AMENDMENT NOTICE: 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 140E0118Q0002 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 through Federal Acquisition Circular 2005-96. The associated North American Industrial Classification System (NAICS) code for this procurement is 811310 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 2018-01-10 13:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com. FOB Destination shall be New Orleans, LA 70123 The Bureau of Safety and Environmental Enforcement requires the following items, Meet or Exceed, to the following: Base Period of Performance: 02/01/2018 - 01/31/2019 LI 001: Quarterly Preventative Maintenance in accordance with Task 1 Statement of Work (Firm Fixed Price Line Item), 4, QTR; LI 002: Other Generator Repair/Maintenance - Any maintenance/repairs outside of the list of services required in preventative maintenance in Task 1 of the attached SOW. This is a Time & Materials Line Item with a Not-To-Exceed (NTE) Limit of $5,000. For Bidding Purposes, sellers should enter $5,000 in this line item as the bid price. Award will reflect $5,000 as a T&M NTE Limit, which will be used to pay for services requested outside of the quarterly preventative maintenance (if necessary). Sellers shall provide price list of labor categories and labor rates for any services for the generator not covered under preventative maintenance (Line Item 1, Task 1 of SOW)., 1, LOT; Option 1 Period of Performance: 02/01/2019 - 01/31/2020 LI 001: Quarterly Preventative Maintenance in accordance with Task 1 Statement of Work (Firm Fixed Price Line Item). Battery replacement should be included with this Option Year Price. There are two batteries on the generator, both will be replaced., 4, QTR; LI 002: Other Generator Repair/Maintenance - Any maintenance/repairs outside of the list of services required in preventative maintenance in Task 1 of the attached SOW. This is a Time & Materials Line Item with a Not-To-Exceed (NTE) Limit of $5,000. For Bidding Purposes, sellers should enter $5,000 in this line item. Award will reflect $5,000 as a T&M NTE Limit, which will be used to pay for services requested outside of the quarterly preventative maintenance (if necessary). Sellers shall provide price list of labor categories and labor rates for any services for the generator not covered under preventative maintenance (Line Item 1, Task 1 of SOW)., 1, LOT; Option 2 Period of Performance: 02/01/2020 - 01/31/2021 LI 001: Quarterly Preventative Maintenance in accordance with Task 1 Statement of Work (Firm Fixed Price Line Item), 4, QTR; LI 002: Other Generator Repair/Maintenance - Any maintenance/repairs outside of the list of services required in preventative maintenance in Task 1 of the attached SOW. This is a Time & Materials Line Item with a Not-To-Exceed (NTE) Limit of $5,000. For Bidding Purposes, sellers should enter $5,000 in this line item. Award will reflect $5,000 as a T&M NTE Limit, which will be used to pay for services requested outside of the quarterly preventative maintenance (if necessary). Sellers shall provide price list of labor categories and labor rates for any services for the generator not covered under preventative maintenance (Line Item 1, Task 1 of SOW)., 1, LOT; 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, Bureau of Safety and Environmental Enforcement 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. Bureau of Safety and Environmental Enforcement 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
[email protected]. 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
[email protected] of FedBid: Buyers and Sellers agree to conduct this transaction through 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. New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be "ACTIVE" at the time of award. 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 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (NOV 2017), paragraph (a) and the following clauses in paragraph (b): 52.219-6, 52.219-13, 52.222-3, 52.222-26, 52.222-21, 52.222-36, 52.222-50, 52.223-18, 52.222-26, 52.225-13, 52.232-33, 52.222-41, 52.222-43. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/. FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - by agreeing to this term, the offeror certifies that their Representation and Certifications are accurate as stated via the System for Award Management (SAM) website located at www.sam.gov/portal. Payment requests must be submitted electronically through the U.S. Department of theTreasury’s Invoice Processing Platform System (IPP). “Payment request� means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions- Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Documentation required by FAR 32.905(b) The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email
[email protected] or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. (a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work. (b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor’s performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment. (c) The COR is not authorized to perform, formally or informally, any of the following actions: (1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract; (2) Waive or agree to modification of the delivery schedule; (3) Make any final decision on any contract matter subject to the Disputes Clause; (4) Terminate, for any reason, the Contractor's right to proceed; (5) Obligate in any way, the payment of money by the Government. (d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph(e) of this clause. (e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes-clause-of this-contract. (f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR. (g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk. Section 508 of the Rehabilitation Act of 1973 (found at 29 U.S.C. 794d) requires access to and use of information by individuals with disabilities. A deliverable such as digital reports (ex: PDF files) to be placed on the web (either on the Agency’s web server or the company’s), video footage, or other digital data such as CD-ROMs to be distributed, are subject to Section 508 guidelines. PDF files need to be formatted so that they are “readable� by assistive technology devices such as screen readers. Video footage must be closed captioned. CD-ROMs. