, regardless of its location or section within Volume I. The Government will apply the following criteria in its evaluation: The Government's evaluation of the offeror's proposal will consider the strengths, weaknesses and risks of the offeror's technical approach in addressing all requirements described herein. Factor 1 - Technical Capability The Government will evaluate the offeror's technical capabilities based on their ability to demonstrate a broad understanding of the product, delivery, customization and installation of the required Scanners in this SOW. Demonstrate a broad understanding of the product with experience in the, delivery, customization and installation in providing the required handheld backscatter imaging systems as defined in the SOW for a minimum of one project of similar size, scope and complexity. Offerors must, at a minimum, provide the following: schematic diagram/design drawings of the handheld imaging systems; components and subcomponents comprising the handheld imaging systems, identification of the project(s) of similar size, scope and complexity for which the handheld imaging systems were provided. Provide a clear and concise description of the management controls and procedures that will be employed for the assembly, shipment, delivery, training and installation of the handheld imaging systems. Factor 2 - Similar Experience The Government will evaluate the extent of the offeror's experience during the last five (5) years, including planning and implementation of contracts similar in size, scope, and complexity to the handheld backscatter imaging system manufacturing, delivery and maintenances identified in this SOW. Factor 3 - Past Performance The Government will evaluate the offeror's past performance of three (3) previous contracts, with at least one (1) previous or current contract with relevancy within the past 12 months based on how well the contractor performed on projects of similar size, scope and complexity. Factor 4 - Price The Government will evaluate offeror's price proposal for price reasonableness based on the each CLIN and total price proposed for performance of the requirement as specified in this SOW. Note: The Government will make award to the responsible offeror whose offer conforms to the requirements of the solicitation and evaluate as being the most advantageous to the Government, price and other factors considered. For this solicitation, technical capability is significantly more important than price. Similar experience and past performance are more important than price. When combined, technical capability, similar experience and past performance are significantly more important than price. Adjectival Rating Methodology Evaluation Factor 1 - Technical Capability will be evaluated qualitatively by assigning the following ratings: RatingDescription SuperiorProposal meets all solicitation requirements, demonstrates a good understanding of the requirements and has features that offer some advantage to the Government. Advantages/strengths generally outweigh any disadvantages/weaknesses. Good probability of success with very low degree of risk of unsuccessful performance. AcceptableProposal meets basic solicitation requirements and demonstrates an adequate understanding of the requirements but does not offer significant advantages to the Government over basic RFP requirements. Disadvantages/weaknesses are not significant, unless significant advantages are proposed that outweigh significant disadvantages. Where there were areas of concern, clarifications given by offeror, were acceptable. Reasonable probability of success with low degree of risk of unsuccessful performance. MarginalProposal does not clearly meet all requirements, not does it demonstrate an adequate approach and understanding of the requirements. The proposal has one or more weaknesses, which may require correction. Some areas of concern may not have been fully addressed by offeror, leaving some ambiguities. Risk of unsuccessful performance is moderate. UnacceptableProposal does not meet requirements and contains one or more significant deficiencies. Risk of unsuccessful performance is high. Proposal is unawardable without being rewritten. Factor 2, Similar Experience will be evaluated qualitatively by assigning the following ratings: RatingDefinition Very RelevantPresent/past performance effort involved comparable scope and magnitude of effort and complexities as this solicitation requires. RelevantPresent/past performance effort involved much of the magnitude of effort and complexities this solicitation requires. Somewhat RelevantPresent/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires. Not RelevantPresent/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires. Factor 3, Past Performance will be evaluated qualitatively by assigning the following ratings: RatingDescription Substantial ConfidenceBased on the offeror's recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort. It is unlikely that Government intervention will be needed in order to obtain the required product/service. Satisfactory ConfidenceBased on the offeror's recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort. Little Government intervention is expected to be needed in order to obtain the required product/service. Unknown Confidence (Neutral)No recent/relevant performance record is available or the offeror's performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. Limited ConfidenceBased on the offeror's recent/relevant performance record, the Government has a low expectation that the offeror will successfully perform the required effort. Some Government intervention is expected to be needed in order to obtain the required product/service. No ConfidenceBased on the offeror's recent/relevant performance record, substantial doubt exists that the offeror will be able to successfully perform the required effort.
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Place of Performance: Address: oKoustal, oSalaam Bridge Eastbound, oHamdi Tunnel Eastbound, oSharm El Sheikh, oEl Salloum, oPort Fouad Eastbound, oPort Fouad Westbound, oSalaam Bridge Westbound, oHamdi Tunnel Westbound, Egypt
Record: SN05041448-W 20180818/180816231607-2b2f84c0f9746ae8ff5ba61e24bcde69 (fbodaily.com)
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D -- Handheld Backscatter Imaging Systems - SF-18