Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF FEBRUARY 09, 2013 FBO #4095
MODIFICATION

P -- Amendment 0001 - Wood Reduction for Beneficial Reuse at Floyd Bennett Field, NY

Notice Date

2/7/2013
 

Notice Type

Modification/Amendment
 

NAICS

113310 — Logging
 

Contracting Office

USACE District, Louisville, 600 Dr. Martin Luther King, Jr. Place, Room 821, Louisville, KY 40202-2230
 

ZIP Code

40202-2230
 

Solicitation Number

W912DS-13-R-0021
 

Response Due

2/8/2013
 

Archive Date

4/8/2013
 

Point of Contact

Misty Jones, 502-315-7401
 

E-Mail Address

USACE District, Louisville
(misty.d.jones@usace.army.mil)
 

Small Business Set-Aside

Total Small Business
 

Description

AMENDMENT 0001 - Summary of Changes is as follows: The synopsis/solicitation has been revised to correct the quantity from 55,000 CY to 30,000 CY of vegetative debris and 6,000 CY to 8,000 CY of mulch/chips staged at FBF. Please be advised that the SOW contains the official requirements. Additionally, all amendments must be acknowledged in the proposal. All other information remains unchanged. 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. Solicitation No. W912DS-13-R-0021 is being issued as a Request For Proposal (RFP) with the intent to award as a commercial acquisition. The solicitation document and incorporated provision and clauses are those in effect through Federal Acquisition Circular 2005-62. This procurement is 100% small business disaster area set-aside restricted to any small businesses that reside or primarily do business in Ulster, Sullivan, Orange, Putnam, Rockland, Westchester, Nassau, and Suffolk Counties and the Boroughs of Bronx, Queens, Richmond, Kings and Manhattan that encompass New York City, New York being part of the geographic area included in the FEMA Major Disaster Declaration No. 4085-DR-NY. Proposals will NOT be accepted from firms that reside or primarily do business in other counties or states. The NAICS Code for this procurement is now 113310 with a size standard of 500 employees. The U.S. Army Corps of Engineers (USACE) New York District has a requirement for Vegetative Reduction at Floyd Bennett Field, Brooklyn, New York. This procurement may be quoted as follows: SCA Wage Determination 2005-2375 R12 dated 6/12/2012 is effective for this contract. Copies may be obtained at www.wdol.gov. ALL WORK SHALL BE COMPLETED BY May 1, 2013. All quantities are estimates and are not a guarantee. PLEASE SEE THE COMPLETE STATEMENT OF WORK PROVIDED AS AN ATTACHED FILE. GENERAL: The contractor shall manage, reduce, and transport for beneficial reuse approximately 30,000 CY of vegetative debris and approximately 2,000 stumps and flush cuts (tree trunks cut to grade) at Floyd Bennett Field (FBF), located in Brooklyn, NY. Additionally, the contractor shall transport approximately 8,000 CY of mulch/chips staged at FBF to a permitted facility for beneficial reuse by April 1, 2013, The estimated 30,000 CY of loose vegetative debris staged and an estimated 1,000 stumps and flush cuts also to be staged at FBF by Feb 28, 2013 shall be reduced and transported off-site for beneficial reuse no later than March 30, 2013. Additionally, another (estimated) 1,000 stumps and flush cuts will be staged at FBF between March 1st and March 30th, 2013 from a different area and will be prepared, reduced to meet applicable requirements, and transported off-site for beneficial reuse by the contractor no later than May 1, 2013. This work shall be in compliance with all applicable federal, state, and local requirements. The United State Department of Agriculture (USDA) and the New York State Department of Agriculture and Markets (NYSDAM) has implemented a quarantine to manage the Asian Longhorned Beetle (ALB) infestation. The contractor shall maintain all ALB Criteria, but shall note the 1-inch by 1-inch in two dimensions requirement for all reduced vegetation after April 1, 2013. Vegetative debris that is transported for beneficial reuse before April 1, 2013, must be received by a vendor who has received regulatory variance from NYSDAM and/or USDA. EVALUATION AND SELECTION PROCEDURES. FAR Clause 52.212-1 Instruction to Offerors-Commercial Items (JUN 2008) applies to this acquisition. All proposals submitted will be evaluated for technical capability. The Government will issue a contract to the offeror whose offer is the lowest priced of those determined to meet at least the minimum requirements for capability to perform. Capability to Perform is defined as meeting the minimum requirements Management/Operations, Company Experience and Past Performance listed below. The Government intends to award a single fixed price contract as a result of this Solicitation, and intends to award without discussions. The Government reserves the right to hold discussions if it deems them necessary. Significant factors that will affect contract award are listed below: The Government will issue a contract to the offeror whose offer is the lowest priced technically acceptable offer. Technical Acceptability is defined as meeting the minimum requirements; Management/Operations, Company Experience and Past Performance listed below. The Government intends to award a single fixed price contract as a result of this Solicitation, and intends to award without discussions. The Government reserves the right to hold discussions if it deems them necessary. Significant factors that will affect contract award are listed below. As stated below, information submitted to comply with the Management/Operations and Company Experience factors shall not exceed 10 pages, and any information submitted on pages after the first 10 pages will not be considered for those factors. a. Management/Operations - a.1 Proposal shall briefly describe your capability to maintain equipment and sustain the performance of the required scope of work in the event of equipment failure. Descriptions may include current maintenance performed, potential backup equipment, etc. Your plan will be evaluated based on capability to successfully perform within the specified schedule. a.2 Operational output of grinder a.3 Engine and grinder descriptions (e.g., tub grinder, horsepower, roller and teeth descriptions) a.4 Loading equipment descriptions (e.g., tub grinder, trucks) a.5 Proposal shall briefly describe stockpile maintenance. Descriptions may include receiving stumps, loose vegetative pile, reduced vegetative pile, etc. Your plan will be evaluated based on practicality to successfully maintain the stockpile. a.6 