OPTION - Propane Supply w/Tank Swap&Refill Service
Added: Jan 17, 2018 1:34 pm 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. The solicitation number is 4434DRCAJ00383 and is issued as an invitation for bids (IFB), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2005-96. The associated North American Industrial Classification System (NAICS) code for this procurement is 561790 with a small business size standard of $7.50M. This requirement is a [ Small Business ] set-aside and only qualified offerors may submit bids. The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2018-01-19 17:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com. FOB Destination shall be Sacramento, CA 95827The DHS Federal Emergency Management Agency requires the following items, Purchase Description Determined by Line Item, to the following: Base Period of Performance: 02/05/2018 - 05/01/2018LI 001: Line Item 001: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Base Period: Kyen Campground Mendocino County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, Lot;LI 002: Line Item 002: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Base Period: Kyen Campground Mendocino County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 6240, Gallons;LI 003: Line Item 003: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Base Period: Sonoma Fairgrounds Sonoma County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, HR;LI 004: Line Item 004: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Base Period: Sonoma Fairgrounds Sonoma County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 29272, Gallons;LI 005: Line Item 005: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Base Period: Redwood Empire Campground Mendocino County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, Lot;LI 006: Line Item 006: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Base Period: Redwood Empire Campgrounds Mendocino County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 6760, Gallons;LI 007: Line Item 007: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Base Period: Delivery Charge/Delivery Surcharge/Other Delivery Fees - All Sites/All Counties - Provide PROPANE delivery per the attached Statement of Work. Up to Ninety (90) day period of performance., 30, Deliveries;LI 008: Line Item 008: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Emergency Service/Labor Charge (Hourly Rate) - Sonoma & Mendocino Counties. Applicable Dept of Labor minimum Wage determinations attached., 1, HR;Option 1 Period of Performance: 05/02/2018 - 07/31/2018LI 001: Line Item 001: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 1: Kyen Campground Mendocino County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, Lot;LI 002: Line Item 002: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 1: Kyen Campground Mendocino County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 6240, Gallons;LI 003: Line Item 003: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 1: Sonoma Fairgrounds Sonoma County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, HR;LI 004: Line Item 004: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 1: Sonoma Fairgrounds Sonoma County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 29272, Gallons;LI 005: Line Item 005: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 1: Redwood Empire Campground Mendocino County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, Lot;LI 006: Line Item 006: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 1: Redwood Empire Campgrounds Mendocino County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 6760, Gallons;LI 007: Line Item 007: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 1: Delivery Charge/Delivery Surcharge/Other Delivery Fees - All Sites/All Counties - Provide PROPANE delivery per the attached Statement of Work. Up to Ninety (90) day period of performance., 30, Deliveries;LI 008: Line Item 008: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Emergency Service/Labor Charge (Hourly Rate) - Sonoma & Mendocino Counties. Applicable Dept of Labor minimum Wage determinations attached., 1, HR;Option 2 Period of Performance: 08/01/2018 - 10/29/2018LI 001: Line Item 001: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 2: Kyen Campground Mendocino County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, Lot;LI 002: Line Item 002: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 2: Kyen Campground Mendocino County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 6240, Gallons;LI 003: Line Item 003: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 2: Sonoma Fairgrounds Sonoma County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, HR;LI 004: Line Item 004: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 2: Sonoma Fairgrounds Sonoma County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 29272, Gallons;LI 005: Line Item 005: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 2: Redwood Empire Campground Mendocino County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, Lot;LI 006: Line Item 006: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 2: Redwood Empire Campgrounds Mendocino County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 6760, Gallons;LI 007: Line Item 007: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 2: Delivery Charge/Delivery Surcharge/Other Delivery Fees - All Sites/All Counties - Provide PROPANE delivery per the attached Statement of Work. Up to Ninety (90) day period of performance., 30, Deliveries;LI 008: Line Item 008: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Emergency Service/Labor Charge (Hourly Rate) - Sonoma & Mendocino Counties. Applicable Dept of Labor minimum Wage determinations attached., 1, HR;Option 3 Period of Performance: 10/30/2018 - 01/29/2019LI 001: Line Item 001: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 3: Kyen Campground Mendocino County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, Lot;LI 002: Line Item 002: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 3: Kyen Campground Mendocino County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 6240, Gallons;LI 003: Line Item 003: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 3: Sonoma Fairgrounds Sonoma County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, HR;LI 004: Line Item 004: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 3: Sonoma Fairgrounds Sonoma County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 29272, Gallons;LI 005: Line Item 005: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 3: Redwood Empire Campground Mendocino County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, Lot;LI 006: Line Item 006: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 3: Redwood Empire Campgrounds Mendocino County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 6760, Gallons;LI 007: Line Item 007: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 3: Delivery Charge/Delivery Surcharge/Other Delivery Fees - All Sites/All Counties - Provide PROPANE delivery per the attached Statement of Work. Up to Ninety (90) day period of performance., 30, Deliveries;LI 008: Line Item 008: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Emergency Service/Labor Charge (Hourly Rate) - Sonoma & Mendocino Counties. Applicable Dept of Labor minimum Wage determinations attached., 