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Contract Opportunity

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; 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 single firm fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contract. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-02. This requirement is 100% small business set aside and utilizes the North American Industry Classification System Code (NAICS) 334413, Semiconductor and Related Device Manufacturing, with a size standard of 1,250 employees. This procurement is being conducted in accordance with regulation at FAR 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures.

Please see attached Description of Requirement (DOR).

Instructions to Offerors

(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 Angela.M.Stokes@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 03 April 2024, not later than 3:00 PM CST and must be submitted via email to: Allison.B.Hudson@usace.army.mil and Angela.M.Stokes@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 W912HZ24Q8690;

1. 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;

1. Unit pricing and extended pricing for each item: Firm, fixed price for one unit shall be provided. Unit pricing for out years OR a unit price with an escalation rate shall also be provided to establish binding rates.

1. 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.

The IDIQ does not obligate any funds. The government shall be obligated only to the extend of authorized purchases actually made via a properly executed delivery order. There shall be guaranteed minimum of $10,000.00. Actual purchases will be made via properly executed delivery orders. These orders will be initiated at the time the supplies are needed by an authorized representative of the Contracting Officer.

(f) Offers shall be made in accordance with the Description of Requirements (DOR) 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 Angela.M.Stokes@usace.army.mil. Offerors shall submit questions no later than 5:00PM CST, 28 March 2024 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 Products and Commercial Services:

(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, price and other factors considered. The following factors shall be used to evaluate offers:

1. Lowest Price will be determined by proposed yearly unit prices multiplied by the government’s anticipated yearly quantity purchases. (Chart Below)

Year 1 Year 2 Year 3 Year 4 Year 5 Total

Government Quantity:

Yearly Unit Rate:

(c) 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)

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.

The Government will evaluate the offer for price reasonableness. The Government intends to select one contractor for this acquisition. However, the Government reserves the right not to award a contract at all, depending on the quality of the quotations and prices submitted and the availability of funds.

Rejection of Unreasonable Offers: The Government may reject any quotation that is evaluated to be unreasonable in terms of program commitments, including contract terms and conditions, or unreasonably high or low in cost when compared to Government estimates, such that the quotation is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

FAR 52.233-2 – Service of Protest:

Service of Protest (Sept 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Engineer Research and Development Center (ERDC) Contracting Office

ATTN: Allison Hudson, Contracting Officer

3909 Halls Ferry Road

Vicksburg, MS 39180-6199

(b) The copy of any protest shall be received in the office designated above within oneday of filing a protest with the GAO.

(End of provision)

FAR 52.216-18 Ordering

Ordering (Aug 2020)

(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 Schedule. Such orders may be issued from date of contract award through a period of five years.

(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) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

FAR 52.216-19 Order Limitations

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, 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 a quantity of 4;

(2) Any order for a combination of items in excess of a quantity of 4; or

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (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 3 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.

(End of clause)

FAR 52.216-22 Indefinite Quantity

Indefinite Quantity (Oct 1995)

(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 the last date of the delivery of the final task order issued under this contract.

(End of clause)

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

52.203-3 Gratuities

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

52.204-16

52.204-7 System for Award Management

52.204-13 System for Award Management Maintenance

52.204-18 Commercial and Government Entity Code Maintenance

52.212-1 Instructions to Offers

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

52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008)

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

52.247-34 FOB Destination

52.252-2 Clauses Incorporated by Reference

Additionally, the following clauses/provisions located within FAR 52.212- 5 may apply to this acquisition:

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

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

52.209-7 Information Regarding Responsibility Matters

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

52.219-6 Notice of Total Small Business Set-Aside

52.219-8 Utilization of Small Business Concerns

52.219-28 Post Award Small Business Program Representation

52.219-33 Nonmanufacturer Rule

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

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

52.232-33 Payment by Electronic Funds Transfer – System for Award Management

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

252.204-7002 Payment For Contract Line Or Subline Items Not Separately Priced

252.204-7015 Notice Of Authorized Disclosure Of Information For Litigation Support

252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation

252.204-7018 Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services

252.225-7000 Buy American--Balance of Payments Program Certificate—Basic

252.225-7001 Buy American and Balance of Payments Program—Basic

252.225-7002 Qualifying Country Sources as Subcontractors

252.225-7048 Export-Controlled Items

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region–Representation

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2020-O0015)

252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation. (DEVIATION 2020-O0015)

252.226-7001 Utilization Of Indian Organizations, Indian-Owned Economic Enterprises, And Native Hawaiian Small Business Concerns (Applicable If Expected To Exceed $500,000)

252.227-7015 Technical Data—Commercial Products and Commercial Services

252.227-7037 Validation of Restrictive Markings on Technical Data

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

252.243-7002 Requests For Equitable Adjustment

The full text of these DFARS clauses can be accessed electronically at website:

https://www.acquisition.gov/dfars

Attachments/Links