Proposal shall briefly describe how the Asian Longhorn Beetle criteria in accordance with the Scope of Work (e.g., 1 quote mark X 1 quote mark in two dimensions) will be met. Your plan will be evaluated based on practicality to successfully achieve the requirements of the Asian Longhorn Beetle. a.7 Proposal shall briefly describe personnel management. The plan shall include documentation of experienced management to include, but not limited to the Operations Manager. It shall also include the number of personnel and a list of equipment designated to this effort. Your plan will be evaluated based on practicality to successfully perform within the specified schedule. a.8 Proposal shall briefly describe mobilization, site preparation and grinding operations in accordance with the Scope of Work. b. Company Experience - In order to be determined to be technically acceptable, the offeror MUST demonstrate that it possesses experience on contracts of a similar scope. Experience considered to be similar may include debris removal, vegetation management, grinding and stump removal. DO NOT provide evidence of experience that is not similar to the scope of this project; such experience will not be considered by the Government. c. Past Performance - In order to be determined acceptable, the offeror MUST demonstrate that its firm had acceptable performance on the projects of a similar scope. The offeror must provide the customer's name, a point of contact and telephone number. Successful performance may include certificates, awards, letters of appreciation, letters of recommendation and/or performance evaluations from the customer for projects submitted. A sample questionnaire is attached and may be submitted in support of past performance; however, the information MUST be from the customer and may be verified. If no past performance information is provided, the offeror MUST provide an acceptable explanation as to why additional past performance is not available. The Government may use any means to verify performance to include contacting the customer points of contact provided. Prospective offerors must include with their proposal all information required by the Evaluation and Selection Procedures above, the Disaster or Emergency Area Representation required by FAR 52.226-3 (clause set out in full text below), and completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items with this offer. The following clauses and provisions are incorporated and will remain in full force in any resultant award. The full text of these clauses can be accessed electronically at website: http://www.farsite.hill.af.mil or http://www.acq.osd.mil/dpap/dars/dfarpgi/current/index.html. FAR 52.212-1 Instructions to Offerors Commercial Items; 52.212-2 -- Evaluation -- Commercial Items (with variation for LPTA evaluation).. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: 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: i. Technical (consisting of Management/Operations and Company Experience factors described above) ii. Past Performance iii. Price (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (c) 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 Provision) 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 (Nov 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: XX (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). XX (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). XX(4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug 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). XX(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). XX (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). ___ (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] XX (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. XX(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). XX (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)). XX (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)). XX(26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). XX (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). XX(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). XX (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). XX (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). XX (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). XX (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). XX(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). XX (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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. XX (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). ___ (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 (Nov 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, 112-42, and 112-43). ___ (ii) Alternate I (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Nov 2012) of 52.225-3. ___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). ___ (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). XX (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). XX (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)). XX (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.] XX (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). XX (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 (Jul 2012). (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) 52.211-11 -- Liquidated Damages -- Supplies, Services, or Research and Development. As prescribed in 11.503(a), insert the following clause in solicitations and contracts: Liquidated Damages -- Supplies, Services, or Research and Development (Sept 2000) (a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $2,750.00 per calendar day of delay (b) If the Government terminates this contract in whole or in part under the Default -- Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause. (c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default -- Fixed-Price Supply and Service clause in this contract. (End of Clause) The following Clauses are also applicable to this acquisition: FAR 52.211-18, Variation in Estimated Quantities; FAR 52.215-5 Facsimile Proposals; FAR 52.232-32, Performance Based Payments; DFARS 252.204-7004 Alternate A Central Contractor Registration; DFARS 252.209-7001; Disclosure of Ownership or Control by the Government of a Terrorist Country; DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items; DFARS 252.232-7010 Levies on Contract Payments;. The following clause is provided in full text and is applicable to this acquisition. Note: Prospective offerors must check the appropriate block in the clause 52.226-3(b) Representations. 