SP3300-13-Q-0080 is being issued as a combined synopsis/solicitation for a commercial item prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6-Acquisitions of Commercial Items and FAR Part 13-Simplified Acquisition Procedures as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Quotes are being requested.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-66 Effective 01 Apr 2013, Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20130419 effective 19 Apr 2013, and Defense Logistics Acquisition Directive (DLAD) current to Revision 5 and PROCLTR 2013-44. The complete text of any of the clauses and provisions may be accessed in full text at http://farsite.hill.af.mil.

Business size for this acquisition is unrestricted. The Product Service Code (PSC) is 6140 and associated North American Industry Classification System (NAICS) code is 335911.

This is a brand name acquisition for East Penn Manufacturing/Deka-brand batteries for the FKI Maestro material handling system. Only East Penn Manufacturing/Deka-brand batteries will meet the agency's needs.

Brand Name Justification:
DLA Distribution Susquehanna Pennsylvania has a requirement to purchase Deka-brand batteries that are original equipment for the FKI Maestro material handling system.

DLA Distribution Susquehanna Pennsylvania must use Deka-brand batteries because it is the only product on the market that is designed for Intelligrated Systems, LLC which owns FKI. Intelligrated states that East Penn Manufacturing/Deka is the only battery manufacturer with the drawings to make these batteries. No other brand will meet this requirement, due to form, fit, and function, based on past user experience.

An acquisition that uses a brand name description or other purchase description to specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited.

As a result of the above, and in accordance with FAR 13.106-1(b) the Contracting Officer has determined that it is in the Government's best interest to conduct this acquisition by limiting sources based on the use of a brand name specification.

The requirement consists of the following:

Item 0001- 12 EACH-Battery, Standard Flooded, 36 volt, 152 amp, RIGHT, FKI Maestro P/N 18-P38-09, NSN 614000L100080. FOB DESTINATION to DLA Distribution Susquehanna, New Cumberland, PA 17070.

Item 0002- 12 EACH-Battery, Standard Flooded, 36 volt, 152 amp, LEFT, FKI Maestro P/N 18-P38-09, NSN 614000L100079. FOB DESTINATION to DLA Distribution Susquehanna, New Cumberland, PA 17070.

Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449.

Invoicing and Payment for supplies under any subsequent order resulting from this solicitation shall be done using Wide Area Workflow.

The following FAR, DFARS, and DLAD clauses and provisions apply to this acquisition. The full text version of these clauses and provisions may be viewed at http://farsite.hill.af.mil/.

FAR 52.211-9 Desired and Required Time of Delivery.

(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE - All items within 30 days after date of contract.

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows:

REQUIRED DELIVERY SCHEDULE - All items within 45 days after date of contract.

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE - All items within _____ days after date of contract.

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date; the offer will be considered nonresponsive and rejected.
(End of Clause)

FAR 52.212-1 Instructions to Offerors-Commercial Items. Addenda to 52.212-1; the following paragraphs are hereby deleted from this provision: (d) products samples, (e) multiple offers, and (h) multiple awards.

FAR 52.212-4 Contract Terms and Conditions-Commercial Items. Addenda to FAR 52.212-4; the following clauses apply: FAR 52.247-34 FOB Destination.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes of Executive Orders-Commercial Items (in paragraph (b)) the following clauses apply:

FAR 52.204-10 Reporting Executive compensation and First-Tier Subcontract Awards

FAR 52.219-28 Post Award Small Business Set-Aside

FAR 52.222-3 Convict Labor

FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies

FAR 52.222-21 Prohibition of Segregated Facilities

FAR 52.222-26 Equal Opportunity

FAR 52.222-36 Affirmative Action for Workers with Disabilities

FAR 52.223-18 Contractor Policy to Ban Text Messaging while Driving

FAR 52.225-13 Restrictions on Certain Foreign Purchases

FAR 52.215-5. Facsimile Proposals

FAR 52.216-1 Type of Contract. The Government contemplates award of one firm-fixed price contract for all items.

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights

DFARS 252.204-7003 Control of Government Personnel Work Product

DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. The following additional clauses/provisions apply:

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

DFARS 252.225-7036 Buy American Act - Free Trade Agreement - Balance of Payments Program ALT I

DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).