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov/far This FAR Clause is incorporated by reference (IBR) in accordance with FAR 52.252-2. All direct labor to be incurred under this task order is subject to the Service Contract Act hourly labor rates and fringe benefits contained in the U.S. Department of Labor Wage Determination. See attached wage determination for this request Wage Determination No. 2015-5189. Revision No. 7. https://www.wdol.gov/sca.aspx The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts used in performance of this contract. The Contractor’s management responsibilities shall include all the activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained herein. The Contractor shall provide a Project Manager (PM) to facilitate Government-Contractor communications. The PM shall be the primary technical and managerial interface between the Contractor and CO and COR. The Contractor’s Project Manager shall meet with the COR as necessary to maintain satisfactory performance and to resolve other issues pertaining to the contract. A mutual effort shall be made at these meetings to resolve any and all identified problems. Written minutes of the meetings shall be prepared by the Contractor and signed by the Contractor’s designated Project Manager. This contract is a “non-personal services contract� as defined in FAR 37.101 under which the personnel rendering the services are not subject, either by the order’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Personnel assigned to render services under this contract shall at all times be employees of the Contractor (or a subcontractor) and under the direction and control of the Contractor. Notwithstanding any other provisions of this order, the contractor shall at all times be responsible for the supervision of its employees in the performance of the services required hereunder. The Contractor and/or the Contractor’s employees: (1) shall perform the services specified herein as an independent contractor, not as employees of the government; (2) shall be responsible for management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract; (3) shall be free from supervision or control by any government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the government’s right and obligation to inspect, accept or reject the work, comply with such general direction of the CO, or the duly authorized representative of the CO, as is necessary to ensure accomplishment of the contract objectives. If the Contractor finds clarification necessary with respect to the scope of services to be performed or the manner in which the services are to be performed hereunder, the Contractor shall request clarification from the CO in writing. Employees of the Contractor (or a subcontractor) must make clear, in dealings with the public, federal employees, or other contractors, that they are not federal employees. To minimize possible confusion, the Contractor’s (or subcontractor) employees are not permitted to wear clothing or other items, apart from the official identity credential, bearing the name, logo, or seal of the Government agency while performing work under this contract. No release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this effort shall be made without the prior written approval of the CO. 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 15 calendar days. (a) The Government may extend the term of this contract by written notice to the Contractor prior to the end of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 20 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 three years and six months. (a) Definitions. “Inverted domestic corporation� and “subsidiary� have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that— (1) It is not an inverted domestic corporation; and (2) It is not a subsidiary of an inverted domestic corporation. This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/far This Provision is incorporated by reference in accordance with FAR 52.252-1. FAR 52.203-18 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements - Representation. This provision is incorporated by reference for this buy. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). The offeror represents that— It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; It □ has, □ has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) The Specifications, Statement of Work, or Statement of Objectives which describe the work to be performed hereunder, although attached, is incorporated and made a part of this document with the same force and effect of "specifications" as described in the clause, Order of Precedence, FAR 52.215-8 incorporated herein by reference. Seller shall have knowledge and experience working on Cummins generators the same or similar to the Cummins Model 500 DFEK in this solicitation. Award Criteria-An award will be made to a responsive offeror (who submits all required submissions on time), whose past performance does not pose a risk to the Government, and whose offer is the Lowest Price Technically Acceptable (LPTA). An offer is technically acceptable if its technical capabilities conform to the Government's Statement of Work and supportive that the company is a Cummins Authorized service provider. In order to determine past Performance is not a risk to the Government, the Government will review the past performance information forms submitted with the quotes to confirm the contractor has performed successfully on similar projects in the past three years. The Vendor shall provide information on two (2) previous Government contracts it performed recently (in-progress or completed within the last three years) that are relevant to the requirements of this solicitation. If the Vendor has not had three Government contracts within the last three years, it may submit information on relevant Government subcontracts and/or commercial contracts instead. Relevant past performance is performance which is similar in terms of size, scope and complexity to the requirements of this solicitation. Include a description of the project, project title, contract number, contract amount, client identification including agency or company name, contracting and technical reviewing official, address, telephone number, and email address. Vendor’s shall complete Attachment 1 Past performance references shall be provided at the time of bid submission or before the buy closes. Past performance references may be provided as an additional attachment. Sellers shall provide a price list labor rates and labor categories for any repairs or services not covered in Line Item 1 (Task 1 of the SOW) for preventative maintenance of the Cummins Generator. All prices shall be firm fixed price with discounts offered. If maintenance is required outside of the preventative maintenance it will be ordered on an as needed basis against line item 0002 based on the rates provided by the contractor selected from award.