MODIFICATION
89 -- Purchase & Delivery of Food Items
- Notice Date
- 9/13/2012
- Notice Type
- Modification/Amendment
- NAICS
- 424410
— General Line Grocery Merchant Wholesalers
- Contracting Office
- Department of Homeland Security, Federal Emergency Management Agency, Gulf Coast Recovery Office (GCRO), 500 C Street SW, Patriots Plaza -- 2nd Floor, Washington, District of Columbia, 20472, United States
- ZIP Code
- 20472
- Solicitation Number
- HSFE06-12-R-2049
- Archive Date
- 10/1/2012
- Point of Contact
- Andrea Tubbs, Phone: 940) 898-5395, Ahisha Alexander, Phone: 940-898-5307
- E-Mail Address
-
AndreaT.Tubbs@dhs.gov, ahisha.alexander@fema.dhs.gov
(AndreaT.Tubbs@dhs.gov, ahisha.alexander@fema.dhs.gov)
- Small Business Set-Aside
- Total Small Business
- Description
- Amendment A00001 The subject notice is revised to read as follows to: 1) change the solicitation from a 100% Small Business Set-aside to an Unrestricted buy open to all sources, 2) add and evaluation preference for local firms as defined in FAR 52.226-3, and 3) allow multiple contract awards for both delivery locations and each CLIN. Notice 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 number is HSFE06-12-R-2049 and is issued as a Request for Proposal (RFP). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2010-07. The associated North American Industrial Classification System (NAICS) code for this procurement is 424410, General Line Grocery Merchant Wholesalers, and 424490, Other Grocery and Related Products Merchant Wholesalers, with a small business size standard of 100 employees for both NAICS codes. This is revised to be an unrestricted buy. Description of Requirement The Government's requirement is to support the purchase and delivery of necessary food items to Alexandria, Baton Rouge, and New Orleans, Louisiana. The description and quantity of each food item is specified in Attachment A to this RFP. The Government's intent is to award a firm fixed priced contract to one (1) contractor responding to this RFP. However, the Government reserves the right to issue multiple contract awards for each delivery location and each CLIN as necessary to meet total quantities of items set forth in Attachment A. The successful offeror(s) are required to possess and be in compliance with all federal, state, and local laws and regulations pertaining to the delivery of food. Delivery will be made to the following 3 (three) locations: Location 1 New Orleans 700 Edwards Avenue Harahan, LA 70123 Location 2 Baton Rouge 5546 Choctaw Drive Baton rouge, LA 70805 Location 3 Alexandria 3223 Baldwin Avenue Alexandria, LA 71301 Proposal Submission Instructions Responses to this Request for Proposal (RFP) are due no later than 4:00 pm, CDT, on Sunday, September 16, 2012. Questions regarding this solicitation shall be submitted to the Contract Officer via email only, no later than 3:00 PM, CDT, on Friday, September 14, 2012. Questions received after this time and date may not be considered. Each Offeror is required to submit an electronic version of your company's proposal. Proposals sent or received by U.S. Postal or courier mail to the office or physical address will not be accepted. Questions and proposals shall be submitted to Andrea T. Tubbs at AndreaT.Tubbs@dhs.gov, the Contracting Officer via email ONLY. Basis for Award The award shall be made to the responsible offeror(s) whose offer conforming to the RFP will be most advantageous and represent the best value to the Government. Award decision shall be based on the lowest price technically acceptable (LPTA) proposal with consideration given to the local evaluation preference listed below. Therefore, the award shall be made on the basis of the lowest priced proposal that meets or exceeds the acceptability standards for technical factors. The Government intends to make award without discussions. Therefore, offerors are cautioned that their initial offer should contain the best terms from the technical and price standpoint. However, the Government reserves the right to conduct discussions, if it is in the best interest of the Government. Notice of Price Evaluation for Local preference (a) Definition. See FAR 26.202-2 - Evaluation Preference (b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except offers from local business that completed and met criteria as listed in FAR 52.222-3. (2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of this factor. Evaluation Factors Your response to this request for proposal shall include a technical proposal, labeled Volume I, and a pricing proposal, labeled Volume II. Volume I of your proposal shall consist of a response to the technical factors set forth below in the section above entitled, Basis for Award. Volume II of your company's proposal shall consist of a response to price considerations set forth below in section above entitled, Basis for Award. Therefore, your company's Volume I and Volume II shall be submitted together but as separate documents and shall contain a response to each of the respective factors listed below. Cover Letter Content All proposal submissions cover letter must include the following information. Please ensure your company's name or identifying information is only listed on this page of the document. Your company's name or identifying information must not appear on any other documents in your proposal: a) Tax Identification Number (TIN) b) Dun & Bradstreet Number (DUNS) c) Company's Name and Address d) Authorized Representative Name e) Contact Email address f) Complete business mailing address g) Contact telephone and fax number h) Local Preference Status. Volume I-Technical Proposal Technical Evaluation Factor- Management Plan The offeror is requested to submit a project management plan. Each offeror shall address the following factor: A management plan shall be provided to include the following: • Subcontractors/personnel participating