DFARS 252.247-7023 Transportation of Supplies by Sea

DFARS 252.232-7010 Levies on Contract Payments

DLAD 52.211-9033 Packaging and Marking Requirements

DLAD 52.233-9000 AGENCY PROTESTS. Companies protesting this procurement may file a protest 1) with the contracting officer, 2) with the Government Accountability Office, or 3) pursuant to Executive Order No. 12979, with the Agency for a decision by the Activity's Chief of the Contracting Office. Protests filed with the agency should clearly state that they are an "Agency Level Protest under Executive Order No. 12979." (Note: DLA procedures for Agency Level Protests filed under Executive Order No. 12979 allow for a higher level decision on the initial protest than would occur with a protest to the contracting officer; this process is not an appellate review of a contracting officer's decision on a protest previously filed with the contracting officer). Absent a clear indication of the intent to file an agency level protest, protests will be presumed to be protests to the contracting officer.
(End of Provision)

DLAD 52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (ADR).

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233-1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and with legal counsel (see DLA Directive 5145.1). Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.
(End of Provision)

DLAD 52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007)

(a) This clause only applies when wood packaging material (WPM) will be used to make shipments under this contract and/or when WPM is being acquired under this contract.

(b) Definition. Wood packaging material (WPM) means wood pallets, skids, load boards, pallet collars, wooden boxes, reels, dunnage, crates, frame and cleats. The definition excludes materials that have undergone a manufacturing process, such as corrugated fiberboard, plywood, particleboard, veneer, and oriented strand board (OSD).

(c) All wood packaging material (WPM) used to make shipments under Department of Defense (DOD) contracts and/or acquired by DOD must meet requirements of international standards for phytosanitary measures (ISPM) 15, "Guidelines for Regulating Wood Packaging Materials in International Trade." DOD shipments inside and outside of the United States must meet ISPM 15 whenever WPM is used to ship DOD cargo.

(1) All WPM shall comply with the official quality control program for heat treatment (HT) or kiln dried heat treatment (KD HT) in accordance with American Lumber Standard Committee, Incorporated (ALSC) wood packaging material program and WPM enforcement regulations (see http://www.alsc.org/).

(2) All WPM shall include certification/quality markings in accordance with the ALSC standard. Markings shall be placed in an unobstructed area that will be readily visible to inspectors. Pallet markings shall be applied to the stringer or block on diagonally opposite sides of the pallet and be contrasting and clearly visible. All containers shall be marked on a side other than the top or bottom, contrasting and clearly visible. All dunnage used in configuring and/or securing the load shall also comply with ISPM 15 and be marked with an ALSC approved dunnage stamp.

(d) Failure to comply with the requirements of this restriction may result in refusal, destruction, or treatment of materials at the point of entry. The Agency reserves the right to recoup from the Contractor any remediation costs incurred by the Government."

(End of Clause)

OFFER SUBMISSION INSTRUCTIONS. Submission of a quote that does not contain all items requested below may result in elimination from consideration for award. Quotations may be submitted in contractor format and shall include:

(1)Company name, address, telephone number, e-mail address, and FAX number.
(2)Solicitation number.
(3)Unit Price and Total Price for all CLINs.
(4)Proposed shipping time.
(5)Self-certification that the offeror is an authorized East Penn Manufacturing/Deka-brand battery reseller or distributor.
(6)Contractor DUNS Number and Commercial and Government Entity (CAGE) Code.
(7)Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation).

Contractors are required to include a copy of the FAR provision 52.212-3 - Offeror Representations and Certifications-Commercial Items and DFAR 252.212-7000 - Offeror Representation and Certification-Commercial Items with its proposal or may indicate completion of the representations and certifications on the internet at The System for Award Management (SAM), www.sam.gov. Failure to include the certifications along with the quote or to complete the certifications on the internet may result in elimination from consideration for award.

FAR 13-106-2 Evaluation of Quotations or Offers. The Government intends to evaluate quotes in response to this solicitation and will award one firm-fixed price contract for all items. Award will be made to the lowest priced offer providing the brand name product required.

NOTE: To receive an award resulting from this solicitation, offerors MUST be registered in the System for Award Management (SAM) database IAW FAR 52.212-1(k) and DFARS 204.1104. The System for Award Management (SAM) replaces CCR. Registration may be done on line at www.acquisition.gov or www.sam.gov.

All questions and inquiries should be addressed via email to [email protected].

Pricing and representations/certifications are required by 3:00 PM EST on June 7, 2013 to be considered for award. This information should be emailed to [email protected] or faxed to (717) 770-5689, attention Vance Rosebush.