SYNOPSIS/SOLICITATION: 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. NOTICE FOR FILING AGENCY PROTESTS: It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests(OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accounting Office(GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as an Alternative dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe that Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award or performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address below: Commandant (G-CPM-S/3), 2100 Second Street, SW, Washington, D.C. 20593, Telephone: (202) 267-2285, FAX: (202) 267-4011. The Request for Proposal number is HSCG89-05-R-6F9009 and incorporates provisions and clauses in effect through Federal Acquisition Circular 2001-27. This acquisition is 100% small business set-aside. The NAICS is 481112. The small business sized standard is 1,500 employees. The contract type will be a firm fixed price contract. The Government proposes to solicit offers for the following services and quantities: DESCRIPTION OF SERVICE: The Contractor shall re-fuel Juneau, Alaska mountain top high sites with propane. This is a high priority U.S. Coast Guard search and rescue system that must be kept operational at all times to protect property and lives. This National Voice Distress System Radio sites to be fueled are remote sites that are only accessible by helicopter. There is no road access to any of these sites and the weather conditions can vary considerably in any season. Typical transportation of propane to these sites usually includes the use of a barge and/or helicopter. Normally full pickle barrels are transported by barge to a location near the site and then slung to the mountaintop by a helicopter rated for that load carrying capacity. A fuel mechanic will then remove the barrel from the sling and transfer the propane to the 500 Gallon propane tanks. This process is repeated until all tanks at a site are at maximum capacity or fuel gauge reads between 80-85%. A typical tank is filled to maximum capacity between 80-85%. Fuel quantity estimate is conservative and already adjusted for the seasonal temperature changes and altitude. All sites should be filled to capacity, if fuel is delivered within required timeframes. The contractor shall provide for all services, materials and equipment, personnel, transportation and propane. Contractor shall record and document actual gallons of propane delivered to each site and tank gauge level percentages after filling. All documentation will be delivered to the Contracting Officer Technical Representative within one week of work completion. PROPANE REFUELING CONTRACT LINE ITEM NUMBER (CLIN): CLIN 0002 JUNEAU AOR; Robert Barron - 0 gallons; Duke Island – 1,400 gallons; Sukkwan Island - 1,100 gallons; Cape Fanshaw - 800 gallons; Zarembo Island - 600 gallons; Mt. Mac Arther - 800 gallons; Althorp Peak - 1,700 gallons. Total Quantity 6,400 gallons. Total Price for this CLIN: ___________. DELIVERY START/COMPLETION DATES: The contractor shall refuel all sites within the dates indicated below. CLIN 0002 Juneau: Earliest Delivery Date: 1 July 2005 - Latest Delivery Date: 1 September 2005. AWARD: This purchase will be based on the following criteria: Past performance and price will be evaluated. All evaluation factors other than price, when combined, are approximately equal to price. Offerors are cautioned that the government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the best terms from a price and technical standpoint. CLAUSES: The following FAR provisions apply to this acquisition: FAR 52.212-1 Instruction to Offers Commercial Items, FAR 52.212-2 Evaluation-Commercial Items, FAR 52.212-3 Offeror Representations and Certifications and Certifications Commercial Items, all offerors are to include with their offer a completed copy of the Representatives and Certifications. FAR 52.212-4, Contract Terms and Conditions Commerical Item. (p) Limitation of Liability, is revised to read: LIABILITY a. The Contractor shall be liable for and shall at all times defend, indemnify and hold harmless the Government, its officers, enlisted personnel, agents and employees from and against any all loss, damage or injury, including property damage, personal injury and death, which may be sustained by any person or persons, whether they be employees, agents, or representatives of the parties hereto, or third persons, as a result of the Contractor’s performance of this contract. The Contractor also shall be liable for and shall at all times defend, indemnify and hold harmless the Government, is officers, enlisted personnel, agents and employees from and against any and all public or private environmental claims or liabilities shall include but not be limited to civil and criminal penalties, natural resource damages, response costs, cleanup and remediation, damage to Government and third party property, and any other third party liability. b. In the event any such claim or demand is made upon the Government, its officers, enlisted personnel, agents or employees, or in the event any suit therefore is instituted, the Government shall give immediate notice of such claim or suit to the