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AMENDMENT 1: THE DELIVERY TIME HAS CHANGED FROM 5 BUSINESS DAYS TO 15 BUSINESS DAYS

AMENDMENT 2: ECONOMIC PRICE ADJUSTMENT CLAUSE ADDED

This is a combined synopsis/solicitation for commercial products or 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 HQC00422Q0027 is issued as a request for quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2022-08 dated 9/23/2022.

The North American Industry Classification (NAICS) code is 325611 with a small business size standard of 1,000 employees.

Description of Supplies/Services: This requirement is for Cleaning and Custodial Supplies to be delivered to the Kaneohe Bay Commissary located in Hawaii. See attached spread sheet for the description of required products. The period of performance for this requirement is anticipated to be December 1, 2022 to November 30, 2023. The contractor will be required to deliver to the Kaneohe Bay Commissary store in Hawaii and accept payment by a Government Purchase Card (GPC). There is no commitment by the Government to issue an award or to be responsible for any monies expended by industry responses to this RFQ. The Kaneohe Bay Commissary will be ordering on a monthly basis and require product delivery within 15 business days.

Offer is due by November 18, 2022, 4:00 PM EST. All questions/inquiries must be submitted to the contract specialist and contracting officer via electronic mail (e-mail) not later than 3:00 PM EST on November 16, 2022. Inquiries submitted via telephone calls will be re-directed to an e-mail submission. Submit offers or any questions to the attention of Robert French and copy to Houston Baker via email to: Robert.French@deca.mil and Houston.Baker@deca.mil, respectively.

Note: The Request for Quote will be submitted as a separate document.

Period of Performance:

Base Year: December 1, 2022 – November 30, 2023

The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and a statement regarding any addenda to the provision.

In accordance with FAR provision 52.212-1, the Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. Offerors are encouraged to submit pricing for any items they are able to supply (some or all).

The provision at 52.212-2, Evaluation-Commercial Products and Commercial Services, applies to this acquisition. The following factors shall be used to evaluate offers:

(i) Technical capability

(ii) Price

(iii) Past performance

Technical and past performance, when combined, are equally important to price.

Offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its offer.

The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition and a statement regarding any addenda to the clause.

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Deviation 2018-O0021), applies to this acquisition and a statement regarding which, if any, of the additional FAR clauses cited in the clause are applicable to the acquisition.

Additional Provisions, Contract Requirements, and Terms and Conditions

CLAUSES INCORPORATED BY REFERENCE

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JUN 2020)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2021)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)

52.222-3 CONVICT LABOR (JUN 2003)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)

52.222-26 EQUAL OPPORTUNITY (SEP 2016)

52.222-50 COMBATING TRAFFICKING IN PERSONS (DEC 2021)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.232-36 PAYMENT BY THIRD PARTY (MAY 2014)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2021)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.242-13 BANKRUPTCY JUL 1995

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016)

252.213-7000 NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST PERFORMANCE INFORMATION RETRIEVAL SYSTEM – STATISTICAL REPORTING IN PAST PERFORMANCE EVALUATIONS (JUN 2015)

252.216-7009 ALLOWABILITY OF LEGAL COSTS INCURRED IN CONNECTION WITH A WHISTLEBLOWER PROCEEDING (SEP 2013)

252.223-7008 PROHIBITION OF HEXAVALANT CHROMIUM (JUN 2013)

252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2021)

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 Addendum

ADDENDUM TO FAR 52.212-4

CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS

1. CHANGES: [(Reference Paragraph (c)]

1. 
   
   
   
   1. Unilateral Modifications
   
   
   
   

The Government may issue unilateral written administrative modifications that do not affect the substantive rights of the parties. Examples of administrative modifications are corrections in the payment office address, changes to the accounting and appropriation data, or addition of funds.

1. 
   
   
   
   1. Bilateral Modifications
   
   
   
   

Items may be added to or deleted from this contract at the option of the Government. Any replacement or additional items must be added to this contract prior to any service being performed on it. Addition and/or deletions of items will be accomplished by bilateral modification. Services performed outside the dates or scope of this contract will not be reimbursed by the Government.

1. 
   
   
   
   1. Availability: All operating supplies, as described in solicitation shall be available for order at any time throughout the period of this contract. A 100% fill rate is expected for every order. The Government may require that items within the general scope of the contract be added as long as those items are commercially available on the open market. A fair and reasonableness determination shall be made by the Contracting Officer for all pricing changes due to specification changes or item additions. In order to make that determination, the Contracting Officer may require additional information from the contractor regarding item and delivery cost as well as any other information deemed necessary.
   
   
   
   

1. 
   
   
   
   1. Payment. (Add the following text) Authorized ordering officers are defined as DeCA employees that are Government-Wide Purchase Card (GPC) holders located at the Kaneohe Bay Commissary or DeCA Headquarters.
   
   
   
   

If, at any time during the performance of this contract, the company name changes or assets involving this service are sold to another company, the contract administration office must be notified prior to change of name or closing of sale to ensure actions required by the Federal Acquisition Regulation Part 42.12 are completed. Failure to notify this office in advance of the change may result in delay of payment.

1. ELECTRONIC DOCUMENT ACCESS (EDA):

This award document and any subsequent modifications will be posted to the Department of Defense Electronic Document Access (EDA) system. Contractors must obtain copies of all contract documents through the WAWF website at https://piee.eb.mil:// under the EDA tab.

Offeror shall include a completed copy of the provision at 52.204-17, Ownership or Control of Offeror (AUG 2020), with its offer.

Offeror shall include a completed copy of the provision at 52.204-20, Predecessor of Offeror (AUG 2020), with its offer.

Offeror shall include a completed copy of the provision at 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021), with its offer.

Offeror shall include a completed copy of the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation (OCT 2020), with its offer.

Offeror shall include a completed copy of the provision at 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016), with its offer.

52.216-2 ECONOMIC PRICE ADJUSTMENT – STANDARD SUPPLIES (NOV 2021)

(a) The Contractor warrants that the unit price stated in the Schedule for _________ [offeror insert Schedule line item number] is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term "established price" means a price that-

(1) Is an established catalog or market price for a commercial product sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective-

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

52.216-18 ORDERING (AUG 2020)

• December 1, 2022 through November 30, 2023

52.216-19 ORDERING LIMITATIONS (OCT 1995)

• $50.00


• $10,000.00


• $20,000.00


• 20


• 5 (five)

52.216-22 INDEFINITE QUANTITY

• November 30, 2023

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

• 15 days

52.219-18 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (SEP 2021)

Offeror shall include a completed copy of the clause at 52.219-18, after contract award.

52.251-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

• https://www.acquistion.gov/

52.252-2 Clauses Incorporated by Reference (FEB 1998)

• https://www.acquistion.gov/

52.252-5 Authorized Deviations in Provisions (NOV 2020)

• Defense Federal Acquisition Regulation (48 CFR Chapter 2)

52.252-6 Authorized Deviations in Clauses (NOV 2020)

• Defense Federal Acquisition Regulation (48 CFR Chapter 2)

Attachment:

Supply Products Kaneohe Bay Custodial Supplies 10-4-22 Final

Attachments/Links