1, HR;Option 4 Period of Performance: 02/01/2019 - 05/02/2019LI 001: Line Item 001: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 4: Kyen Campground Mendocino County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, Lot;LI 002: Line Item 002: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 4: Kyen Campground Mendocino County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 6240, Gallons;LI 003: Line Item 003: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 4: Sonoma Fairgrounds Sonoma County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, HR;LI 004: Line Item 004: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 4: Sonoma Fairgrounds Sonoma County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 29272, Gallons;LI 005: Line Item 005: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 4: Redwood Empire Campground Mendocino County - Provide LABOR to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification. Applicable Dept of Labor minimum Wage determinations attached., 1, Lot;LI 006: Line Item 006: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 4: Redwood Empire Campgrounds Mendocino County - Provide PROPANE (Estimated Gallons)to support Tank Swap/Refill Service per the attached Statement of Work. Up to Ninety (90) day period of performance. Government may terminate part or all of services, adjust quantities or change locations, with two (2)days notification., 6760, Gallons;LI 007: Line Item 007: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Option 4: Delivery Charge/Delivery Surcharge/Other Delivery Fees - All Sites/All Counties - Provide PROPANE delivery per the attached Statement of Work. Up to Ninety (90) day period of performance., 30, Deliveries;LI 008: Line Item 008: Only Eligible Local Vendors based in the Declared Disaster Counties of CA DR-4344. See attached Declared(highlighted/colored)County Map. Emergency Service/Labor Charge (Hourly Rate) - Sonoma & Mendocino Counties. Applicable Dept of Labor minimum Wage determinations attached., 1, HR;Solicitation and Buy Attachments***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.***For this solicitation, DHS Federal Emergency Management Agency intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DHS Federal Emergency Management Agency is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com. Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process. Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com.Use of FedBid: Buyers and Sellers agree to conduct this transaction tough FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive.Onsite visits are available upon request between 8 a.m. - 12 noon on Thursday, January 18, 2018. Please contact the following: Redwood Empire: Leslie Church - 202-320-2158 Kyen Campground - Leslie Church - 202-320-2158 Sonoma Fairgrounds - Janet Mellema - 202-320-2158SAM.GOV Requirement - Company must be registered on SAM.GOV - System for Award Management before an award could be made to them. If company is not registered in SAM.GOV they may do so by going to SAM web site at http://www.sam.gov.The following FAR clauses in paragraph (b) of FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, will apply: 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of a FAR clause may be accessed electronically at http://www.acqnet.gov/far.The selected Offeror must comply with the following commercial item terms and conditions. FAR 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The selected 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 Items, applies to this acquisition.In addition to providing pricing at www.FedBid.com for this solicitation, each offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) directly to the point of contact in the FBO notice, so that they are received at that email address no later than the closing date and time for this solicitation.The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items. The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If not, the selected offeror must submit a completed copy of the listed representations and certifications; 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,(provided in full text), The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/.Bid MUST be good for 30 calendar days after close of Buy. THE CONTRACTING OFFICER MAY ISSUE A NOTICE TO PROCEED AND CONTRACT NUMBER TO THE SUBSEQUENT AWARDEE IN ORDER TO EXPEDITE SERVICES, FOLLOWED BY THE HARD COPY DOCUMENT.All eligible bidders can bid however the award will be given to the lowest priced, technically acceptable, responsive and responsible local bidder residing within disaster declaration DR-4344 California (only the eligible Counties; see attached CA Declared (Highlighted/Colored)County Map)based on SAM registration address. Please complete FAR 52.226-3 (In full text). If the offeror does not meet representation criteria of FAR 52.226-3c, he/she shall furnish documentation to support its representation IAW FAR 52.226-3d. FAR Clause 52.226-4 (In full text) & 52.226-5 (In full text) applies to this requirement.The following factors shall be used to evaluate quotes/offers: 1 - Satisfactory Past Performance will be evaluated. Contractor shall provide tee references to include: Point of contact name, address, valid phone number and email address. 2 - Lowest PriceProtest Instructions: E.1 52.233-2 SERVICE OF PROTEST (SEP 2006) (a) Protests, as defined in section 33.101 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: sherwin.turner@fema.dhs.gov Hand-Carried Address: Federal Emergency Mgmt. Agency Ms. Janice Joseph, Contracting Officer DR-4344-CA Joint Field Office 10000 Goethe Road Sacramento, CA 95827 Mailing Address: Same as above (b) ) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. E.2 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: 500 C Street SW, Washington, DC 20472. 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 tough 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 tough 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 tough the Contracting Officer or, at the level above the Contracting Officer, tough the Ombudsman either by FAX transmission or by "Certified Mail" (Return Receipt Requested) as follows: a. Protests filed tough the Contracting Officer or the Ombudsman must be mailed to FEMA DR-4332-TX Attn: Ms. Janice Joseph Contracting Officer 10000 Goethe Road Sacramento, CA 95827 -OR- OCPO Attn: David Orris Building D, Room 123 16825 South Seton Avenue Emmitsburg, MD 21727 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 tough 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 tough the Contracting Officer. a. Within twenty (20) days after the protest is filed tough 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 tough 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 tough the Ombudsman: a. If the protester protests directly tough 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 tough the Ombudsman cannot be appealed within the agency.E. Dismissal of Protests. The agency may dismiss protests when protesters file protests tough 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).Please note that the periods of performance are subject to change based on the award date.
4434DRCAJ00383 Federal Emergency Management Agency Headquarters Office of the Chief Procurement Officer
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