Excavator Equipment Rental

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; quotes are being requested and a written solicitation will not be issued. The solicitation is being issued as a Request for Quote (RFQ); solicitation number is H92244-11-T-0019. A firm fixed price contract is contemplated. In this solicitation document, the incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-46 effective 29 October 2010. North American Industrial Classification Code (NAICS) 333120 with a standard business size of 500 Employees applies to this procurement. This procurement is set-aside for small business concerns. The DPAS rating for this procurement is DO-09. All responsible sources may submit a quote which shall be considered by the agency. This procurement is a brand name or equal, if quoting equal please submit specifications with your quote. The government may award multiple contracts as a result of this combined synopsis/solicitation if it is determined to be in the best interest of the government. The contractor shall provide a proposal using the attached bid schedule in Section B. Section B Schedule of Supplies and Services CLIN 0001, Description: Delivery Charges. The contractor shall deliver the requested equipment in accordance with the attached SOW to the government's location (as specified below). CLIN 0002, Description: Equipment Rental. The contractor shall provide the lease of heavy equipment as described in the SOW for the period of 29 November 2010 through 24 January 2011. CLIN 0003, Description: Pick up Charges. The contractor shall pickup the leased equipment at the end of the lease period in accordance with the attached SOW. (as specified below). OPTION CLIN 1001, Description: Delivery Charges. The contractor shall deliver the requested equipment in accordance with the attached SOW to the government's location (as specified below). FUNDS ARE NOT CURRENTLY AVAILABLE FOR THIS CLIN AND ARE SUBJECT TO FAR 52.232-18 -- Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. OPTION CLIN 1002, Description: Equipment Rental. The contractor shall provide the lease of heavy equipment as described in the SOW for the period of 1 month TBD in 2011. FUNDS ARE NOT CURRENTLY AVAILABLE FOR THIS CLIN AND ARE SUBJECT TO FAR 52.232-18 -- Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. OPTION CLIN 1003, Description: Pick up Charges. The contractor shall pickup the leased equipment at the end of the lease period in accordance with the attached SOW. (as specified below). FUNDS ARE NOT CURRENTLY AVAILABLE FOR THIS CLIN AND ARE SUBJECT TO FAR 52.232-18 -- Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. OPTION CLIN 2001, Description: Delivery Charges. The contractor shall deliver the requested equipment in accordance with the attached SOW to the government's location (as specified below). FUNDS ARE NOT CURRENTLY AVAILABLE FOR THIS CLIN AND ARE SUBJECT TO FAR 52.232-18 -- Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. OPTION CLIN 2002, Description: Equipment Rental. The contractor shall provide the lease of heavy equipment as described in the SOW for the period of 1 month TBD in 2011. FUNDS ARE NOT CURRENTLY AVAILABLE FOR THIS CLIN AND ARE SUBJECT TO FAR 52.232-18 -- Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. OPTION CLIN 2003, Description: Pick up Charges. The contractor shall pickup the leased equipment at the end of the lease period in accordance with the attached SOW. (as specified below). FUNDS ARE NOT CURRENTLY AVAILABLE FOR THIS CLIN AND ARE SUBJECT TO FAR 52.232-18 -- Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. Statement of Work This requirement is the lease of heavy equipment that includes an excavator with bucket, hammer, and concrete pulverizer. The contractor shall lease, deliver, and provide any maintenance as necessary and pick-up all of the equipment to include the excavator with bucket and hammer, concrete pulverizer attachment for the excavator. The excavator shall be brand name or equal to a Doosan DX340LC Hydraulic Excavator with bucket and hammer, if quoting equal to please include specifications with you quotation. The excavator shall also