52.226-3 DISASTER OR EMERGENCY AREA REPRESENTATION (NOV 2007) (a) Set-aside area. The area covered in this contract are: Ulster, Sullivan, Orange, Putnam, Rockland, Westchester, Nassau, Suffolk Counties and the Boroughs of Bronx, Queens, Richmond, Kings and Manhattan that encompass New York City, New York. (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. (End of provision) The following Clauses are also applicable to this acquisition: FAR 52.215-5 Facsimile Proposals; DFARS 252.204-7004 Alternate A Central Contractor Registration; DFARS 252.209-7001; Disclosure of Ownership or Control by the Government of a Terrorist Country; DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items; DFARS 252.232-7010 Levies on Contract Payments. The following clause is provided in full text and is applicable to this acquisition. Note: Prospective offerors must check the appropriate block in the clause 52.226-3(b) Representations. PROPOSAL SUBMISSION REQUIREMENTS Offerors are required to submit an electronic proposal consisting of the following volumes: a. Volume I-- Technical (Factors a. Management/Operations and b. Company's Experience) and Past Performance (Separate pdf document). b. Volume II-- Price volume includes price schedule, Representations and Certifications, Disaster or Emergency Area Representations and a statement acknowledging all amendments. (Separate pdf document). Technical proposal (consisting of information submitted for the Management/Operations and Company Experience Factors) must not exceed 10 pages. The RFP number and a table of contents shall be provided. Each volume's contents must be attached as separate documents. Table of contents and Past Performance information will not count toward the 10 page limit. The submission of false or misleading information shall be grounds for disqualification of the proposal. Payment and performance bonds are required and must be submitted in accordance with FAR Clause 52.228-16, as stipulated below. Failure to provide bonds in the time required may resultin contract termination and award to the next lowest priced technically acceptable offeror. Upon receipt and approval of bonds, a Notice to Proceed will be issued. This Contract will have an estimated period of performance of 60 days, which begins upon issuance of the Notice to Proceed. 52.228-2 -- Additional Bond Security. The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if -- (a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government; (b) Any surety fails to furnish reports on its financial condition as required by the Government; (c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or (d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable substitute, at least 30 days before an ILC's scheduled expiration, the Contracting officer has the right to immediately draw on the ILC. (End of Clause) 52.228-16 -- Performance and Payment Bonds -- Other Than Construction. (a) Definitions. As used in this clause -- quote mark Original contract price quote mark means the award price of the contract or, for requirements contracts, the price payable for the estimated quantity; or for indefinite-quantity contracts, the price payable for the specified minimum quantity. Original contract price does not include the price of any options, except those options exercised at the time of contract award. (b) The Contractor shall furnish a performance bond (Standard Form 1418) for the protection of the Government in an amount equal to 100 percent of the original contract price and a payment bond (Standard Form 1416) in an amount equal to 100 percent of the original contract price. (c) The Contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the Contracting Officer, within 3 days, but in any event, before starting work. (d) The Government may require additional performance and payment bond protection if the contract price is increased. The Government may secure additional protection by directing the Contractor to increase the penal amount of the existing bonds or to obtain additional bonds. (e) The bonds shall be in the form of firm commitment, supported by corporate sureties whose names appear on the list contained in Treasury Department Circular 570, individual sureties, or by other acceptable security such as postal money order, certified check, cashier's check, irrevocable letter of credit, or, in accordance with Treasury Department regulations, certain bonds or notes of the United States. Treasury Circular 570 is published in the Federal Register, or may be obtained from the: U.S. Department of Treasury Financial Management Service Surety Bond Branch 3700 East West Highway, Room 6F01 Hyattsville, MD 20782 Or via the internet at http://www.fms.treas.gov/c570/. (End of Clause) If you are not registered in Systems for Award Management (SAM), an award may not be made to your company; however, you shall initiate registration before the date proposals are due. If at the time of award your organization is not fully registered in SAM, your organization will be removed from consideration. You may register electronically at http://www.sam.gov. Registering electronically will expedite the registration process. You may also contact your local Procurement Technical Assistance Center (PTAC) for guidance. Please refer to the attached helpful information to discern the closest PTAC and/or view SAM registration instructions. Proposals SHALL be submitted electronically and are due Friday, 8 February 2013, not later than 7:00 p.m., EST to Contracting Specialist Misty Jones at address misty.d.jones@usace.army.mil. Failure to address required elements and/or provide sufficient information for the Government to evaluate an offerors technical capability may result in an unacceptable rating and potential removal from consideration. REQUESTS FOR INFORMATION AND QUESTIONS REGARDING THIS SOLICITATION MUST BE EMAILED TO Misty Jones at misty.d.jones@usace.army.mil. ENSURE YOUR EMAIL IS MARKED RFI FOR SOLICITATION W912DS-13-R-0021. Deadline for RFIs is Thursday, 7 February 2013 @ 10:00 a.m., EST.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/USA/COE/DACA27/W912DS-13-R-0021/listing.html)
 

Place of Performance

Address: Floyd Bennett Field 50 Aviation Road Brooklyn NY

Zip Code: 11234
 

Record

SN02982513-W 20130209/130207235258-4025c963a1a0cf3259580544f682a456 (fbodaily.com)
 

Source

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

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