SOLICITATION NOTICE
R -- Revenue Requirement (Utilities), Naval Facilities Engineering Command
- Notice Date
- 11/25/2009
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 541211
— Offices of Certified Public Accountants
- Contracting Office
- N62470 NAVFAC ATLANTIC Code AQ 6506 Hampton Blvd, Building A Norfolk, VA
- ZIP Code
- 00000
- Solicitation Number
- N6247010Q5004
- Response Due
- 12/15/2009
- Archive Date
- 1/15/2010
- Point of Contact
- Linda Stein 757-322-4489 Rochelle Lee(757) 322-4182
- Small Business Set-Aside
- Total Small Business
- Description
- This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with FAR Subpart 12.6, using Simplified Acquisition Procedures under the test program for commercial items found at FAR 13.5, 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. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS and NECO (http://www.neco.navy.mil). The solicitation number is N62470-10-Q-5004 and is being issued as an RFQ. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2005-37 and DFARS Change Notice 20091019. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: www.acqnet.gov/far and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html. The NAICS code is 541211 and the Small Business Size Standard is $8.5 million in average annual receipts. The proposed contract is 100% set aside for small business concerns. This solicitation will result in an Indefinite Delivery/Indefinite Quantity (ID/IQ), Labor- Hour type contract, with work ordered by the issuance of delivery orders. The term of the contract will be one (1) year, with four (4) one-year option periods. Naval Facilities Engineering Command (NAVFAC) Atlantic requests responses from qualified sources capable of providing professional services pertaining to Revenue Requirements in support of the Utilities Rates and Studies Office in accordance with the Performance Work Statement (Attachment 0002). The resulting purchase order will be an ID/IQ Labor-Hour type contract, with work ordered by the issuance of delivery orders. The term of the contract will be one (1) base year with four (4) one-year option periods. It is understood and agreed that the number of hours shown in Attachment 0001are estimates only and shall not limit the use of hours in any task under this contract. Accordingly, in the performance of this contract, the contractor shall be allowed to adjust the quantity of labor hours provided for within the tasks specified, provided, that in so performing the contractor shall not in any event exceed the ceiling price of the contract, including modifications thereof. Variation between the labor line item, materials and other direct costs line item, and travel line items is prohibited.**Note: Variations to the quantity of labor hours provided for within the tasks specified in task orders issued under the resultant contract shall not be permitted unless authorized by the Contracting Officer.Material and Other Direct Costs (ODCs) - Material includes the Government estimate of miscellaneous material and equipment costs incidental to the task CLINs in Attachment A. G & A, overhead, profit and other handling fees are not allowed on ODCs, Travel and Per Diem. The following FAR provisions and clauses are applicable to this procurement: 52.212-1, Instructions to Offerors-Commercial Items;52.212-3, Alt I, Offeror Representations and Certifications-Commercial Items;52.217-5, Evaluation of Options 52.212-4 Alt I, Contract Terms and Conditions-Commercial Items;52.212-5, Contract Terms and Condition Required to Implement Statutes or Executive Orders- Commercial Items including:(1) 52.203-6, Alt I, Restrictions on Subcontractor Sales to the Government,8(i) 52.219-6, Notice of Total Small Business Set-Aside(10) 52.219-8, Utilization of Small Business Concerns(12) 52.219-14, Limitations on Subcontracting (18) 52.219-28, Post Award Small Business Program Rerepresentation(19) 52.222-3, Convict Labor(21) 52.222-21, Prohibition of Segregated Facilities(22) 52.222-26, Equal Opportunity (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans(24)52.222-36, Affirmative Action for Workers with Disabilities(25)52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans(26)52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees(39)52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration52.216-18, 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 Schedule. Such orders may be issued from 05 January 2010 through 04 January 2015. (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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause)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 $1,000.00, 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 $65,000.00; (2) Any order for a combination of items in excess of $75,000.00; or (3) A series of orders from the same ordering office within one day 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 two 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)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 one day of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 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 five year. (End of clause) The following Defense FAR Supplement (DFARS) provisions and clauses apply to this solicitation and are incorporated by reference:252.204-7004, Alt A CCR Alternate A252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country252.209-7004, Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country. 