be capable of operating the concrete pulverizer specified in this statement of work. The excavator shall be capable of the following: Digging depth of 24 feet, bucket reach of 36 feet, bucket capacity of 2.3 cubic yards, bucket digging force of 47,840 pounds, minimum dump height no greater than 9 feet, maximum dump height no less than 23 feet, excavator weight 65,000 - 88,000 pounds, enclosed and air conditioned cab. The concrete pulverizer shall be brand name or equal to a LaBounty CP80, if quoting equal to please include specifications with you quotation. The concrete pulverizer shall be capable of the following: three upper and four lower teeth, operate an excavator with a weight range of 65,000 - 88,000 pounds, tip to tip jaw opening of 42 inches, standard back jaw width of 32.5 inches, standard jaw depth (tip to throat) of 29 inches. The following provisions and clauses are incorporated into the RFP: CLAUSES INCORPORATED BY REFERENCE: FAR 52.202-1 Definitions Jul-04 FAR 52.203-3 Gratuities Apr-84 FAR 52.203-6 Restrictions On Subcontractor Sales To The Government - Alt I (Oct-1995) Sep-06 FAR 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity Jan-97 FAR 52.204-7 Central Contractor Registration Apr-08 FAR 52.209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. Sep-06 FAR 52.211-6 Brand Name or Equal Aug-99 FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use Apr-08 FAR 52.212-1 Instructions to Offerors -- Commercial Items Jun-08 FAR 52.212-4 Contract Terms and Conditions--Commercial Items Mar-09 FAR 52.217-5 Evaluation of Options Jul-90 FAR 52.222-3 Convict Labor Jun-03 FAR 52.222-18 Contractor Policy to Ban Text Messaging While Driving Sep-10 FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies Aug-09 FAR 52.222-21 Prohibition Of Segregated Facilities Feb-99 FAR 52.222-26 Equal Opportunity Mar-07 FAR 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans Sep-10 FAR 52.222-36 Affirmative Action For Workers With Disabilities Oct-10 FAR 52.222-37 Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans Sep-10 FAR 52.222-50 Combating Trafficking of Persons Feb-09 FAR 52.223-18 Contractor Policy to Ban Text Messaging While Driving Sep-10 FAR 52.225-13 Restrictions on Certain Foreign Purchases Jun-08 FAR 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification Sep-10 FAR 52.227-1 Authorization and Consent Dec-07 FAR 52.232-9 Limitation On Withholding Of Payments Apr-84 FAR 52.232-15 Progress Payments Not Included Apr-84 FAR 52.232-18 Availability of Funds Apr-84 FAR 52.232-23 Assignment of Claims Jan-86 FAR 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration Oct-03 FAR 52.233-1 Disputes Jul-02 FAR 52.233-1 Alt I Disputes Dec-91 FAR 52.233-3 Protest After Award Aug-96 FAR 52.233-4 Applicable Law for Breach of Contract Claim Oct-04 FAR 52.237-1 Site Visit Apr-84 FAR 52.242-13 Bankruptcy Jul-95 FAR 52.242-15 Stop-Work Order Aug-89 FAR 52.243-1 Alt I Changes -- Fixed-Price Alt I Apr-84 FAR 52.245-1 Government Property Aug-10 FAR 52.245-2 Government Property Installation Operation Services Aug-10 FAR 52.246-25 Limitation of Liability - Services Feb-97 FAR 52.249-8 Default (Fixed-Price Supply & Service) Apr-84 DFARS 252.204-7000 DISCLOSURE OF INFORMATION Dec-91 DFARS 252.204-7003 Control Of Government Personnel Work Product Apr-92 DFARS 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A Sep-07 DFARS 252.209-7002 Disclosure of Ownership or Control by a Foreign Government. Jun-10 DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country Dec-06 DFARS 252.211-7003 Alt I Item Identification and Valuation Alt I Aug-08 DFARS 252.225-7000 Buy American Act--Balance of Payments Program Certificate Dec-09 DFARS 252.225-7001 Buy American Act And Balance Of Payments Program Jan-09 DFARS 252.225-7002 Qualifying Country Sources as Subcontractors Apr-03 DFARS 252.232-7010 Levies on Contract Payments Dec-06 DFARS 252.247-7023 ALT III Transportation of Supplies by Sea ALT III May-02 SOFARS 5652.204-9003 Disclosure of Unclassified Information (2007) Section H SOFARS 5652.204-9004 Foreign Persons (2006) Section K SOFARS 5652.237-9000 Contractor Personnel Changes (1998) Section