Added: May 02, 2008 11:30 am
This is a combined synopsis/solicitation for commercial items 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; proposals are being requested and a written solicitation will
not be issued.
This synopsis/solicitation is being issued as a Request for Quotation (RFQ)
under solicitation number W15QKN-08-T-0321.
The solicitation document and incorporated provisions and clauses are those in
effect through Federal Acquisition Circular 2005-25.
The appropriate NAICS code and small business size standard is 334112 and
1,000 employees respectively.
The Office of the Project Manager for Combat Ammunition Systems is seeking
companies with the ability to manufacture a rugged case that protects the US
Armys and USMCs M32, Light Weight Handheld Mortar Ballistic Computer (LHMBC)
components during operations, shipping, and storage.
SUPPLIES AND PRICES/COSTS
ITEM NO. ITEM DESCRIPTION
0001 Rugged Cases (Hardigg IM2450 or Equal)
For Light Weight Handheld Mortar
Ballistic Computer (LHMBC)
Quantity: 115 each
Firm Fixed Price (FFP)
Offeror is required to provide F.O.B. Destination pricing
TOTAL UNIT PRICE
$__________
Attached below is the Statement of Work (SOW) for this effort. The cases must
be Hardigg IM2450 Brand Name or Equal, and meet the following requirements:
PURCHASE ORDER
Purchase of Rugged Cases for Lightweight Handheld Mortar
Ballistic Computer (LHMBC) and Accessories
1 SCOPE
This effort is a purchase order for an accessory to support the US Armys and
USMCs M32, Light Weight Handheld Mortar Ballistic Computer (LHMBC). The LHMBC
has been purchased under the US Armys CHS-3 contract by PM Mortars to support
the Army and Marines. Each LHMBC system requires a rugged case that protects
the components during operations, shipping, and storage.
2 BACKGROUND
The LHMBC will provide the primary means by which dismounted Mortar Fire
Direction Center (FDC) personnel translate requests for fire to firing data
and fire commands by automating the computation and display of accurate firing
solutions. This LHMBC computer is available under the Armys Common Hardware /
Software 3 (CHS-3) program
2.1 APPLICABLE DOCUMENTS
N/A.
3. REQUIREMENTS
Hardigg IM2450 or equivalent.
The contractor shall furnish 115 cases which meet the following requirements:
1. The case shall have the following exterior dimensions:
Width: 19 to 20
Length: 15 to 16
Depth: 9 to 10
2. The case shall have the following interior dimensions:
Width: 18 to 19
Length: 13 to 14
Depth: 8 to 9
3. The case shall weigh no more than 8 pounds.
4. The case shall have secure closing latches.
5. The case shall have a handle.
6. The case shall have a shoulder strap.
7. The case shall meet airline carry-on regulations.
8. The case exterior shall be composed of strong HPX resin or equivalent.
9. The case shall be watertight.
10. The case exterior shall be the color black.
11. The case interior shall have a foam liner for insulation, but shall not
consist of pick and pluck foam.
12. The case shall meet the following standards and or regulations:
a. Drop Test
FED-STD-101C, Method 5007.1,Paragraph6.3,Procedure A,Level A.
b. Falling Dart Impact
ATA 300, Category I, General Requirements for Category I and II
Reusable Containers
c. Vibration (loose cargo)
FED-STD-101C, Method 5019
d. Vibration (sweep)
ATA 300 (Jan 15/96) states in Appendix II, B.4
e. Simulated Rainfall
MIL-STD-810F, Method 506.4, Procedure II of 4.1.2
FED-STD-101C Method 5009.1, Sec 6.7.1
f. Immersion
MIL-STD-810F, Method 512.4
3.1 Shipping Instructions
The cases shall be shipped to:
ARDEC
DODAC: W15BXD
AMSRD-AAR-AEF-M
Attn: Andrew Stahl, Bldg 31, (973) 724-1540
Picatinny, NJ 07806-5000
3.2 Schedule
The contractor shall deliver the rugged cases no later than 90 days after the
date of award.
The following provisions apply to this acquisition:
The provision at FAR 52.212-1, Instructions to Offerors-Commercial, applies to
this acquisition.
Offerer must also include a completed copy of the provision at
FAR 52.212-3, Offeror Representations and Certification-Commercial Items, with
its offer. The full text of this clause may be accessed electronically at the
following address: http://farsite.hill.af.mil/VFFARA.htm.
The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items,
applies to this acquisition.
52.212-4 -- Contract Terms and Conditions -- Commercial Items.
Contract Terms and Conditions -- Commercial Items (Feb 2007)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance
those items that conform to the requirements of this contract. The Government
reserves the right to inspect or test any supplies or services that have been
tendered for acceptance. The Government may require repair or replacement of
nonconforming supplies or reperformance of nonconforming services at no
increase in contract price. If repair/replacement or reperformance will not
correct the defects or is not possible, the government may seek an equitable
price reduction or adequate consideration for acceptance of nonconforming
supplies or services. The Government must exercise its post-acceptance rights -
-
(1) Within a reasonable time after the defect was discovered or should have
been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless
the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to
receive payment due as a result of performance of this contract to a bank,
trust company, or other financing institution, including any Federal lending
agency in accordance with the Assignment of Claims Act (31 U.S.C.3727).
