Added: Sep 18, 2017 4:10 pm
? FAR 52.232-18 Availability of Funds (Apr 1984) - Funds are not presently available for this contract. The Government's 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.
1) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR), subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; this is a request for quotation and a written solicitation will not be issued.
2) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95 and Defense Change Notice 20161222.
3) The standard industrial classification code is S205, NAICS is 812332, Industrial Launderers. The Small Business Size Standard for this NAICS code is $38.5M. This acquisition will be set-aside for Small Business concerns.
4) Description: Launder Red Rags/Towels in accordance with (IAW) Attachment I, Performance Work Statement (PWS).
5) Pricing must be completed utilizing Attachment II, Price List and submitted by 25 September 2017, 10:00 A.M. CST. Pricing must be electronically submitted via email to the following points of contact. Failure to send quotes to both POCs may result in being eliminated from award. All questions must be submitted by 22 September 2017, 10:00 A.M. CST.
6) Performance/Delivery is listed in Attachment I, PWS. POC's will be provided at time of award.
Period of Performance: 1 October 2017 - 30 September 2019
7) Primary: SrA Courtney Brown - email@example.com
Alternate: SrA Ryan Nichols - firstname.lastname@example.org
8) For further inquiries, please email the Point of Contacts listed above or the Contracting Officer, TSgt Ginnafer Burnett at email@example.com.
The following Clauses and provisions applies to this acquisition
FAR 52-212-1 Instructions to Offerors - Commercial Items
FAR 52.212-2 Evaluation - Commercial Items:
This provision is incorporated by reference, and paragraph (a) is modified to read as follows:
(a) This is a competitive best value acquisition in which 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, considering price. The Government intends to make award to the offeror with the best value to the Government. The following listed are evaluation factors that shall be used in the evaluation process:
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished
to the successful offeror, 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)
The following FAR clauses and provisions are applicable to this acquisition:
FAR 52.204-7 System for Awards Management
FAR 52.204-13 Systems for Award Management Maintenance
FAR 52.204-16 Commercial and Government Entity Code Reporting
FAR 52.204-17 Ownership or Control of Offeror
FAR 52.204-18 Commercial and Government Entity Code Maintenance
FAR 52.204-20 Predecessor of Offeror
FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law
FAR 52.212-3 Offeror Representations and Certifications - Commercial Items
FAR 52.212-4 Contract Terms and Conditions - Commercial Items
FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items.
The following FAR clauses in paragraph (b) of FAR 52.212-5 are applicable
FAR 52.219-6 Notice of Total Small Business Set-aside
FAR 52.219-28 Post Award Small Business Program Representation
FAR 52.222-3 Convict Labor
FAR 52.222-21 Prohibition of Segregated Facilities
FAR 52.222-26 Equal Opportunity
FAR 52.222-50 Combating Trafficking in Persons
FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving
FAR 52.222-41 Service Contract Labor Standards
FAR 52.222-42 Statement of Equivalent Rates for Federal Hires
FAR 52.222-55 Minimum Wages Under Executive Order 13658
FAR 52.223-2 Affirmative Procurement of Bio-based Products Under Service And Construction Contracts
FAR 52.223-3 Hazardous Material Identification and Material Safety Data
FAR 52.225-13 Restrictions on Certain Foreign Purchases
FAR 52.232-33 Payment by Electronic Funds Transfer
FAR 52.252-1 Solicitation Provisions Incorporated by Reference
FAR 52.252-2 Clauses Incorporated by Reference
FAR 52.216-19 Order Limitations
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than tiny_mce_marker.01, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a single item in excess of 5,000.00;
(2) Any order for a combination of items in excess of $5000.00; or
(3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
FAR 52.216-22 Indefinite Quantity
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 September 2019..
FAR 52.217-8 Option to Extend Services
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days.
52.217-9 Option to Extend the Term of the Contract
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years, 6 months.
(End of clause)
The following DFARS clauses and provisions cited are applicable to this solicitation
DFARS 252.203-7000 Requirements Relating to Compensation of Former DOD Officials
DFARS 252.203-7002 Requirement to inform Employees of Whistleblower Rights
DFARS 252.203-7005 Representation Relating to Compensation of Former DOD Officials
DFARS 252.204-7003 Control of Government Work Product
DFARS 252.204-7004 Alt A System for Award Management
DFARS 252.204-7011 Alternative Line Item Structure
DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
DFARS 252.204-7015 Disclosure of information to litigation Support Contractors
DFARS 252.216-7006 Ordering:
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from 1 October 2017 through 30 September 2019.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c)(1) If issued electronically, the order is considered "issued" when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered "issued" when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
DFARS 252.232-7003 Electronic Submission of Payments
DFARS 252.232-7006 Wide Area Workflow Payment Instructions
DFARS 252.232-7010 Levies on Contract Payments
DFARS 252.243-7001 Pricing of Contract Modifications
DFARS 252.232-7007 Limitation of Government's Obligation
(a) Contract line item(s) TBD are incrementally funded. For this/these item(s), the sum of $TBD of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract $TBD
DFARS 252.237-7014 Loss or Damage (Count-of-Articles)
(a) The count-of-articles will be-
(1) The count of the Contracting Officer; or
(2) The count agreed upon as a result of a joint count by the Contractor and the Contracting Officer at the time of delivery to the Contractor.
(b) The Contractor shall-
(1) Be liable for return of the number and kind of articles furnished for service under this contract; and
(2) Shall indemnify the Government for any loss or damage to such articles.
(c) The Contractor shall pay to the Government the value of any lost or damaged property using Federal supply schedule price lists. If the property is not on these price lists, the Contracting Officer shall determine a fair and reasonable price.
(d) The Contracting Officer will allow credit for any depreciation in the value of the property at the time of loss or damage. The Contracting Officer and the Contractor shall mutually determine the amount of the allowable credit.
(e) Failure to agree upon the value of the property or on the amount of credit due will be treated as a dispute under the Disputes clause of this contract.
(f) In case of damage to any property that the Contracting Officer and the Contractor agree can be satisfactorily repaired, the Contractor may repair the property at its expense in a manner satisfactory to the Contracting Officer, rather than make payment under paragraph (c) of this clause.
DFARS 252.237-7015 Loss or Damage (Weight of Articles)
(a) The Contractor shall-
(1) Be liable for return of the articles furnished for service under this contract; and
(2) Indemnify the Government for any articles delivered to the Contractor for servicing under this contract that are lost or damaged, and in the opinion of the Contracting Officer, cannot be repaired satisfactorily.
(b) The Contractor shall pay to the Government $14.00 per pound for lost or damaged articles. The Contractor shall pay the Government only for losses which exceed the maximum weight loss in paragraph (e) of this clause.
(c) Failure to agree on the amount of credit due will be treated as a dispute under the Disputes clause of this contract.
(d) In the case of damage to any articles that the Contracting Officer and the Contractor agree can be satisfactorily repaired, the Contractor shall repair the articles at its expense in a manner satisfactory to the Contracting Officer.
(e) The maximum weight loss allowable in servicing the laundry is 8% percent of the weight recorded on delivery tickets when the laundry is picked up. Any weight loss in excess of this amount shall be subject to the loss provisions of this clause.
The following AFFARS clauses cited are applicable to this solicitation:
AFFARS 5352.201-9101 Ombudsman
AFFARS 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances
AFFARS 5352.223-9001 Health and Safety on Government Installations
AFFARS 5352.242-9000 Contractor access to Air Force Installations