I FAR 52.219-6 Notice Of Total Small Business Set-Aside Jun-03 FAR 52.219-8 Utilization of Small Business Concerns May-04 FAR 52.219-28 Post-Award Small Business Program Representation Apr-09 CLAUSES INCORPORATED BY FULL TEXT: Please note that due to the character limitations in FedBizOpps, full text of the Federal Acquisition Regulation (FAR) can be accessed on the Internet at http://www.farsite.hill.af.mil All FAR representations and certifications shall be submitted through Online Representations and Certifications Application (ORCA) at https://orca.bpn.gov. FAR 52.212-2 Evaluation -- Commercial Items Jan-99 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS Oct-10 FAR 52.212-3 Alt I OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS - Alt I Aug-07 FAR 52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Deviation) Oct-10 FAR 52.217-8 Option to Extend Services Nov-99 FAR 52.217-9 Option to Extend the Term of the Contract. Mar-00 FAR 52.222-22 Previous Contracts and Compliance Reports Feb-99 FAR 52.222-25 Affirmative Action Compliance Apr-84 FAR 52.222-41 Service Contract Act of 1965 Nov-07 FAR 52.222-42 Statement of Equivalent Hires for Federal Hires May-89 FAR 52.252-1 Solicitation Provisions Incorporated by Reference. Feb-98 FAR 52.252.2 Clauses Incorporated By Reference Feb-98 FAR 52.252-3 Alterations in Solicitation Apr-84 FAR 52.252-5 Authorized Deviations in Provisions Apr-84 FAR 52.252-6 Authorized Deviations in Clauses Apr-84 FAR 52.253-1 Computer Generated Forms Jan-91 DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items Oct-10 SOFARS 5652.201-9002 Authorized Changes Only by Contracting Officer (2005) Section I SOFARS 5652.215-9016 Technical and Contractual Questions Concerning This Solicitation (2000) Section L SOFARS 5652.228-9000 Required Insurance (2003) Section G SOFARS 5652.232-9003 Paying Office Instructions (2005) Section G SOFARS 5652-232-9004 Distribution of Vouchers/Invoices (2009) Section G SOFARS 5652.233-9000 Independent Review of Agency Protests (2009) Section I 9/1/2010 SOFARS 5652.233-9000 Independent Review of Agency Protests (2009) Section I ALT I 9/1/2010 SOFARS 5652.237-9001 Key Personnel Requirements (2003) Section I LOCAL The Government will not sign any release forms, as Government liability is governed by the contract and applicable Federal law and regulation. LOCAL The vendor will be required to submit monthly reports detailing maintenance performed with each invoice. FAR 52.209-1 Qualification Requirements (FEB 1995) FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible 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: price, technical capability to meet the government's requirement and delivery. (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. SOFARS 5652.201-9002 AUTHORIZED CHANGES ONLY BY CONTRACTING OFFICER (JAN 2005) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor's facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. . The address and telephone number of the Contracting Officer is Leigh Walker, telephone (757) 893-2713. All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent via email to Kenneth Brumfiel. Questions will be accepted until November 11, 2010 @ 08:00 AM and posted later that day. The offeror agrees to hold the prices in its quote firm for the calendar year 2011. Only complete quotes will be considered for award. Offerors must scrutinize this solicitation and ensure their proposals and submissions comply with all requirements. It is not sufficient to merely state your proposal complies with the solicitation requirements. You must clearly identify how your proposal meets ALL of the solicitation requirements. Point of contact for this procurement is Kenneth Brumfiel at [email protected]. All responsible sources may submit a quote, which shall be considered by NSWDG. Quotes must be received by Kenneth Brumfiel by email at [email protected] , phone: (757) 893-2716, fax at (757) 893-2957 or U.S. Postal mail addressed to NSWDG, Attn: Kenneth Brumfiel (Contracts/N7), 1636 Regulus Avenue, Virginia Beach, Virginia 23461-2299 no later than 8:00 a.m. Eastern Standard Time (EST) on 15 November 2010.