Contractor and will refrain from any payment or demand with respect to such claim or suit without first allowing the Contractor a reasonable opportunity to resolve the claim. The Contractor’s liability under this clause shall include reimbursement to the Government, its officers, enlisted personnel, agents and employees for any judgments, payments or litigation expenses occasioned to them in connection with claims, demands or suits of which notice has been given by the Government. c. The Contractor releases the Government, its officers, enlisted personnel, agents and employees from any liability for any loss, damage or injury, which may be sustained by the Contractor in the performance of this contract. d. Notwithstanding any other provisions of this clause, the Contractor shall not be liable for or required to defend, indemnify, hold harmless or release the Government, its officers, enlisted personnel, agents and employees for any judgment, payments or expenses arising out of and to the extent of the gross negligence, willful misconduct or criminal acts of the Government, its officers, enlisted personnel, agents or employees. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE.(FEB1998) 1. FAR 52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997) THE FOLLOWING HOMELAND SECURITY ACQUISITION REGULATION CLAUSES ARE INCORPORATED BY REFERENCE: CLAUSE TITLE 3052.228-70 INSURANCE (DEC 2003) 3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EX- PATRIATES (DEC 2003). The following clauses cited in FAR 52.212-5 are applicable to this acquisition; FAR 52.203-6 Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 2553g and 10 U.S.C. 2402); FAR 52.219-8 Utilization of Commercial Items. U.S. Small Business Concerns (15 U.S.C. 637(d)(2) AND (3)); FAR 52.219-6 Notice of Total Small Business Set-Aside (JUNE 2003)(15 U.S.C. 644); FAR 52.22-3 Convict Labor (E.O. 11755); FAR 52.222-21, Prohibition of Segregated Facilities; FAR 52.222-26, Equal Opportunity (E.O. 11246); FAR 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and other Eligible Veterans (38 U.S.C. 4212); FAR 52.222-36 Affirmative Action for Workers with Disabilities (29 U.S.C. 793); FAR 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (38 U.S.C. 4212); FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (31 U.S.C. 3332); FAR 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (E.O. 13201); FAR 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.); FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 AND 41 U.S.C. 351, et seq.) (Vessel Operator $24.76, Deckhand $14.40 and fuel Distribution System Mechanic $26.21 hourly rates). The Department of Labor Wage Determination No. 1994-2017 Revision No. 28 applies. The full text of any clauses reference above are available from the Contracting Officer or may be accessed electronically at: http://www.arnet.gov/far and http://www.dhs.gov/interweb/assetlibrary/DHS_HSAR_DEC_2003.pdf ADDENDA FAR 52.212-1 INSTRUCTION TO OFFERORS - COMMERCIAL ITEMS (JAN 2004): OFFER SUBMITTALS: Offers may be submitted either by mail, facsimile or e-mail. If mailing, send to: Commander, Maintenance and Logistics Command Pacific (fcp-2), Bldg. 54, Coast Guard Island, Alameda, California 94501-5100, Attn: Mary Myers. If by facsimile to: (510) 437-3014; if by e-mail to
[email protected]. Offeror’s must provide as a minimum: (1) solicitation number; (2) Company’s name and address, a point of contact, telephone number; (3) price and any discount terms; (4) Representatives and Certifications (5) Past Performance information. All offers submitted must have a signature in order to be acceptable. SPECIAL NOTE: FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) The Government will award one firm-fixed price contract resulting from this synopsis/solicitation to the responsible offeror whose offer conforming to the solicitation will be more advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Price and Past Performance. 1) Price: The total price will be the evaluated in accordance with FAR 15.404-1(b). 2) Past Performance: Will be evaluated on the quality of previous experience and the relevance of previous experience. The offeror is required to identify past or current contracts for efforts similar to all services relevant to this Propane Refueling requirement. Offerors are to submit three (3) relevant references. Provide as a minimum the following applicable information: Contract number, type of service involved, contract type (fixed price, time & material), total dollar amount, procuring activity or firm’s complete name, include addresses, telephone numbers and the point of contact. Past Performance will look at relevant experience, responsiveness, resources, quality and consistency of services, competence – customer satisfaction, management – adequate oversight. Relevance is specific experience with coordinating scheduling, and performing propane refueling by helicopter on remote mountaintops in the Alaska using 100 gallon Pickle Barrels. 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. RESPONSE TIME: Offerors are to submit their proposals not later than 1 P.M. Pacific Coast Standard Day Light Savings Time by the Response Date: 25 April 2005.