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10 May 2023: Solicitation is amended to provide extension through Monday, 15 May 2023 at 1:00 PM CST.

26 April 2023: Solicitation is amended to post a Question and Answers (Q&A) document and drawings.

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This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, 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 is being issued as a Request for Quote (RFQ) with the intent to award as a simplified acquisition. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-05. This requirement is 100% small business set aside and utilizes the North American Industry Classification System Code (NAICS) 335314 (RELAY AND INDUSTRIAL CONTROL MANUFACTURING) with a size standard of 750 employees. This procurement is being conducted in accordance with regulation at FAR 12, Acquisition of Commercial Products and Commercial Services and FAR Part 13, Simplified Acquisition Procedures.

Please see attached Performance Work Statement (PWS).

Instructions to Offerors (Reference FAR 52.212-1)

(a) The Offeror is responsible for reading all information contained in this solicitation and all attachments, if any, posted with it. Offerors should check the www.SAM.gov website often for any information regarding this solicitation and/or amendments to this solicitation. For information concerning this solicitation, please email Allison.B.Hudson@usace.army.mil and Jennifer.Hoben@usace.army.mil

(b) 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.

(c) Submission of offers. Signed and dated offers are due 15 May 2023, not later than 1:00 PM CST and must be submitted via email to: Allison.B.Hudson@usace.army.mil and Jennifer.Hoben@usace.army.mil. Offers may be submitted in writing on letterhead stationery, or as otherwise specified in the solicitation. At a minimum, offers must include:

(1) The solicitation number W912HZ23Q3773;

(2) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This includes providing the terms of any standard warranty and technical support. This may include product literature, or other documents, if necessary;

(3) Unit pricing and extended pricing for each item: State discount terms, if any;

(4) Cage code and/or DUNS Number.

(d) Late submissions, modifications, revisions, and withdrawals of offers - (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the designated government emails by the date and time designated in the solicitation; (2) Any offer, modification, revision, or withdrawal of an offer received after the exact date and time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; however, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted; and (3) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

(e) 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.

(f) Offers shall be made in accordance with the Performance Work Statement (PWS) document provided in the solicitation.

(g) Oral communications ARE NOT acceptable in response to this notice.

(h) Technical Inquiries and Questions: All technical inquiries and questions relating to this solicitation are to be submitted via email to Allison.B.Hudson@usace.army.mil and Jennifer.Hoben@usace.army.mil. Offerors shall submit questions at least 2 days prior to the closing/response date of the solicitation in order to ensure adequate time is allotted to form an appropriate response and to amend the solicitation, if necessary. Offerors must review the specifications in their entirety and review the www.SAM.gov website for answers to questions prior to submission of an inquiry

FAR 52.212-2 - Evaluation -- Commercial Items:

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government.

The following factors shall be used to evaluate offers:

1) Lowest Price

2) Technically Capability

The Government will issue an award to the offeror whose quote is the Lowest Price that is determined to meet at least the minimum requirements to be determined Technically Capable.

(1) Technically Capable is defined as the documented capability to meet the minimum requirements of the project as specified in this solicitation and the attached specifications, including evidence of the offeror's capability to provide the items specified and the ability to meet or exceed the specified delivery schedule. It is imperative that the offeror submit sufficient documentation and information for the Government to determine technical capability and quoted price. Failure to submit sufficient information for the Government to determine technical capability and quoted price may be cause for rejection of your quote.

(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)

Wage Determinations Service Contract Act WD # 2015-5173 will apply:

https://sam.gov/wage-determination/2015-5173/24

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

52.202-1 Definitions

52.203-3 Gratuities

52.203-6 Alt I Restrictions on Subcontractor Sales to the Government

52.203-17 Contractor Employee Whistleblower Rights and Requirements to Inform Employees of Whistleblower Rights

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

52.204-19 Incorporation by Reference of Representations and Certifications

52.212-3 Offerors Representations and Certifications- Commercial Items

52.212-4 Contract Terms and Conditions - Commercial Items

52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Items

52.215-1 Instructions to Offerors-Competitive Acquisition

52.217-9 Option to Extend the Term of the Contract

52.223-3 Hazardous Material Identification and Material Safety Data

52.223-4 Recovered Material Certification

52.223-5 Pollution Prevention and Right-To-Know Information

52.223-6 Drug-Free Workplace

52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items

52.223-10 Waste Reduction Program

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

52.223-18 Encouraging Contractor Policies to Ban Test Messaging While Driving

52.223-19 Compliance with Environmental Management Systems

52.223-20 Aerosols

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

52.225-13 Restrictions on Certain Foreign Purchases

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

52.232-1 Payments

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.243-1 Alt II Changes-Fixed-Price

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

52.209-6 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

52.219-28 Post Award Small Business Program Representation

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

52.232-34 Payment by Electronic Funds Transfer – Other than System for Award Management

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

252.204-7003 Control Of Government Personnel Work Product

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

Attachments/Links