in this project; • The equipment and resources to be used in this project • Quality control (ex. monitoring progress, resolving issues) • Schedule- A delivery schedule that begins deliveries by of al least 10% of the required quantities by September 19, 2012 and concludes by 100% delivery by September 30, 2012. The Government will evaluate the offerors management plan on a technical acceptable/unacceptable basis. To be found acceptable the offeror must demonstrate a sound approach that provides reasonable assurance the required items will be delivered with the required timeframe at the stated quantities. Volume II-Price Proposal Non-Technical Evaluation Factor-Price Price proposals shall include fixed prices for each Contract Line Item Number (CLIN) listed in Attachment A, Price/Cost Schedule. Offerors may submit price proposals for all three (3) pre-designated locations (see tabs in excel spreadsheet). However, offerors may submit a proposal for any CLIN and any quantity. Price proposals will be separately evaluated for each pre-designated location. The lowest priced proposal for each location will be based on the total price for all CLINs and any evaluation preference. Price proposals will be evaluated to determine price reasonableness. Solicitation Provisions and Contract Clauses by reference: Offeror must comply with the following commercial item terms and conditions. FAR 52.212-1, Instructions to Offerors - Commercial, applies to this solicitation. Offeror must submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items. FAR 52.212-4, Contract Terms and Conditions - Commercial Item applies to this solicitation. FAR 52.212-5 applies to this solicitation PACKAGING AND MARKING Marking: All packing should list production date, lot number and next inspection date or expiration date (as applicable). Next inspection date or expiration date shall be no earlier than 36 months after production date. Labeling/Packaging: Note: ALL LABELING SHALL BE IN ACCORDANCE WITH FDA AND USDA REQUIREMENTS INCLUDING NUTRITIONAL FACTS LABELING IN ACCORDANCE WITH THE NUTRITIONAL LABELING AND EDUCATION ACT (NLEA). MAXIMUM SIZE OF PRINT FOR SUCH REQUIRED USDA/FDA LABELING SHALL BE THE MINIMUM SIZE PERMITTED BY THOSE REQUIREMENTS AND WITH THE REQUIREMENTS STATED BELOW. Packaging should be environmentally friendly. Individual packages shall be labeled with the Nutrition Facts' in accordance with the Nutrition Labeling and Education Act (NLEA) and all other applicable FDA/USDA regulations. Contractor(s) shall provide the exact sodium content per meal. All items shall be shipped utilizing industry standard size pallets (48 inches by 40 inches). The contractor shall label each sealed pallet container in accordance with the following minimum requirements: (1) A statement identifying the commodity. (2) The name and place of business of the manufacturer, packer, or distributor. (3) Net quantity of contents in terms of weight, measure, or numerical count (measurement must be in both metric and inch/pound units). C.5 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2012) (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)). [ ] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, 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: [Contracting Officer check as appropriate.] [x] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [_] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [_] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). [x] (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Feb 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). [_] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). [x] (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). [x] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). [x] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). [_] (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). [_] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). [_] (11) [Reserved] [_] (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). [_] (ii) Alternate I (Nov 2011). [_] (iii) Alternate II (Nov 2011). [_] (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [_] (ii) Alternate I (Oct 1995) of 52.219-7. [_] (iii) Alternate II (Mar 2004) of 52.219-7. [] (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). [_] (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).) [_] (ii) Alternate I (Oct 2001) of 52.219-9. [_] (iii) Alternate II (Oct 2001) of 52.219-9. [_] (iv) Alternate III (July 2010) of 52.219-9. [_] (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). [_] (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). [_] (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [_] (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). [_] (ii) Alternate I (June 2003) of 52.219-23. [_] (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [_] (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [_] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). [_] (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). [_] (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). [_] (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). [x] (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [x] (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). [x] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [x] (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [x] (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). [x] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [x] (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). [x] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). [_] (34) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [_] (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [_] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [_] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). [_] (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). [_] (ii) Alternate