COVID-19 PPE and Medical Supplies
Closes in 73 days
View Changes Combined Synopsis/Solicitation 70FA2020R00000011/Amendment 0005 incorporates the following changes and updates:
Added Attachment H - Amendment 0005 Questions and Answers
Questions will be accepted every day while the solicitation remains open.
Questions will no longer be accepted after 04/03/2020 at 1:00 pm eastern standard time.
COMBINED SYNOPSIS/SOLICITATION below:
FAR 12.603(c)(2) Streamlined solicitation for commercial items.
i. This is a combined synopsis/solicitation for commercial items under FAR part 12 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.
ii. This is a standing solicitation issued under unusual and compelling urgency. The Government contemplates making separate, single awards to multiple vendors for the commercial supplies offered in response to this solicitation. The Government may make awards of IDIQs and/or Direct Contracts (under FAR Part 12), Purchase Orders (under FAR Parts 8 and 13), and Blanket Purchase Agreements under FAR Parts 8 and 13 for the supplies listed in Attachments A through E. This solicitation may be amended to provide additional detailed specifications for each item included on the attachment. All products delivered shall be in accordance with FDA, HHS, CDC regulations and guidelines. Products will be subject to Government testing.
iii. This solicitation will remain in effect unless replaced by an updated solicitation. There is no closing date for receipt of offers; therefore, offers may be submitted for consideration at any time. FEMA has the right to cancel this solicitation at any time and will post an amendment once it decides to close it.
iv. An offer may be rejected if an offeror fails to meet timeframes established by the Contracting Officer either to address deficiencies in the offer or to submit a final proposal revision. A resubmission(s) is permitted; however, it may be rejected immediately if it is still deficient in the area(s) that caused its initial rejection.
v. Individual Awards and Contract Line Item Numbers (CLINs) will stipulate type of supplies, number of supplies, delivery requirements, and timelines.
vi. This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be “ACTIVE” at the time of award.
vii. 70FA2020R00000011 is the solicitation number.
viii. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-04 Dated 1/15/2020 see https://www.acquisition.gov/browse/index/far and https://www.acquisition.gov/hsar for clause language.
ix. This is an unrestricted full and open competition; but small business in encouraged to submit offers.
x. To the maximum extent practicable, at the individual award level, Offerors are to submit offers delivery and acceptance of f.o.b. destination. Pricing shall include delivery at any location within the United States.
xi. If a proposal is under $13 Million, FAR Part 8 and/or 13 procedures will be utilized for purpose of award.
xii. If a proposal is over $13 Million, FAR Part 8 and/or 12 procedures will be utilized for purpose of award.
xiii. If a contractor is a current schedule holder of specific items from Attachments A through E, FAR Part 8 procedures will be utilized for purpose of award. Contractor shall identify their GSA or VA FSS contract number in its offer. Government will verify the validity of the contract number and contractors fraudulently claiming to be a schedule holder, may be subject to suspension or debarment from all federal procurement.
xiv. The Government reserves the right to conduct exchanges with Offerors after receipt of any proposal or quotation.
II. General Clauses
i. 52.252-1 Solicitation Provisions Incorporated by Reference.
ii. The provision at 52.212-1, Instructions to Offerors-Commercial, is incorporated by reference.
iii. The provision at 52.212-2, Evaluation-Commercial Items, is applicable in that the Government will make awards resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government based on price only.
iv. Offerors are to complete the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.
v. The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition and is incorporated by full text. However, separate invoice instructions with payment details will be provided at time of award of an IDIQ. See the attached solicitation
vi. The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition. Specific applicable clauses will be identified with any resultant award.
vii. The Buy American Act (FAR 52.225-1) has been waived for all items included in this solicitation; however, Offerors shall disclose country of origin for reporting purposes. The Trade Agreement Act still applies.
a. The provision at 52.225-6, Trade Agreements Certificate, applies to this acquisition and is incorporated by full text.
