Solicitation No. AG-6215-S-11-0004 - West Area.pdf

Natural Resources Conservation Service (NRCS) Alabama Solicitation No. AG-6215-S-11-0004

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 number AG-6215-S-11-0004 is being issued as a Request for Proposal (RFP).

Responses are due by 2:00 p.m. Central Standard Time, January 31, 2011, at USDA-NRCS (Attn:

Crystal Blackburn), 3381 Skyway Drive, Auburn, Alabama 36830. PROPOSALS SUBMITTED VIA

FACSIMILE OR E-MAIL WILL NOT BE ACCEPTED.

Contact Crystal Blackburn, Contract Specialist, via telephone at (334) 887-4543 or by e-mail at crystal.blackburn@al.usda.gov for information regarding the solicitation.

This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-46. The Federal Acquisition Regulation (FAR) and Agriculture Acquisition Regulation (AGAR) clauses and provisions referenced in this solicitation can be found respectively in full text format at http://www.arnet.gov/far and http://www.da.usda.gov/procurement/policy/agar_x/agar04.pdf.

This acquisition is set-aside for Small Businesses. The North American Industry Classification System (NAICS) Code is 541191. The small business size standard is $7 million.

The Government anticipates this solicitation will result in the award of a Firm Fixed Price Indefinite Quantity Indefinite Delivery Contract with one Option Year. The estimated commencement date of the contract is February 28, 2011.

Offerors must submit a proposal for the following line items:

Item No. Description Unit Proposed Price 1 Preliminary Title Search – Base Year Per

Easement

2 Title Insurance Commitment – Base Year

Per

3 Closing Services – Base Year Per

4 Preliminary Title Search – Option

5 Title Insurance Commitment – Option

6 Closing Services – Option Year Per

Work will be performed for easement acquisitions in the following Alabama counties: Pickens, Sumter, Greene, Hale, Perry, Marengo, Dallas, Choctaw, Wilcox, Washington, Clarke, Monroe, Conecuh, Mobile, Baldwin and Escambia.

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Estimated quantities: 10 units of each item. No guaranteed minimum. Prices should include all services associated with a single easement acquisition, including multiple title strings, if applicable.

See attached Scope of Work (Attachment 1) for a detailed description of services. Attachment 1, Scope of Work, and Attachment 2a-2d, Service Contract Act Wage Determinations, are incorporated and made a part of this Solicitation.

The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.

The provision at FAR 52.212-2, Evaluation – Commercial Items, applies to this acquisition.

(a) The Government will award a contract resulting from this solicitation to the responsible offeror(s) whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

(b) The Evaluation factors are listed in order of importance and all factors other than price when combined are more important than price. The overall evaluation criteria of the Contractors’ proposals are provided below.

(c) 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).

(d) 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 following factors shall be used to evaluate offers:

FACTOR 1 – Technical Capability

Instructions to Contractor - Submit a well defined approach to successfully accomplish the work described in the statement of work. Define how work will be accomplished. Explain the makeup of the teams including supervisors and include the resumes of key personnel.

Evaluation Criteria - The technical capability will be evaluated to determine whether the offeror possesses the ability to provide the technical services required by this solicitation. To be considered technically acceptable the offeror must demonstrate a clear understanding of all requirements and demonstrate that as a contractor it has technical expertise in conducting preliminary title searches, insurance commitments and closing services. Knowledge of federal government easement program requirements and procedures will receive additional weight.

FACTOR 2 – Compliance/ Capacity, Management Capability, Previous Experience and Past Performance

Instructions to offeror: Include a full listing of all current contractual commitments as well as descriptions of similar project experience in Alabama and/or surrounding states for the past 5 years, demonstrating the ability to comply with the terms and conditions of the contract and capacity to meet production deadlines and schedules. Additionally, describe, and support with examples, the quality and timeliness of performance under previous contracts. Include a minimum of 5 references with the following information: (a) Company/Government Name, (b) complete address, (c) point of contact, (d) telephone/fax number, (e) contract number, (f) contract type, (g) contract amount at award, (h) contract amount at completion, (i) brief description of work provided.

