SOLICITATION NOTICE
F -- Implement an invasive, noxious, exotic species control plan at NAS Joint Reserve Base (JRB), New Orleans, LA
- Notice Date
- 6/28/2011
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 115310
— Support Activities for Forestry
- Contracting Office
- N69450 NAVFAC SOUTHEAST, SOUTHEAST BLD 903 Building 903 P. O. Box 30 NAS Jacksonville Jacksonville, FL
- ZIP Code
- 00000
- Solicitation Number
- N6945011Q0059
- Response Due
- 7/28/2011
- Archive Date
- 8/12/2011
- Point of Contact
- Sarah Nickerson 9045426920 Jacquelyn Jackson, 904-542-6914
- E-Mail Address
-
sarah.nickerson@navy.mil
(sarah.nickerson@navy.mil)
- Small Business Set-Aside
- N/A
- Description
- 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; proposals are being requested and a written solicitation will not be issued. This solicitation is 100% small business set-aside. Reference number N69450-11-Q-0059 applies. North American Industry Classification System (NAICS) code 115310 applies and the business size standard is 500 employees. A firm fixed-price contract is contemplated. Parties responding to this solicitation must return all pages of this combined synopsis solicitation with pricing of each item as contained in pricing sheets. Offerors shall be registered in ORCA or include a completed copy of the provision at 52.2 12-3, Offerors Representations and Certifications-Commercial Items with their offer. The Government intends to make a single award. Quotations must be received no later than 1400 EDST on 28 July 2011. Quotations must be in writing (Word document PDF) and must be emailed to the following: sarah.nickerson@navy.mil. This procurement is being processed under FAR Part 12, Acquisition of Commercial Items. Requirement: See attached SOW (Statement of Work) Clauses and Provisions Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-51 effective 1 April 2011. This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. The full text of the regulations can be accessed on the internet at http://www.acqnet.gov/far/. The following provisions and clauses apply to this solicitation and are incorporated by REFERENCE: 52.204-7 Central Contractor Registration 52.212-1 Instructions to Offerors Commercial Items 52.212-3 Offeror Representations and Certifications -- Commercial Items (Provide a copy with quote or complete ORCA (see section (1) of clause) 52.212-4 Contract Terms and Conditions Commercial Items 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country 252.211-7003 Item Identification and Valuation 252.232-7010 Levies on Contract Payments 52.233-2Service of Protest The following provisions and clauses are incorporated by FULL TEXT: 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (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: Lowest price, technically acceptable source selection process is appropriate for this award as the best value. a) TECHNICAL CAPABILITY Technical capability will be determined solely by submission of a quote. By submission of a quote the offeror certifies compliance with all specifications. b) PAST PERFORMANCE An offeror s past performance information will be used to make a determination of whether the offeror has a satisfactory record of past performance. Provide performance history and reference for three (3) prior, similar contracts performed within the past three years. Past performance information should be provided on the attached Contractor Performance Evaluation Survey. A copy should be sent to your customers meeting the criteria stated above. Please ask them to submit a completed copy directly to Sarah Nickerson at sarah.nickerson@navy.mil. In the event of non-Federal Government contracts then state, local, or commercial contracts should be evaluated in that order. Offerors shall ensure the past performance information requested is submitted in the required timeframe or shall affirmatively state that it does not possess relevant past performance information. In such cases, the offeror s quote will be eliminated from the competition. The Government reserves the right to contact previous customers and to obtain additional past performance information as necessary to evaluate offeror s past performance. The assessment of the Offeror s past performance will be used as a measure of performance risk for this contract award. The assessment of the offer s past performance will be used as a means of evaluating the relative capability of the responder and other competitors to successfully meet the requirements of this RFQ. The Government will give greater consideration to the contracts that the Government feels are most relevant to the RFQ. (c) PRICE - The contract resulting from this RFQ will be awarded to the responsible offeror submitting a technically acceptable offer, having acceptable past performance, and the lowest evaluated price. (d) 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 clause) 52.2 12-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (APR 2011) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1)52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). (2)52.223-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.203-6,Restrictions on Subcontractor Sales to the Government (JUL 1995), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). 52.204-10, Reporting Executive Comensation and First-Tier Subcontract Awards (JUL 2010) (S1553 of Pub. L. 111-5). 52.219-6,Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644). 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)). 52.219-14, Limitations on Subcontracting (DEC 1996)(15 U.S.C. 637 (a)(14) 52.219-28, Post Award Small Business Program Representation (APR 2009) (15 U.S.C. 632(a)(2)). 52.222-3, Convict Labor (June 2003) (E.O. 11755). 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JUN 2010) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury). 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003) (31 U.S.C. 3332). (c)The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et seq.). 