Loren Data's SAM Daily™

FBO DAILY ISSUE OF SEPTEMBER 03, 2011 FBO #3570
SOLICITATION NOTICE

J -- RV Conversion - Attachment 1 - Statement of Work

Notice Date

9/1/2011
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

811121 — Automotive Body, Paint, and Interior Repair and Maintenance
 

Contracting Office

Department of Homeland Security, Federal Emergency Management Agency, Preparedness Branch, Office of Acquisition Management, 16825 South Seton Avenue, Emmitsburg, Maryland, 21727, United States
 

ZIP Code

21727
 

Solicitation Number

HSFEEM-11-Q-0127
 

Archive Date

10/1/2011
 

Point of Contact

James D. Suerdieck, Phone: 301-447-7244, Gary Patrick Topper, Phone: 301-447-7280
 

E-Mail Address

james.suerdieck@dhs.gov, gary.topper@dhs.gov
(james.suerdieck@dhs.gov, gary.topper@dhs.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

ATTACHMENT 1 - STATEMENT OF WORK 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. The solicitation is Request for Quote (RFQ) number HSFEEM-11-Q-0127. Provisions and clauses in effect through Federal Acquisition Circular 05-53 are incorporated. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: http://farsite.hill.af.mil/. The NAICS code is 811121, with a small business size of $7.0 million. This acquisition is 100% set-aside for Small Business Concerns. All qualified Small Business Concern vendors are encouraged to submit a quote. The Federal Emergency Management Agency request quotes from qualified sources capable of providing the conversion of a Response and Recovery Vehicle (RRV) into a Mobile Command Vehicle (MCV). See attached Statement of Work. All terms, conditions, requirements, clauses and provision herein shall apply to this combined synopsis/solicitation. PRICE/COST SCHEDULE: ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT NO. SUPPLIES/SVCS PRICE 0001 1.00 LOT ____________ _______________ Reconfigure one (1) FEMA Response & Recovery RV Vehicle into Mobile Command Vehicle ____________________ GRAND TOTAL --- ==================== DELIVERY SCHEDULE: ITEM NUMBER QUANTITY DATE OF DELIVERY 0001 1.00 45 Days After Receipt of Order (ARO) All installed products shall be NEW from the original manufacturer. No used or refurbished products shall be accepted. WARRANTY REQUIREMENTS: Standard commercial warranties shall be valid and apply to all materials and workmanship under this purchase order. PERIOD OF PERFORMANCE: 45 calendar days after date of award. IDENTIFICATION OF GOVERNMENT OFFICIALS: The Government Officials assigned to this contract are as follows: Administrative Contracting Officer: Name: Gary P. Topper Phone: 301-447-7280 Email: gary.topper@dhs.gov Administrative Contract Specialist: Name: James Suerdieck Phone: 301-447-7244 Fax: james.suerdieck@dhs.gov Technical Point of Contact hereby delegated authority to accept goods and services and review and approve invoices for this contract: Name: TBD Phone: TBD Email: TBD TECHNICAL DIRECTION AND SURVEILLANCE: (a) Performance of the work under this contract shall be subject to the surveillance and written technical direction of the Contracting Officer's Technical Representative (COTR), who shall be specifically appointed by the Contracting Officer in writing. Technical direction is defined as a directive to the Contractor which approves approaches, solutions, designs, or refinements; fills in details or otherwise completes the general description of work of documentation items; shifts emphasis among work areas or tasks; or otherwise furnishes guidance to the Contractor. Technical direction includes the process of conducting inquiries, requesting studies, or transmitting information or advice by the COTR, regarding matters within the general tasks and requirements in Section C of this contract. (b) The COTR does not have the authority to, and shall not, issue any technical direction which: (1) Constitutes an assignment of additional work outside the Performance Work Statement; (2) Constitutes a change as defined in the contract clause entitled "Changes"; (3) In any manner causes an increase or decrease in the total fixed price or the time required for contract performance; (4) Changes any of the expressed terms, conditions, or specifications of the contract; or (5) Interferes with the Contractor's right to perform the specifications of the contract. (c) All technical directions shall be issued in writing by the COTR. (d) The Contractor shall proceed promptly with the performance of technical directions duly issued by the COTR in the manner prescribed by this clause and within his/her authority under the provisions of this clause. Any instruction or direction by the COTR which falls within one, or more, of the categories defined in (b)(1) through (5) above, shall cause the Contractor to notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and shall request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer shall either issue an appropriate contract modification within a reasonable time or advise the Contractor in writing within thirty (30) days after receipt of the Contractor's Letter that: (1) the technical direction is rescinded in its entirety (2) the technical direction is within the scope of the contract, does not constitute a change under the "Changes" clause of the contract and that the Contractor should continue with the performance of the