Evaluation Criteria: Offerors will be evaluated on the ability to comply with the terms and conditions of the contract and the ability to meet schedules and deadlines relative to production quantity. Areas of consideration will include: having adequate qualified personnel and the managerial expertise required to meet the contract requirements. Additionally, offerors will be evaluated on reported types and levels of past experience in Alabama or surrounding states that relate to the project. The offeror’s similar experience will also be evaluated based on demonstrated commitment to customer satisfaction and timely delivery of quality services. (Note: NRCS Alabama is soliciting three contracts for similar services in varying geographic regions of the state. Should offerors submit proposals for multiple geographic regions, NRCS will take into consideration the impact an award for one region will have on capacity in evaluating proposals for the other contracts.)

FACTOR 3 – Price (Base + Option years)

Instructions to Offeror: Offeror should complete prices in the table on page 1.

Evaluation Criteria – To evaluate offers for award purposes, the Government will apply the offeror's proposed fixed-prices/rates to the estimated quantities included in the solicitation These prices will be evaluated to determine reasonableness of the price. A comparison of the proposed prices, government estimate, and/or market values will be used. Offerors are put on notice that any proposals that are unrealistic in terms of technical commitment or unrealistically low in price will be deemed reflective of an inherent lack of technical competence or indicative of failure to comprehend the complexity of contract requirements and may be grounds for rejection of the proposal.

The clause at 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition, and the following FAR clauses cited in that clause are applicable to this acquisition: 52.203-6; 52.203-13; 52.219-6, 52.219-8; 52.219-14;

52.219-28; 52.222-3; 52.222-19; 52.222-21; 52.222-26; 52.222-35; 52.222-36; 52.222-37; 52.222-39;

52-222-54; 52.225-13; 52.232-33.

The following FAR clauses/provisions apply to this solicitation:

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued for a base period of one year from contract award and during any exercised option period.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract.

In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued by facsimile or by electronic commerce methods.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $250 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $50,000;

(2) Any order for a combination of items in excess of $50,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract http://www.arnet.gov/far/current/html/52_216.html#wp1115057� shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after 60 days following expiration or termination of the contract term or the term of any exercised option.

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 30 calendar days before the contract expires.

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 within thirty; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least sixty 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 five years.

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 Fringe Benefits

Legal Instrument Examiner, GS-0963-07 $18.59/hour 8.79/hour

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT – PRICE

ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009)

(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements.

(b) The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(c) The wage determination, issued under the Service Contract Act of 1965, as amended, (41 U.S.C. 351, et seq.), by the Administrator, Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, current on the anniversary date of a http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2+3++%285%29%20%20AND� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2+3++%285%29%20%20AND� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2+3++%285%29%20%20AND� http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20� multiple year contract or the beginning of each renewal option period, shall apply to this contract. If no such determination has been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract.

(d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect the Contractor’s actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of:

(1) The Department of Labor wage determination applicable on the anniversary date of the multiple year contract, or at the beginning of the renewal option period. For example, the prior year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is $.40 per hour;

(2) An increased or decreased wage determination otherwise applied to the contract by operation of law; or

(3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract, affects the minimum wage, and becomes applicable to this contract under law.

(e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph (d) of this clause, and the accompanying increases or decreases in social security and unemployment taxes and workers’ compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit.

(f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any decrease under this clause, but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law. The notice shall contain a statement of the amount claimed and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), and any relevant supporting data, including payroll records, that the Contracting Officer may reasonably require. Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates shall be modified in writing. The Contractor shall continue performance pending agreement on or determination of any such adjustment and its effective date.

(g) The Contracting Officer or an authorized representative shall have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor until the expiration of 3 years after final payment under the contract.

The following FAR Clauses apply to this solicitation and are incorporated by reference:

52.245-1 GOVERNMENT PROPERTY JUNE 2007

52.249-9 USE AND CHARGES JUNE 2007

52.222-41 SERVICE CONTRACT ACT OF 1965 NOV 2007

AS AMENDED

The Following Agriculture Acquisition Regulations (AGAR) apply to this solicitation:

452.211-74 PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from the date of contract award through February 28, 2012. In the event all Options are exercised, the contract will extend through February 28, 2013.

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452.216-72 EVALUATION QUANTITIES--INDEFINITE DELIVERY CONTRACT (FEB 1988)

To evaluate offers for award purposes, the Government will apply the offeror's proposed fixed-prices/rates to the estimated quantities included in the solicitation, and will add other direct costs if applicable.

452.216-73 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $0, but not in excess of $100,000.

452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means -

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential.

Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

452.237-75 RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract. Work that, in the opinion of the CO, does not meet data quality standards will be returned to the Contractor for correction.

Inconsistencies/edits may be reviewed, resolved and approved via communications.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)