b. The clause at 52.225-13, Restrictions on Certain Foreign Purchases, applies to this acquisition and is incorporated by reference.
c. The provision at 52.228-18, Place of Manufacture, applies to this acquisition and is incorporated by full text.
d. The provision, 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification, applies to this acquisition and is incorporated by full text.
e. The provision, 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications, applies to this acquisition and is incorporated by reference.
viii. HSAR clause 3052.209-70 Prohibition on Contracts with Corporate Expatriates applies to this acquisition and is incorporated by full text.
ix. HSAR clause 3052.212-70 Contract Terms & Conditions for DHS Acquisition of Commercial Items applies to this acquisition and is incorporated by full text. May be tailored with any resultant award.
III. Other Terms and Conditions
i. Government reserves the right to incorporate any additional applicable FAR and HSAR clauses to any resultant award.
ii. See the attached solicitation and Attachment A through E for additional contract requirement(s) and terms and conditions.
iii. Government reserves the right to apply priorities and allocations on the individual awards as deemed necessary.
a. The Defense Production Action (DPA) may apply to all items on the supply lists (Attachment A).
IV. Quote Preparation Instructions
This section specifies the format and content the Offerors shall use in response to this solicitation. The intent is not to restrict the Offerors in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes. Offerors shall submit a quote that is legible and comprehensive enough to provide the basis for a sound evaluation by the Government. Information provided shall be precise, factual, and complete. Legibility, clarity, completeness, and responsiveness are of the utmost importance. Quotes shall be in the form prescribed by, and shall contain a response to, each of the areas identified. Any quote that does not provide, as a minimum, that which is required in this solicitation may be determined to be substantially incomplete and not warrant any further consideration. A complete quote shall be submitted by the closing date specified in the solicitation.
The Offeror shall propose a firm fixed unit price quote and number of units on hand for any of the items in Attachments A through E. All proposed items shall be in accordance with FDA, HHS, CDC regulations and guidelines. Offeror shall provide product manufacturer and part number, description, and literature must be included in the proposal for consideration. Products will be subject to Government testing. The contract for any defective items not passing testing will be terminated for cause and forwarded to FEMA’s debarring official. Any other items shall not be acceptable. Offerors may submit price quotes using their own normal commercial quote format as long as the applicable price schedule information is included. Price quotes should also include the offeror’s company name, address, phone number, DUNS or CAGE Code, and reference the RFP number (70FA2020R00000011).
2. Contractor Responsibility - Statement of Contractor Assurance
By submitting this offer, the offeror certifies that, at the time of submission, they have the following:
a. Have adequate financial resources to perform the contract (see FAR 9.104-3(a));
b. they have the capability to comply with the required or proposed delivery or performance schedule (has commitments from their partners and subcontractors to deliver all commodities/services proposed); and otherwise meet or exceed the general standards required by FAR 9.104-1.
c. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See FAR 9.104-3(a));
d. Have a satisfactory performance record (See FAR 9.104-3(b) and Subpart 42.15). A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history, except as provided in FAR 9.104-2;
e. Have a satisfactory record of integrity and business ethics (for example see FAR 42.15);
f. The offeror shall disclose any filings for bankruptcy, fines levied by governmental agencies, or legal proceeding against any participating organization, employees, corporate officer, or entity that might have a material effect on the proposer’s ability to implement the proposed project, as required by FAR 52.212-3(h], Certification Regarding Responsibility Matters.
g. Be otherwise qualified and eligible to receive an award under applicable laws and regulations (e.g., Equal Opportunity, Clean Air and Water, Small Business Subcontracting, etc.).
Contractor Responsibility - Instructions for Submitting Contractor Assurance Information
The offeror shall submit information supporting this certification to the CO at the time proposals are due. This submission will only be reviewed by the CO in making a determination of responsibility. This information will not be reviewed as part of a technical evaluation and will not count against page limits for technical proposals.