252.212-7000, Offeror Representations and Certifications-Commercial Items252.212-7001, Contract Terms and Conditions Required Implementing Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items Including:52.203-3, Gratuities,252.203-7000, Requirements Relating to Compensation of Former DoD Officials252.232-7003, Electronic Submission of Payment Requests and Receiving Reports252.243-7002, Requests for Equitable Adjustment252.232-7010, Levies on Contract Payments The following NAVFAC Acquisition Supplement (NFAS) clause applies to this solicitation and is incorporated by reference: 5252.212-9300, Commercial Warranty Contractors are advised that performance under the purchase order resulting from this solicitation will be evaluated using the respective contractor performance evaluation report entry system located on the website www.cpars.navy.mil. Prior to the commencement of work, the successful contractor will be required to provide the Government with the name, phone number, and e-mail address of the "Contractor's Representative" that will be responsible for the receipt and review of the draft performance evaluations prepared by the Government. ADDENDA: (1) The following information concerning prospective contractor responsibility is incorporated: In accordance with Federal Acquisition Regulation (FAR) Part 9.1, the Contracting Officer shall award contracts only to responsible contractors. No purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility. To be determined responsible, a prospective contractor must have adequate financial resources to perform the contract, or the ability to obtain them. The contracting officer shall require acceptable evidence of the prospective contractor's current sound financial status, as well as the ability to obtain required resources if the need arises. In regard to resources, the contractor must be prepared to present acceptable evidence of subcontracts, commitments or explicit arrangement that will be in existence at the time of contract award, to rent, purchase, or otherwise acquire the needed facilities, equipment, services, materials, other resources, or personnel. Consideration of a prime contractor's compliance with limitations on subcontracting shall be taken into account for the time period covered by the contract base period or quantities, plus option periods or quantities, if such options are considered when evaluating offers for award. Pursuant to FAR 9.104-4, the Contracting Officer reserves the right to request adequate evidence of responsibility on the part of any prospective subcontractor(s). In the absence of information clearly indicating that the prospective contractor is responsible, the contracting officer shall make a determination of non-responsibility. As a minimum requirement, all contractors are requested to submit, as part of the original proposal, the following: (1) Company's Financial Statement which includes Balance Sheet and Income Statement; and (2) Point of Contact from their Bank or any financial institution with which they transact business The Contracting officer reserves the right to request additional information if needed. INSTRUCTIONS FOR SUBMITTAL OF QUOTES-COMMERCIAL ITEMS Interested contractors may submit the quotation to the Navy in any of the following ways: (a)by e-mail to linda.stein@navy.mil or(b)by mail or commercial courier (i.e. FEDEX or UPS) to the following address:Commander Naval Facilities Engineering Command AtlanticAttention: Linda Stein, Code ACQ36506 Hampton BoulevardNorfolk, VA 23508 Quotes must be submitted by 2:00 p.m. EST, 15 December 2009. The quotation shall consist of three parts: (1) a written technical submission, (2) price, and (3) past performance information. PART I. Written Technical Submission: Each contractor shall provide one (1) original and three (3) copies in hard copy or an electronic version of the following: A written narrative demonstrating the capability of the company and/or its subcontractors to meet or exceed the minimum requirements listed in the scope of work. The written technical submission is limited to a total of twenty-five pages (including corporate experience and technical approach), excluding the resumes for the Expert Witness, single-sided, twelve (12) pitch, one inch borders on all sides. a. Factor 1: Corporate Experience: This quote shall fully describe how the contractor intends to meet the requirements of the solicitation. It shall fully describe the technical approach, and the personnel requirements for the work expected to be performed under the Statement of Work.i. Witness Testimony Experience: For each proposed witness, provide a separate list that identifies all utility rate cases in which the proposed personnel presented testimony AND was cross-examined before utility regulatory commissions during the time period from 1 January 2004 through 1 January 2009. The list shall identify the regulatory agency, the case number, and a brief synopsis of the positions taken on main issues of the case, as documented in the testimony. The Government reserves the right to request copies of any referenced testimony, which must be provided within 48 hours of the government's request, or as otherwise mutually agreed upon. In the event any testimony is unavailable, it should be so noted with a brief explanation for its non-availability. PAGE LIMITATION FOR THIS ITEM: (10) PAGES, ONE-SIDED ii. State Utility Commission Experience: For each proposed witness, provide a separate list that identifies all utility rate cases in which the proposed personnel presented testimony AND was cross-examined before utility regulatory commissions during the period 1 January 2004 through 1 January 2009. Collective cases of a firm are NOT an acceptable substitute. The list shall be completed for each individual witness separately. The list shall be in chronological order and show the names of the utility, the regulatory agency, the docket number, the date (month & year) of actual presentation on the witness stand, the part on behalf of whom the testimony was presented, and the main issue(s) covered in the testimony. For each proposed witness, the contractor shall submit one copy of the testimony and exhibits of the LAST electric rate case in which a decision was rendered as well as a complete copy of the order of the cognizant regulatory body. Testimony presented on behalf of any Federal agency shall not be submitted. PAGE LIMITATION OF (10) ONE-SIDED PAGES APPLIES TO PROPOSED WITNESSES & LIST OF UTILITY RATE CASES. IT IS UNDERSTOOD THAT PAGE LIMITATIONS CANNOT BE SET UP FRONT ON THE REMAINING DOCUMENTATION; HOWEVER, CONTRACTORS ARE ASKED TO SUBMIT THIS DOCUMENTATION IN AS CONDENSED A FASHION AS PRACTICABLE. b. Factor 2: Professional and Educational Qualifications: The professional and educational requirements listed here shall be submitted separately for each individual being proposed as a witness. The data shall show the name, title, the degree earned, the discipline and major area of concentration, the years the degrees were received, and the awarding insititution. Each individual's work experience during the last 10 years including the name of the employer, the dates (month & year) at which employment began and ended, and a brief description synopsizing the individual's responsibility with that employer. This document shall also include a list which identifies the medium, the dates, and titles of articles or other publications relevant to the subject of public utility regulation authored by the individual. Should the Government elect to review these publications; the contractor shall make copies available within 24 hours of the Government request. The Government reserves the right to verify information provided relative to the qualifications of any proposed witness. PAGE LIMITATION FOR THIS ITEM: (2) ONE-SIDED PAGES PER PROPOSED WITNESS, INCLUDING THE LIST OF ARTICLES/PUBLICATIONS. THERE IS NO LIMIT TO THE NUMBER OF PROPOSED WITNESSES. c. Factor 3: Organizational Capability: The quote shall include a detailed management plan which fully describes how the proposed contract will be managed. Describe management approach for successfully completing a project within (30) days, and compare with projects of similar complexity which have been successfully completed by the contractor. Demonstrate the line of responsibility and communication for accomplishing and reviewing work within the contractor's organization and with any subcontractors. Demonstrate the availability and adequacy of facilities, equipment and personnel resources. Specifically identify all staff, clerical, and/or other technical support including facilities and specialized hardware, software, databases, and software licenses, which will be used in the performance of the tasks. Identify all software to be used, in handling an assigned rate case indicating the specific use of such software and whether it was developed in-house or commercially. Identify all trade/professional publications or other sources of information used in developing cases and indicate whether or not the contractor subscribes to such sources. PAGE LIMIATION FOR THIS ITEM: (15) ONE-SIDED PAGES FOR ENTIRE FACTOR Part II. Price: Contractor shall submit a completed Price Schedule (Attachment 0001), executed Representations and Certifications, and if applicable, executed copies of all Amendments. Price quotes shall be held firm for sixty (60) days after the closing of the combined synopsis/solicitation. Part III. Past Performance Information (PPI) Requirements Past Performance information consisting of contact information of three references of prior work which is of a similar nature and complexity and completed within the past five (5) years. The Contractor shall provide customer name, point of contact, address, verified telephone number and include a brief description of relevant work experience, when supplied to customer and applicable contract number. The Government reserves the right to contact any Government and private source in addition to those included with contractor quotes. If no past performance, the contractor shall so state the absence of relevant past performance. The contractor shall send a performance questionnaire (Attachment 0003) to the selected references. The references shall return the completed questionnaire via e-mail or fax directly to the Government, and shall not be submitted via the contractor or its team members. Completed questionnaires shall be e-mailed to linda.stein@navy.mil or faxed to (757) 322-4166. Completed questionnaires are due by the solicitation due date. EVALUAITON OF QUOTATIONS (a)The Government will award a contract resulting from this combined synopsis/solicitation to the responsible contractor whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following criteria shall be used to evaluate quotes: Technical Approach, Price and Past