technical direction. (e) A failure of the Contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the "Disputes" clause of this contract. (f) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COTR whom the Contracting Officer shall appoint shall be at the Contractor's risk. TYPE OF CONTRACT: The Government contemplates award of a Firm Fixed Price purchase order resulting from this combined synopsis/solicitation. PROVISIONS AND CLAUSES: FAR 52.212-1, Instructions to Offerors---Commercial Items, apply to this acquisition with the exception of (d), (h), and (i) of the clause, which are RESERVED; FAR 52.212-3, Offeror Representations and Certifications-Commercial Items; FAR 52.212-4, Contract Terms and Conditions---Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. In compliance with said clause, the following FAR clauses apply: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards; 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 52.219-6, Notice of Total Small Business Set Aside; 52.219-28, Post Award Small Business Program Rerepresentation; 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; 52.222-36, Affirmative Action for Handicapped Workers with disabilities; 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration. HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006) NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS: A. Preface Prior to submission of an agency protest, all parties must use their best efforts to resolve concerns raised by an interested party. FEMA offers, as an option for dispute resolution, Alternative Dispute Resolution (ADR). ADR in an informal, expeditious and inexpensive way to resolve contract issues and is designed to promote satisfying solutions and fair procedures. For more information on FEMA's ADR services, please contact FEMA's ADR office at the following address: Federal Emergency Management Agency Attn: Office of ADR 395 E Street, SW Patriots Plaza 1, Room 525 Washington, DC 20472-3215 If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency. These procedures have been designed to create an avenue for resolving third party grievances in connection with the acquisition process outside of formal processes through the Government Accountability Office (GAO) and the United States Court of Federal Claims (CFC). Filing an agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest through the GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest. Pursuing an agency protest does not extend the time for obtaining a stay at GAO. These procedures are in addition to the existing protest procedures contained in FAR Subpart 33.103. B. Definitions. (1) "Agency protest," as used in this SOP, is one that may be filed with either the Contracting Officer or the officer responsible for the resolution of all agency protests filed at the level above the Contracting Officer. (2) "Ombudsman," as used in this SOP, is the agency official above the level of the Contracting Officer designated by the Director of the Acquisition Management Division to handle and issue the formal agency decision resolving the protest. Protesters using these procedures may protest directly to the Ombudsman. (3) "Day," as used in this SOP, is a calendar day. In computing a period of time for the purpose of these procedures, the day from which the period begins to run is not counted. When the last day of the period is a Saturday, Sunday or a Federal holiday, the period extends to the next day that is not a Saturday, Sunday or a Federal holiday. Similarly, when the Washington, DC offices of FEMA are closed for all or part of the last day, the period extends to the next day on which the Agency is open. C. Submission Guidelines. (1) Agency protests may be filed through the Contracting Officer or, at the level above the Contracting Officer, through the Ombudsman either by FAX transmission or by "Certified Mail" (Return Receipt Requested) as follows: a. Protests filed through the Contracting Officer or the Ombudsman must be mailed or faxed to: Gary P. Topper, Department of Homeland Security/FEMA Acquisition Preparedness Branch Building D 16825 South Seton Avenue Emmitsburg, MD 21727 -OR- DHS/FEMA Att: Cliff Oliver Acquistion Operations Division 395 E Street, SW, Room 212 Washington, DC 20472-3205 b. The outside of the envelope or beginning of the FAX transmission must be marked "Agency Protest". c. If the protester submits the protest directly through the Ombudsman, the protester must also, within one (1) day of submitting the protest to the Ombudsman, submit a copy of the protest to the responsible Contracting Officer either by FAX transmission or by "Certified Mail" (Return Receipt Requested). (2) To be filed on a given day, protests and any subsequent appeals must be received by 4:30 PM, current-local time. Any protests received after that time will be considered to be filed on the next day. (3) Protest submissions will not be considered filed until all of the following information is provided: a. the protester's name, address, telephone number and fax number; b. the solicitation or contract number; c. a detailed statement of all factual and legal grounds for protests, to include an explanation of how the protester was prejudiced; d. copies of relevant documents; e. a request for ruling by the agency; f. a statement detailing the form of relief