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). (d)Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Tiutle VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1,500,000 for construction of any public facility), the subcontractor must include 52.2 19-8 in lower tier subcontracts that offer subcontracting opportunities. (ii) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). (iii) [Reserved] (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246) (v) 52.222-35, Equal Opportunity for Veterans, (SEP 2010) (38 U.S.C. 4212)Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (NOV 2007) (41 U.S.C. 351, et.seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (NOV 2007) (41 U.S.C. 351 et. seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services Requirements (FEB 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54), Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of fAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2)While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 252.212-7000 Offeror Representations and Certifications--Commercial Items (JUN 2005) (a) Definitions. As used in this clause (1) Foreign person means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415). (2) United States means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. (3) United States person is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it (1)Does not comply with the Secondary Arab Boycott of Israel; and (2)Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking. (c) Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services). (1) The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term supplies is defined in the Transportation of Supplies by Sea clause of this solicitation. (2)Representation. The Offeror represents that it - __Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. __Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation. (3) Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea. (End of provision) 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (JUN 2010) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. X 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181). 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). 252-219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637). 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note). 252.225-7001, Buy American Act and Balance of Payments Program (JUN 2009) (41 U.S.C. l0a-l0d, E.O. 10582). 252.225-7008, Restrictions on Acquisition of Speciality Metals (JUL 2009) (10 U.S.C. 2533b). 252.225-7009, Restrictions on Acquisiiton of Certain Articiles Containing Specialty Metals (JUL 2009) (10 U.S.C. 2533a). 252.225-7012, Preference for Certain Domestic Commodities (JUN 2010) (10 U.S.C. 2533 a). 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 005) (10 U.S.C.533a). 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts). 252.225-7021, Trade Agreements (NOV 2009) (19 U.S.C. 2501-2518 abd 19 U.S.C. 3301 note). Alternate 1 (SEP 2008). 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C 2779). 252.225-7028, Exclusionary Politcieis and Practicies of Foreign Governments (APR 2003) (22 U.S.C. 2755). 252.225-7036, Buy American Act Free Trade Agreements Balance of Payments Program (JUL 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). Alternate I (JUL 2006) of 252.225-7036. 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 25 34(a)(3)). 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts). 252.227-7015, Technical Data Commercial Items (NOV 1995) (10 U.S.C. 2320). 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321). 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). 252-247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (?Section 884 of Public Law 110-417). 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.2 12-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (2)252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JUL 2009) (Section 884 of Public Law 110-417). (3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause) 252.225-7000 Buy American Act--Balance of Payments Program Certificate. (DEC 2009) (a) Definitions. Domestic end product, foreign end product, qualifying country, qualifying country end product, and United States have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation. (b) Evaluation. The Government (1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program. (c)Certifications and identification of country of origin. (1) For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the offeror certifies that (i) Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and (ii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The offeror certifies that the following end products are qualifying country end products: Line Item NumberCountry of Origin (3) The following end products are other foreign end products: Line Item NumberCountry of Origin The following local clauses also apply: NBZ039 WAWF Supply: Invoicing Instructions and Payment for Supplies Invoices for supplies rendered under this task, purchase, or delivery order shall be submitted electronically through Wide Area Work Flow Receipt and Acceptance (WAWF): The vendor shall self-register at the web site: https//wawf.eb.mil. One or more separate invoices will be prepared per task, purchase, or delivery order. Do not combine the payment claims for supplies provided under this contract ordered through multiple task, purchase or delivery orders within one invoice. Select the Create Invoice and Receive Report combo within WAWF as the invoice type (destination/destination). The Invoice and Receiving Report combo prepares the Material Inspection and Receiving Report , DD Form 250, and the invoice at the same time. Back up documentation (such as delivery receipts, etc.) can be included and attached to the invoice in WAWF. Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. The following information regarding CNRSE is provided for completion of the invoice in WAWF: Issuing Office DODAAC: \N69450 Admin Office DODAAC: \ N69450 Acceptor DODAAC: \ REQ LPO DODAAC: \ REQ Pay DODAAC: \ REQ The contractor shall submit invoices for payment per contract terms The Government shall process invoices for payment per contract terms. For more information on Wide Area Workflow, please contact the Wide Area Workflow Implementation Team at (800) 559-9293.; FREEDOM OF INFORMATION ACT (FOIA) UNIT PRICES Contractor unit prices, when incorporated into a Government contract, will be released under the Freedom of Information Act (FOIA) without further notice to the contractor submitter. If the Contractor takes issue with the release, it should submit its proposal data with the appropriate legends and explain in detail why such data cannot be released as a public record under the Freedom of Information Act. WARRANTY The contractor shall extend to the Government the full coverage of any standard commercial warranty normally offered in a similar commercial sale provided such a warranty is available at no additional cost to the Government. Acceptance of the standard commercial warranty does not waive the Government s rights under the Inspection clause nor does it limit the Government s rights with regard to the other terms and conditions of this contract. In the event of a conflict, the terms and conditions of the contract shall take precedence over the standard commercial warranty. The standard commercial warranty period shall begin upon final acceptance of the applicable material and/or services listed in the Schedule. The contract shall provide a copy of its standard commercial warranty (if applicable) with its offer. The warranty in accordance with the SOW covers a period of __ (Offeror is to insert a number).
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