However, when a third party makes payment (e.g., use of the Governmentwide
commercial purchase card), the Contractor may not assign its rights to receive
payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made
only by written agreement of the parties.
(d) Disputes. This contract is subject to the Contract Disputes Act of 1978,
as amended (41 U.S.C. 601-613). Failure of the parties to this contract to
reach agreement on any request for equitable adjustment, claim, appeal or
action arising under or relating to this contract shall be a dispute to be
resolved in accordance with the clause at FAR 52.233-1, Disputes, which is
incorporated herein by reference. The Contractor shall proceed diligently with
performance of this contract, pending final resolution of any dispute arising
under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated
herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless
nonperformance is caused by an occurrence beyond the reasonable control of the
Contractor and without its fault or negligence such as, acts of God or the
public enemy, acts of the Government in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions, strikes,
unusually severe weather, and delays of common carriers. The Contractor shall
notify the Contracting Officer in writing as soon as it is reasonably possible
after the commencement of any excusable delay, setting forth the full
particulars in connection therewith, shall remedy such occurrence with all
reasonable dispatch, and shall promptly give written notice to the Contracting
Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or
electronic invoice, if authorized) to the address designated in the contract
to receive invoices. An invoice must include --
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order
number;
(iv) Description, quantity, unit of measure, unit price and extended price of
the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number
and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective
invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its
TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only
if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order
for the invoice to be a proper invoice, the Contractor shall have submitted
correct EFT banking information in accordance with the applicable solicitation
provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds
TransferCentral Contractor Registration, or 52.232-34, Payment by Electronic
Funds TransferOther Than Central Contractor Registration), or applicable
agency procedures.
(C) EFT banking information is not required if the Government waived the
requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31
U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment
regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its
officers, employees and agents against liability, including costs, for actual
or alleged direct or contributory infringement of, or inducement to infringe,
any United States or foreign patent, trademark or copyright, arising out of
the performance of this contract, provided the Contractor is reasonably
notified of such claims and proceedings.
(i) Payment.
(1) Items accepted. Payment shall be made for items accepted by the Government
that have been delivered to the delivery destinations set forth in this
contract.
(2) Prompt Payment. The Government will make payment in accordance with the
Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR
Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT,
see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time
shall be computed from the date of the invoice. For the purpose of computing
the discount earned, payment shall be considered to have been made on the date
which appears on the payment check or the specified payment date if an
electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract
financing or invoice payment or that the Government has otherwise overpaid on
a contract financing or invoice payment, the Contractor shall immediately
notify the Contracting Officer and request instructions for disposition of the
overpayment.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of
loss or damage to the supplies provided under this contract shall remain with
the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin;
or
(2) Delivery of the supplies to the Government at the destination specified in
the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and
local taxes and duties.
(l) Termination for the Governments convenience. The Government reserves the
right to terminate this contract, or any part hereof, for its sole
convenience. In the event of such termination, the Contractor shall
immediately stop all work hereunder and shall immediately cause any and all of
its suppliers and subcontractors to cease work. Subject to the terms of this
contract, the Contractor shall be paid a percentage of the contract price
reflecting the percentage of the work performed prior to the notice of
termination, plus reasonable charges the Contractor can demonstrate to the
satisfaction of the Government using its standard record keeping system, have
resulted from the termination. The Contractor shall not be required to comply
with the cost accounting standards or contract cost principles for this
purpose. This paragraph does not give the Government any right to audit the
Contractors records. The Contractor shall not be paid for any work performed
or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any
part hereof, for cause in the event of any default by the Contractor, or if
the Contractor fails to comply with any contract terms and conditions, or
fails to provide the Government, upon request, with adequate assurances of
future performance. In the event of termination for cause, the Government
shall not be liable to the Contractor for any amount for supplies or services
not accepted, and the Contractor shall be liable to the Government for any and
all rights and remedies provided by law. If it is determined that the
Government improperly terminated this contract for default, such termination
shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items
furnished under this contract shall pass to the Government upon acceptance,
regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered
hereunder are merchantable and fit for use for the particular purpose
described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express
warranty, the Contractor will not be liable to the Government for
consequential damages resulting from any defect or deficiencies in accepted
items.
(q) Other compliances. The Contractor shall comply with all applicable
Federal, State and local laws, executive orders, rules and regulations
applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees
to comply with 31 U.S.C. 1352 relating to limitations on the use of
appropriated funds to influence certain Federal contracts; 18 U.S.C. 431
relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work
Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41
U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.
40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract
shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and
Compliance with Laws Unique to Government Contracts paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements
for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
The specification.
(t) Central Contractor Registration (CCR).