requested; g. all information establishing that the protester is an interested party for the purposes of filing a protest; and h. all information establishing the timeliness of the protest. (4) All protests must be signed by an authorized representative of the protester, and must be addressed to the Contracting Officer or the Ombudsman. D. Timeliness/Resolution of Protests. (1) Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which do not exist in the initial solicitation but which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation. (2) Protests other than those covered by paragraph (1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held. (3) Protests filed through the Contracting Officer. a. Within twenty (20) days after the protest is filed through the Contracting Officer, the Contracting Officer will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Return Receipt Requested)". b. Appeals i. Protesters who filed protests through the Contracting Officer may, within five (5) days of receipt of the Contracting Officer's written ruling, appeal to the Ombudsman. ii. Requests for Appellate Review must be submitted to the Ombudsman by FAX transmission or by "Certified Mail" (Return Receipt Requested). iii. The Ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Mail Receipt Requested)" within ten (10) days of receipt of the request for appellate review of the Contracting Officer's decision. iv. In accordance with FAR 33.103(d)(4) and 4 C.F.R 21.2(a)(3), if there is an agency appellate review of the Contracting Officer's decision on the protest, it will not extend GAO'S timeliness requirements. Therefore, any subsequent protest to the GAO must be filed within ten (10) days of knowledge of initial adverse agency action. (4) Protests filed through the Ombudsman: a. If the protester protests directly through the Ombudsman, the Ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Mail Receipt Requested)" within thirty-five (35) days after the protest was filed. b. Protests filed directly through the Ombudsman cannot be appealed within the agency. E. Dismissal of Protests. The agency may dismiss protests when protesters file protests through the GAO or CFC while their protests are pending at the agency level; and for failure to comply with any of the requirements of these agency protest procedures. For example, the agency may dismiss protests that are procedurally or substantively defective (e.g., the protest is untimely or the protest fails to clearly state legally sufficient grounds of protest). NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS: The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract: 1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. 2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. 3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. 4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. 5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. 6. The Government Agency owns the rights to all data/records produced as part of this contract. 7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. 8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (e-mail, fax, etc.) or state of completion (draft, final, etc.). 9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. 10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.Offerors are reminded to include a completed copy of 52.212-3 with RFQ response, or provide an affirmative response that the offeror is registered in ORCA and all information in ORCA is current and complete. All clauses shall be incorporated by reference or full text in the purchase order. Additional contract terms and conditions applicable to this procurement are: INVOICE INSTRUCTIONS: An invoice is a written request for payment under this contract for supplies delivered or for services rendered. Payment of invoices submitted under this contract shall be made in accordance with the terms and conditions of the Prompt Payment clause and in accordance with the provisions of other clauses in this contract. Failure or refusal to provide the following information on all invoices submitted under this contract may result in the invoice being considered improper for payment in accordance with the Prompt Payment clause. In order to be proper, an invoice must include, as applicable, the following: a. GENERAL INFORMATION 1. Name of Contractor 2. Invoice date 3. Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total. 4. Shipment number and date of shipment (bill-of-lading number and weight of shipment will be shown for shipments on Government bills of lading). 5. Name, title, phone number and complete mailing address of responsible Official who can be contacted in the event of an improper invoice, if there are questions, or additional information is needed by this agency to process payment. 6. Any other information or documentation required by other provisions of the Contract (such as evidence of shipment). 7. Invoices shall be prepared and submitted to the following addresses: Original and 2 copies of invoice should be sent to: Department of Homeland Security Federal Emergency Management Agency Center for Domestic Preparedness Attn: Vendor Payments (James Andruszewski) P.O. Box 5100 61 Responder Drive Anniston, AL 36205-0100 Another copy of invoice should be sent to: Department of Homeland Security Federal Emergency Management Agency FEMA Finance Center Building 708 P.O. Box 800 Berryville, VA 22611 In addition to the hardcopy invoices mailed to the addresses above, contractors may also submit a copy electronically to the following address: FEMA-Finance-Vendor-Payments@fema.gov AND James.andruszewski@fema.gov b. ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION 1. The contractor should include the EFT information set forth below on all invoices submitted for payment under this contract. Failure to provide the information or failure to notify this agency of changes to this information may result in delays in payments and/or rejection of the invoice in accordance with the Prompt Payment clause of this contract. The following EFT information should be submitted on each invoice: (a) Routing Transit Number (RTN) - The contractor shall provide the current 9-digit RTN of the payee's bank (b) Payee's account number (c) Contractor's Tax Identification Number (TIN) (The EFT information submitted must be that of the contractor unless there is an official Assignment of Claims on file with the payment office.) If at any time during the term of this contract, the contractor changes any EFT information, (i.e. financial agent, RTN, account number, etc.) the new EFT information must replace the old EFT information on subsequent invoices submitted under this contract. To avoid delays in processing invoices, the contractor must also submit written notification of EFT information changes to the office designated in this award document as soon as the new information is known to the contractor. This notification must be in writing and signed by the individual authorized by the contractor to make such changes. INSTRUCTIONS TO OFFERORS: This section specifies the format and content that offerors shall use in this Request for Quote (RFQ). 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 proposal 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 which 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, including separate Technical Proposal and Price Proposal, shall be submitted by the closing date specified in the solicitation. Technical Proposal Instructions Offerors shall provide sufficient written technical documentation (including, but not limited to: Project engineering and design, licenses & certifications, product literature, specifications, features, pertinent maintenance or operator manuals, and warranty information) sufficient enough to explain their ability to meet the requirements and allow for thorough evaluation of the proposal. Offeror shall also provide 3 past performance references within the past two years for the same or similar work. Please submit the following information: 1) Contract Number (if Government contract) 2) Customer (Agency or company) 3) Point of Contact Name 4) Point of Contact Phone number and email address 5) Brief description of the work performed While past performance is not a separate evaluation factor in the evaluation of Quotes, past performance shall be taken into consideration for technical conformance in the offeror's ability to perform the required work of this solicitation. Price Proposal Instructions Offerors shall provide a sufficient written price proposal separate from the technical proposal. The total proposed firm fixed price shall include all materials, transportation, delivery, equipment, labor hours, and any other direct or indirect costs associated with performance of this purchase order. EVALUATION FACTORS: a. The Government intends to evaluate on the basis of Price (Factor 1) and Technical Conformance (Factor 2) to the solicitation requirements. Price (Factor 1) and Technical Conformance (Factor 2) are of equal importance. The Government intends to award a firm fixed price purchase order without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial quote should contain the offeror's best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. The Government reserves the right to make no award as a result of this solicitation. b. Price will be evaluated on the basis of reasonableness and competitiveness. An offeror's quoted price will be determined by adding the contract line items to confirm the aggregated total of the price, including pick-up and delivery of the vehicle. The price will be analyzed by comparing the price quote received in response to the solicitation in accordance with FAR 15.404-1(b). OFFEROR QUESTIONS: If you have any questions, please contact James Suerdieck by email to: james.suerdieck@dhs.gov. Questions shall be submitted no later than 4:00 pm EST, 13 September 2011. No phone calls accepted. Questions submitted after this deadline may not receive a response. Additional photographs are available upon request. QUOTE SUBMISSION INSTRUCTIONS: Submit email quotes and supporting documentation (using PDF, MS Word or Excel attachments) to James Suerdieck at james.suerdieck@dhs.gov. Quotes are due no later than 4:00 pm EST, 16 September 2011.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/FEMA/NETC/HSFEEM-11-Q-0127/listing.html)
 

Place of Performance

Address: 61 Responder Drive, Anniston, Alabama, 36205, United States

Zip Code: 36205
 

Record

SN02559622-W 20110903/110902102815-bf312857724d22443821cdaaff5599d0 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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