At a minimum, offerors shall include:
a) The offeror’s delivery plans, including, but not limited to, any agreements and/or arrangements with suppliers, providing as much detail necessary to explain how the statement of work will be accomplished within this working relationship;
b) A description of the offeror’s ability to adequately meet the financial demands of the requirement, including current relationships with lending and/or financial institutions or equity sources which have demonstrated interest in providing financing for the proposed project; and
c) At the offerors discretion, any additional information the offeror believes supports the above certification and will assist the CO in making the determination of responsibility for the offeror and its subcontractors.
V. Evaluation Factors for Award
i. Quotes/proposals will be evaluated for technical acceptability, acceptable past performance, and price reasonableness. To be eligible for award Offerors must be found to be responsible in accordance with Federal Acquisition Regulation (FAR) 9.101. Only proposals for items requested in the RFP will be considered.
The Government intends to evaluate quotes and award without exchanges with Offerors (except clarifications). Therefore, the offeror’s initial quote should contain the Offeror’s best terms from a cost or price and technical standpoint. The Government reserves the right to conduct exchanges if the Contracting Officer later determines them to be necessary. The Government reserves the right to make no award at all as a result of this solicitation.
ii. The evaluation process will be accomplished as follows:
Each Offeror’s quote shall be evaluated to determine if the proposed items meet the requirements specified in Attachments A through E. All pricing shall be firm fixed unit price.
An evaluation rating of Technically Acceptable/Unacceptable will be assigned upon completion of the technical acceptability evaluation. If an offeror receives a technical rating of “Unacceptable” they will not be considered for award.
The Technical Acceptability factor will be evaluated against the stated criteria and the rating assigned to each individual technical factor using the following descriptive adjectival ratings:
Technical conformance to the requirements of the solicitation. The offeror’s proposed items are FDA, HSS, CDC or other standards approved.
Does not technically conform to the requirements of the solicitation. The offeror’s proposed items are NOT FDA, HHS, CDC, or other standards approved.
Factor 1: Past Performance
The Government will evaluate the merits of the Offeror’s past performance on relevant contracts, projects and endeavors based the feedback provided by project POCs and reports from the PPIRS. For the purpose of this evaluation, “Past Performance” is defined as the Offeror’s performance (how well they performed and the quality of the work) on active (to the extent completed) and completed contracts projects, jobs, and endeavors. Offerors shall present up to three (3) relevant contracts/projects, performed within the past five (5) years, with either the Federal Government, State Government, or commercial clients, as the prime or subcontractor, which demonstrate work similar in size, scope, and complexity to this requirement. The following information shall be provided for each project:
• Offeror/teaming partner/subcontractor name (as applicable)
• Project title and Contract number/Task order number (if applicable).
• Project Role (Prime/Subcontractor).
• Dollar value and type of contract.
• Government Agency/Client.
Period of Performance.
Current status, e.g., completed and/or if in progress, start and estimated completion dates.
• List of at least one current point of contact familiar with performance on each project (include name, telephone number, physical address, and email address).
• A letter of commitment for each proposed teaming partner and/or subcontractor
Consideration will be given to: (1) quality of services provided, (2) Cost control, (3) Schedule/timeliness, (4) Management, and (5) Business relations/Customer Service of the offeror’s past performance. This includes the past performance of the Offeror and any proposed teaming arrangement /subcontractors. Offerors with no past performance will be rated neutral.
Factor 2: Price
The Offeror’s unit and total pricing will be evaluated, for award purposes, to determine fair and reasonable based upon unit price and total proposed amount. Destination shipping and speed of shipping to be determined at award level.
Questions will no longer be accepted after 04/03/2020 at 1:00 pm eastern standard time. Questions should be emailed to FEMA-COVID19-SOLICITATIONS@fema.dhs.gov. Phone calls will not be accepted. Quotations will be accepted every day while the solicitation remains open. Email quotations to FEMA-COVID19-SOLICITATIONS@fema.dhs.gov.