I (Dec 2007) of 52.223-16. [x] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). [x] (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). [_] (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (May 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, and 112-42). [_] (ii) Alternate I (Mar 2012) of 52.225-3. [_] (iii) Alternate II (Mar 2012) of 52.225-3. [_] (iv) Alternate III (Mar 2012) of 52.225-3. [_] (41) 52.225-5, Trade Agreements (May 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [x] (42) 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 the Treasury). [x] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [x] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [_] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [_] (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [x] (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). [_] (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). [_] (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). [_] (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [_] (51) (i) 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). [_] (ii) Alternate I (Apr 2003) of 52.247-64. (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: [Contracting Officer check as appropriate.] [_] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [_] (2) 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.). [_] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). [_] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [_] (5) 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.). [_] (6) 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.). [_] (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). [_] (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (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 this paragraph (e)(1) 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, Title 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 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (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). (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)). [_] Alternate I (Aug 2007) of 52.222-50 (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. The following FAR clauses shall be applicable to the resulting award: 52.223-5; 52.204-99.The full text of a FAR clause may be accessed electronically at http://www.acqnet.gov/far. In the addition, the following Homeland Security Acquisition Regulations (HSAR) shall be applicable to the contract: 3052.204-70, 3052.209-70, 3052.228-70, 3052.242-72 52.226-3 DISASTER OR EMERGENCY AREA REPRESENTATION (NOV 2007) (a) Set-aside area. The area covered in this contract is: The parishes of Acadia, Allen, Ascension, Assumption, Avoyelles, Cameron, East Baton Rouge, East Feliciana, Franklin, Iberia, Iberville, Jefferson, Jefferson Davis, Lafourche, Livingston, Morehouse, Natchitoches, Orleans, Ouachita, Plaquemines, Pointe Coupee, Rapides, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, Vermilion, Washington, and West Baton Rouge. Additionally all counties designated on or before the close of this solicitation will be included in the local evaluation preference. (b) Representations. The offeror represents that it [ ] does [ ] does not reside or primarily do business in the set-aside area. (c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months-- (1) The offeror had its main operating office in the area; and (2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees. (d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include-- (1) Physical location(s) of the offeror's permanent office(s) and date any office in the set-aside area(s) was established; (2) Current state licenses; (3) Record of past work in the set-aside area(s) (e.g., how much and for how long); (4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area; (5) Percentage of the offeror's gross revenues attributable to work performed in the set-aside area; (6) Number of permanent employees the offeror employs in the set- aside area; (7) Membership in local and state organizations in the set-aside area; and (8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements. (e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation. 52.226-5 - Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (a) Definitions. The definitions of the following terms used in this clause are found in the Small Business Administration regulations at 13 CFR 125.6(e): cost of the contract, cost of contract performance incurred for personnel, cost of manufacturing, cost of materials, personnel, and subcontracting. (b) The Contractor agrees that in performance of the contract in the case of a contract for- (1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the Contractor or employees of other businesses residing or primarily doing business in the clause at FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside; (2) Supplies (other than procurement from a nonmanufacturer of such supplies). The Contractor or employees of other businesses residing or primarily doing business in the set-aside area shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials; (3) General construction. The Contractor will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area; or (4) Construction by special trade Contractors. The Contractor will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area. 52.233-2 Service of Protest. SERVICE OF PROTEST (SEPT 2006) (a) Protests, as defined in section 31.101 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: FEMA Andrea Tubbs 800 North Loop 288 Denton, TX 76209 Contracting Officer (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) ****Offerors must present their representations and certifications, upon request, through the Online Representations and Certifications Application (ORCA) at http:orca.bpn.gov.
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