Service and Maintenance of Outboard Engines and Other Systems for NOAA Boats
Added: Aug 18, 2014 9:14 pm (i) 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.(ii) The solicitation number for this procurement is WE-133F-14-RQ-1075 and is hereby issued as a request for quotation (RFQ).(iii) The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular 2005-76 dated July 25, 2014.(iv) This procurement is 100% set-aside for small business concerns. The associated NAICS code is 811490 with a corresponding small business size standard of $7.0 million.(v) Contract Line Item NumbersSee Attached Standard Form 18 included as a separate attachment on FBO.(vi) Description of RequirementsSee the Statement of Work which is included as a separate attachment on FBO.(vii) Date(s) and Place(s) of Delivery and Acceptance/FOB Point.Place of Delivery:NOAA/NMFS/PIFSC1845 Wasp Boulevard, Building 176Honolulu, HI 96818All deliveries shall be FOB Destination.All Federal Acquisition Regulation (FAR) clauses listed below are available for download at https://acquisition.gov/far/.(viii) 52.212-1, Instructions to Offerors-Commercial Items (APR 2014) applies to this acquisition.(ix) 52.212-2, Evaluation-Commercial Items (JAN 1999) applies to this acquisition as follows:(a) The Government will award a contract resulting from this solicitation to theresponsible 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:Factor A -- APPROACH AND CAPABILITIES - Offerors will be evaluated based on their corporate and individual qualifications to perform the work; adequacy of equipment, materials and facilities proposed; and experience with the types of operations identified in the solicitation.Factor B -- PAST PERFORMANCE -- Performance by the quoter and its subcontractor(s) as it relates to all solicitation requirements will be evaluated. The evaluation will include the quality of supplies and services previously performed, timeliness of performance, customer satisfaction and indication of ability to improve performance tough proactive management. Evaluation of this factor will be based on the information contained in the proposal and information provided by references. The government may evaluate past performance by contacting references and/or other sources and may also consider other information available.Factor C - PRICEFactors A and B are considered to be substantially more important than price in this evaluation process.(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.The government reserves the right to make an award to other than the lowest priced offer or if the contracting officer determines that to do so would result in the best value to the government.Note that any and all costs associated with proposal preparation, are the responsibility of the quoter and will not be reimbursed by the government.(x) The quoter must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (MAY 2014), with its quote.(xi) The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items (MAY 2014), applies to this acquisition.(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (JUL 2014) applies to this acquisition.The following clauses under subparagraph (b) apply: (4), (8), (10), (14), (25), (28), (30), (31), (32), (33), (34), (42), (46) and (52). The following clauses under subparagraph (c) apply: (1), (2), (3)(xiii) The following additional clauses are also applicable to this acquisition: Department of Commerce Clauses: 1352.201-70 CONTRACTING OFFICER'S AUTHORITYThe 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.1352.209-73 COMPLIANCE WITH THE LAWS (APR 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 (APR 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 teshold. 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. 1352.216-77 CEILING PRICE (APR 2010)The ceiling price of this contract is (to be determined at the time of award). The contractor shall not make expenditures nor incur obligations in the performance of this contract which exceed the ceiling price specified herein, except at the contractor's own risk.(End of clause)The following additional terms and conditions apply: 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days of expiration.52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)(a) The Government may extend the term of this contract by written notice to the Contractor any time prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION) (JUNE 2014)This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, Implementation of the President's Executive Order Establishing a Minimum Wage for Contractors, dated June 12, 2014.(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between January 1, 2015, and December 31, 2015, shall be $10.10 per hour.(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order 13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of adjustment.(d) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute (formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked tough an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (AUG 2012)52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.(b) The use in this solicitation or contract of any clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.ASSURANCE BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2014)(1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated Appropriations Act, 2014, none of the funds made available by the Consolidated Appropriations Act, 2014 may be used to enter into a contract with any corporation that-(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.(2) By accepting this award or order, in writing or by performance, the offeror/contractor assures that-(a) The offeror/contractor is not a corporation convicted of a felony criminal violation under a Federal law within the preceding 24 months.(b) The offeror/contractor is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreements with the authority responsible for collecting the tax liability.The following provisions apply:1352.232-70 AGENCY PROTESTS(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 FR 16,651 (April 6, 1999).(b) Agency protests filed with the Contracting Officer shall be sent to the following address: National Marine Fisheries ServicePacific Islands Fisheries Science Center1845 Wasp Boulevard, Building 176Honolulu, HI 96818.(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:U.S. Department of CommerceOffice of Assistant General Counsel for Finance and LitigationContract Law DivisionHerbert C. Hoover Building 14th Street and Constitution Avenue NW, Room H5882Washington DC 20230FAX: (202) 482-5858(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 CounselChief, Contract Law Division, Room 5893Herbert C. Hoover Building 14th Street and Constitution Avenue, NWWashington, DC 20230. FAX: (202) 482-58581352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 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 CommerceOffice of the General Counsel Chief, Contract Law DivisionRoom 5893Herbert C. Hoover Building 14th Street and Constitution Avenue, NW.Washington, DC 20230FAX: (202) 482-58581352.270-70 PERIOD OF PERFORMANCE (APR 2010)(a) The base period of performance of this contract is from the date of award tough August 31, 2015. If an option is exercised, the period of performance shall be extended tough the end of that option period.(b) The option periods that may be exercised are as follows:Period Start date End dateOption I: September 1, 2015 - August 31, 2016Option II: September 1, 2016 - August 31, 2017Option III: September 1, 2017 - August 31, 2018Option IV: September 1, 2018 - August 31, 2019(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (CLASS DEVIATION) (MARCH 2014)(1) In accordance with Sections 536 and 537 of Division B of Public Law 113-76 Consolidated AppropriationsAct, 2014, none of the funds made available by the Consolidated Appropriations Act, 2014 funding may be used to enter into a contract with any corporation that-(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or(b) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.(2) The Offeror represents that, as of the date of this offer-(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(b) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreements with the authority responsible for collecting the tax liability.(xv) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.(xvi) Quotes are required to be received in the contracting office no later than 10:00 a.m. Hawaii-Aleutian Standard Time (HAST) on August 25, 2014.All quotes must be emailed to the attention of Stephanie.M.Garnett, Contracting Officer at: stephanie.m.garnett@noaa.gov.To be considered, firms must furnish detailed information concerning their capability to provide the required services. Such information shall include (at a minimum): company name, telephone number, address, DUNS number, email address, Standard Form 18, a price proposal and a technical proposal demonstrating the firm's capability to meet the specified requirements.All vendors doing business with the Government are required to be registered in the System for Award Management (SAM) database prior to award of a purchase order. Vendors may register with SAM by calling 1 (866) 606-8220.In order to be eligible to receive an award from this acquisition office, offerors must have a Dun & Bradstreet Number. A Dun & Bradstreet number may be acquired free of charge by contacting Dun & Bradstreet on-line at https://iupdate.dnb.com/iUpdate/companylookup.htm.(xvii) All questions pertaining to this requirement shall be submitted in writing to the attention of Contract Specialist listed above.
WE-133F-14-RQ-1075 Department of Commerce National Oceanic and Atmospheric Administration
8/18/14, 9:14 PM