(1) Unless exempted by an addendum to this contract, the Contractor is
responsible during performance and through final payment of any contract for
the accuracy and completeness of the data within the CCR database, and for any
liability resulting from the Governments reliance on inaccurate or incomplete
data. To remain registered in the CCR database after the initial registration,
the Contractor is required to review and update on an annual basis from the
date of initial registration or subsequent updates its information in the CCR
database to ensure it is current, accurate and complete. Updating information
in the CCR does not alter the terms and conditions of this contract and is not
a substitute for a properly executed contractual document.
(2)
(i) If a Contractor has legally changed its business name, doing business as
name, or division name (whichever is shown on the contract), or has
transferred the assets used in performing the contract, but has not completed
the necessary requirements regarding novation and change-of-name agreements in
Subpart 42.12, the Contractor shall provide the responsible Contracting
Officer a minimum of one business days written notification of its intention
to:
(A) Change the name in the CCR database;
(B) Comply with the requirements of Subpart 42.12 of the FAR;
(C) Agree in writing to the timeline and procedures specified by the
responsible Contracting Officer. The Contractor must provide with the
notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)
(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)
(C) of this clause, and, in the absence of a properly executed novation or
change-of-name agreement, the CCR information that shows the Contractor to be
other than the Contractor indicated in the contract will be considered to be
incorrect information within the meaning of the Suspension of Payment
paragraph of the electronic funds transfer (EFT) clause of this contract.
The Contractor shall not change the name or address for EFT payments or manual
payments, as appropriate, in the CCR record to reflect an assignee for the
purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims).
Assignees shall be separately registered in the CCR database. Information
provided to the Contractors CCR record that indicates payments, including
those made by EFT, to an ultimate recipient other than that Contractor will be
considered to be incorrect information within the meaning of the Suspension
of payment paragraph of the EFT clause of this contract.
Offerors and Contractors may obtain information on registration and annual
confirmation requirements via the Internet at http://www.ccr.gov or by calling
1-888-227-2423, or 269-961-5757.
(End of Clause)
The clause at FAR 52.212-5, Contract Terms and Conditions Required to
Implement Statutes or Executive Orders Commercial Items applies to this
acquisition.
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or
Executive Orders -- Commercial Items.
Contract Terms and Conditions Required to Implement Statutes or Executive
Orders -- Commercial Items (Apr 2008)
(a) The Contractor shall comply with the following Federal Acquisition
Regulation (FAR) clauses, which are incorporated in this contract by
reference, to implement provisions of law or Executive orders applicable to
acquisitions of commercial items:
52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-
77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b)
that the contracting officer has indicated as being incorporated in this
contract by reference to implement provisions of law or Executive orders
applicable to acquisitions of commercial items:
52.222-3, Convict Labor (June 2003)(E.O. 11755).
52.222-19, Child LaborCooperation with Authorities and Remedies (Feb 2008)
(E.O. 13126).
52.222-21, Prohibition of Segregated Facilities (Feb 1999).
52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).
52.222-36, Affirmative Action for Workers with Disabilities (Jun
52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all
contracts).
52.225-1, Buy American Act--Supplies (June 2003)(41 U.S.C. 10a-10d).
52.225-13, Restrictions on Certain Foreign Purchases (Feb 2006) (E.o.s,
proclamations, and statutes administered by the Office of Foreign Assets
Control of the Department of the Treasury).
52.232-33, Payment by Electronic Funds TransferCentral Contractor
Registration (Oct. 2003)(31 U.S.C. 3332).
Any contract awarded as a result of this solicitation will be DO rated order
certified for national defense use under the Defense Priorities and
Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to
follow all of the requirements of this regulation.
(End of Provision)Availability of Funds
Funds are not presently available for this contract. The Governments
obligation under this contract is contingent upon the availability of
appropriated funds from which payment for contract purposes can be made. No
legal liability on the part of the Government for any payment may arise until
funds are made available to the Contracting Officer for this contract and
until the Contractor receives notice of such availability, to be confirmed in
writing by the Contracting Officer.
Time of Delivery (Jun 1997)
The Government requires delivery to be made according to the following
schedule:
Required Delivery Schedule:
The cases shall be shipped to:
ARDEC DODAC: W15BXD AMSRD-AAR-AEF-M Attn: Andrew Stahl, Bldg 31, (973) 724-1540 Picatinny, NJ 07806-5000
This combined synopsis/solicitation will result in a firm fixed price award.
Commercial warranty requirements apply to this acquisition that is consistent
with customary commercial practices. The name and telephone number of the
individual to contact for information regarding the solicitation is Ms. Stacy
Kettler, phone 973-724-2877 e-mail stacy.kettler@us.army.mil.
NOTE: This solicitation incorporates one or more solicitation
provisions by reference, with the same force and effect as if they were given
in full text. The full text of a solicitation provision may be accessed
electronically at http://farsite.hill.af.mil/VFFARA.htm.
Proposals may be e-mailed to stacy.kettler@us.army.mil or proposals may be faxed to (973) 724-4524, Attn: Stacy Kettler. Closing date for receipt of proposals is 3:00 p.m. EDT, 30 May 2008. NOTE 23 applies.
This is a competivie requirement for Hardigg IM2450 Brand Name or Equal.