Performance. (b)A written order in response to the contractor's quotation will be e-mailed or otherwise furnished to the successful contractor. The Contracting Officer may ask the contractor to provide written acceptance of an order. In other circumstances the contractor may indicate acceptance by proceeding with the services ordered. Quotations will be evaluated as follows: Part I-TECHNICAL SUBMITTAL Factor 1: The Government will evaluate corporate experience to rate the contractor's relevant experience in performing testifying of revenue requirement issues for both electric and water utilities pertaining to utility regulatory proceedings and restructuring of the electric industry which are similar in scope, magnitude, and complexity to work in the Performance Work Statement. Factor 2: Professional Experience and Educational Qualifications The Government will evaluate the professional experience and educational qualifications of individual expert witnesses in relation to:(a)Experience pertaining to revenue requirements in the relevant utility industry.(b)Experience presenting testimony in electric and/or water cases.(c)Demonstrated knowledge of state public utility commission regulations and procedures on a national level.(d)Education in relevant engineering disciplines and business administration. Factor 3: Organizational Capability and Personnel Staffing The Government will evaluate the technical submittal to rate the contractor's organizational capability and personnel staffing in regards to the following:(a)Feasibility of the management approach(b)Organizational structure, adequacy and appropriateness of personnel(c)Technology:(i)Adequacy of hardware and software(ii)Adequacy of reference library Note: The Contracting Officer reserves the right to exclude contractors whose technical submittals have been determined to be unacceptable from further evaluation of price and past performance. Part II: PRICE The contractor's proposed price will be evaluated on the basis of price reasonableness in accordance with FAR Subpart 13.106-3. Contractors responding to this solicitation are advised that, prior to award, the government may request contractors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote. Note: In the event a contractor submits a technically acceptable quotation with a non-competitive, high price when compared to the government estimate and/or other technically acceptable quotations, the Government, at its discretion, may not evaluate that contractor's past performance submission and eliminate that contractor's quotation from further evaluation and consideration for award. PART III: PAST PERFORMANCE Past Performance will be evaluated after the Contracting Officer has completed the technical and price evaluation. The Government will determine whether the contractor's past performance submissions are, in order of preference, relevant, somewhat relevant or not-relevant projects, based on three factors: scope, complexity and magnitude. Relevant - the past performance submission meets the criteria of all three factors.Somewhat relevant - the past performance submission meets the criteria of some of the three factors.Not-relevant - the past performance submission fails to meet the criteria of all three factors.For past performance submissions determined to be relevant or somewhat relevant, the Government will make a reasonable effort to collect and evaluate past performance information from the point(s) of contact identified by the contractor on the Performance Risk Assessment Questionnaire or, at the discretion of the contracting officer, other points of contact. The contractor acknowledges that the Government is not responsible if the point of contact provided by the contractor fails to respond to the Government's past performance inquiry. Contractors are also advised that the Government reserves the right to obtain information for use in the evaluation of past performance from any sources including sources outside of the Government, including Performance Assessment Reporting Systems (CPARS). The Government will evaluate the contractor's Past Performance in order to assess performance risk. The assessment of performance risk is not intended to be the product of a mechanical or mathematical analysis of a contractor's performance on a list of contracts, but rather the product of subjective judgment of the government after it considers all available, relevant and recent information. The Past Performance will be evaluated in accordance with FAR 13.106. SELECTION The Government intends to evaluate quotes and award a purchase order using the simplified acquisition procedures of FAR Subpart 13.1. The Government shall select the contractor whose quote is most advantageous to the Government, considering price and other criteria (technical submission and past performance) when compared to other quotations. The Government reserves the right to award to other than the lowest priced contractor. The Government also reserves the right to not award a contract if a contract award is not in the best interest of the Government. Please direct questions to Linda Stein at (757) 322-4489 or linda.stein@navy.mil Contractor(s) must be registered in the Central Contractor Registration (CCR) database to be considered for award. Registration is free and can be completed on-line at http://www.ccr.gov/. (End of Combined Synopsis/Solicitation)
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