SOLICITATION NOTICE
J -- AIR-CONDITIONING UNIT PREVENTATIVE MAINTENANCE FOR VARIOUS NATIONAL WEATHER SERVICE OFFICES THROUGHOUT HAWAII - Package #1 - SOW
- Notice Date
- 6/10/2013
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 238220
— Plumbing, Heating, and Air-Conditioning Contractors
- Contracting Office
- Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Region Acquisition Division, 7600 Sand Point Way, Northeast, Seattle, Washington, 98115-6349
- ZIP Code
- 98115-6349
- Solicitation Number
- AB-133W-13-RQ-0443
- Archive Date
- 6/29/2013
- Point of Contact
- STEPHANIE M. GARNETT, Phone: (808)983-5704
- E-Mail Address
-
STEPHANIE.M.GARNETT@NOAA.GOV
(STEPHANIE.M.GARNETT@NOAA.GOV)
- Small Business Set-Aside
- N/A
- Description
- Wage Determination Statements of Work Schedule COMBINED SYNOPSIS/SOLICITATION AIR-CONDITIONING UNIT PREVENTATIVE MAINTENANCE FOR VARIOUS NATIONAL WEATHER SERVICE OFFICES THROUGHOUT HAWAII (I) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice and in accordance with the simplified acquisition procedures authorized in FAR Part 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a request for quotation (RFQ). Submit written quotes on RFQ Number AB-133W-13-RQ-0443. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-66. (IV) This solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 238220. The small business size standard is $14.0 million. (V) This combined solicitation/synopsis is for purchase of the following commercial item services: Line Item Description Qty. Unit Price Amount 0001 Monthly Preventative Maintenance at the National Weather Service, Weather Forecast Office, 2525 Correa Road, Suite 250, Honolulu, HI 96822 (Period of Performance: 7/1/13 - 6/30/2014) 0002 Monthly Preventative Maintenance at the National Weather Service, Pacific Region Headquarters, 737 Bishop Street, Suite 2200, Honolulu, HI 96813 (Period of Performance: 7/1/13 - 2/28/2014) 0003 Bi-Monthly Preventative Maintenance at the Data Collection Office, Lihue, 3651-B Ahukini Road, Lihue, Hawaii 96766 (Period of Performance: 7/1/13 - 6/30/2014) 0004 Bi-Monthly Preventative Maintenance at the Data Collection Office, Hilo, 121 Ailolo Street, Hilo, Hawaii 96720 (Period of Performance: 7/1/13 - 6/30/2014) 0005 Monthly Preventative Maintenance at the Pacific Tsunami Warning Center, 91-270 Fort Weaver Road, Ewa Beach, Hawaii 96706 (Period of Performance: 7/1/13 - 6/30/2014) 0006 Semi-Annual Preventative Maintenance at the Pacific Tsunami Warning Center, 91-270 Fort Weaver Road, Ewa Beach, Hawaii 96706 (Period of Performance: 7/1/13 - 6/30/2014) 0007 Quarterly Preventative Maintenance at the Pacific Tsunami Warning Center, 91-270 Fort Weaver Road, Ewa Beach, Hawaii 96706 (Period of Performance: 7/1/13 - 6/30/2014) (VI) Description of requirements is as follows: See attached Statements of Work. The Service Contract Act applies to this requirement. See Department of Labor Wage Determination: 2005-2153, Revision No. 16, dated 6/13/12, which can be found on: www.wdol.gov. (VII) Delivery shall be FOB Destination. See the above line items for the Period of Performance. (VIII) FAR 52.212-1, Instructions to Offerors -- Commercial Items (through FAC 2005-66 dated April 1, 2013), applies to this acquisition. NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed. Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror. 1. Quotes shall be fully executed and returned on the Standard Form (SF) 18 and any acknowledgements of solicitation amendments on the SF 30. 2. At a minimum the contractor shall provide the following information: a) Point of contact name, telephone and E-mail address. b) DUNS Number (IX) Offers will be evaluated solely on price. The Government intends to award a firm fixed-price purchase order on an all or none basis with payment terms of Net 30. (X) The Offeror must submit a completed copy of the provision at FAR 52.212-3 Offeror Representations and Certifications - Commercial Items (FAC 2005-66) with its quote. The offeror shall complete the annual representations and certifications electronically in System for Award Management at https://www.sam.gov/portal/public/SAM/. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (2005-66). (XII) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (2005-66) applies to this acquisition. The following clauses under subparagraph (b) apply: (4), (8), (12), (23), (26), (28), (29), (30), (31), (32), (33), (38), (42) and (47). The following clauses under subparagraph (c) apply: (1) and (2). Fill-in information for 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage HVAC Maintenance $15.33 Department of Commerce Clauses: 52.204-99 System For Award Management Registration (September 2012) (Deviation) (a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government. "Commercial and Government Entity (CAGE) code" means- (1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code." "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. "Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix). This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern. "Registered in the SAM database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database; (2) The Contractor's CAGE code is in the SAM database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active." The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process. "System for Award Management (SAM)" means the primary Government repository for prospective Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes- (1) Data collected from prospective Federal awardees required for the conduct of business with the Government; (2) Prospective Contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations, or by the Government Accountability Office. (b) (1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4. (3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM. (c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) A Contractor may obtain a DUNS number- (i) Via the internet at http://fedgov.dnb.com/webform or if the Offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The Offeror should indicate that it is an Offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. (2) The Contractor should be prepared to provide the following information: (i) Company legal business name. (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. (iii) Company physical street address, city, state and Zip Code. (iv) Company mailing address, city, state and Zip Code (if separate from physical). (v) Company telephone number. (vi) Date the company was started. (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship within your entity). (d) Reserved. (e) Processing time, for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not registered should consider applying for registration at least two weeks prior to invoicing. (f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g)(1)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; and (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 1-866-606-8220 or 334-206-7828 for international calls. 1352.201-70, Contracting Officer's Authority (April 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. (End of clause) 1352.209-73 Compliance With the Laws (April 2010) The contractor shall comply with all applicable laws, rules and regulations, which deal with or relate to performance in accord with the terms of the contract. 1352.209-74 Organizational Conflict of Interest (April 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. 1352.233-70 Agency Protests (April 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (b) Agency protests filed with the Contracting Officer shall be sent to the following address: DOC, NOAA, WAD ATTN: STEPHANIE GARNETT 2570 DOLE STREET HONOLULU, HI 96822 (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: MR. BARRY E. BERKOWITZ U.S. DEPARTMENT OF COMMERCE OFFICE OF ACQUISITION MANAGEMENT 1401 CONSTITUTION AVE, NW ROOM 6422 WASHINGTON, DC 20230 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. DEPARTMENT OF COMMERCE OFFICE OF THE GENERAL COUNSEL CHIEF, CONTRACT LAW DIVISION ROOM 5893 HERBERT C. HOOVER BUILDING 14TH STREET AND CONSTITUTION AVENUE, N.W. WASHINGTON, D.C. 20230 FAX: (202) 482-5858 1352.233-71 GAO and Court of Federal Claims Protests (April 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. DEPARTMENT OF COMMERCE OFFICE OF THE GENERAL COUNSEL CHIEF, CONTRACT LAW DIVISION ROOM 5893 HERBERT C. HOOVER BUILDING 14TH STREET AND CONSTITUTION AVENUE, N.W. WASHINGTON, D.C. 20230. FAX: (202) 482-5858 (XIV) The Defense Priorities and Allocations System (DPAS) and assigned ratings do not apply. (XV) Quotes are required to be received in the contracting office no later than 2:00 P.M. HST on Friday June 14, 2013. All quotes must be emailed to the attention of Contracting Officer, Stephanie Garnett @ Stephanie.M.Garnett@noaa.gov. (XVI) Any questions regarding this solicitation should be directed in writing to Stephanie Garnett @ Stephanie.M.Garnett@noaa.gov.
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