MODIFICATION
R -- Docketing, Tracking, Payment and Reporting of Annuities related to Foreign Patents
- Notice Date
- 2/1/2006
- Notice Type
- Modification
- NAICS
- 541110
— Offices of Lawyers
- Contracting Office
- Department of Agriculture, Agricultural Research Service, Acquisition and Property Division, Acquisition Branch (MD), 5601 Sunnyside Avenue, Building 3, Mailstop: 5116, Beltsville, MD, 20705
- ZIP Code
- 20705
- Solicitation Number
- 063K06007
- Response Due
- 3/9/2006
- Description
- 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 is a Request For Proposals (RFP). This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation (RFP 06-3K06-007) is hereby issued as a request for proposal (RFP). A sources sought was posted for this requirement under number 05-3K06-083 and is replaced with RFP 06-3K06-007. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-08. This solicitation is being issued as full and open competition. The applicable NAICS code is 541110 and size standard for this requirement is $6 Million. All responsible sources may submit a proposal which will be considered by the agency. Amendment 2 includes: Evaluation Procedures, Reps and Certs, Clauses and other contract terms and conditions. 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999). As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: 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: (1) Evaluation Criteria: The Government will evaluate the degree to which the proposal demonstrates the Offeror's ability to thoroughly and efficiently meet the requirements set forth in Attachment I, Statement of Work, and the degree to which the proposal demonstrates the Offeror's understanding of the Government's needs. a. FACTOR 1-Technical Approach - An established computerized docketing, tracking, and payment system is a requirement. Offerors must have the ability to implement and execute a computerized docketing, tracking, and payment system with the capabilities to calculate and administer different country-by-country patent regulations in regards to the payment of annuities, taxes, and maintenance fees. This also includes knowledge of and the ability to comply with applicable laws and legal authorities of the country in which the taxes, annuity payment or work is being performed. Safeguards in place to verify data accuracy and ensure no annuities are missed are a requirement. 50 Points. b. FACTOR 2-Past Performance - This information will be used to determine risk to performance. Offerors who already perform services in docketing, tracking and payment of annuities will be given preference. 50 Points. c. FACTOR 3-Price - Will be evaluated for reasonableness and realism. While price will not be point scored, it is important and will be considered in the award decision. (1)Reasonableness: Competition will be used to determine price reasonableness. If adequate price competition does not exist, reasonableness will be evaluated by assessing the acceptability of the offeror?s methodology used in developing the price. (2) Price Realism. The Government will perform a price realism analysis to determine if the prices in an offerors proposal are (a) realistic for the work to be performed; (b) reflect a clear understanding of the requirements; and (c) are consistent with the various elements of the offeror?s technical proposal. Any significant inconsistency, whether real or apparent, between promised performance, and price, if unexplained, raises a fundamental issue of the offeror?s understanding of the nature and scope of the work required and financial ability/responsibility to perform the contract. TOTAL POINTS: 100. (2) RISK ASSESSMENT: An overall assessment of risk will be made for all factors combined, and the price to perform the requirements of the resultant contract. An assessment of risk will be made as to the probability of meeting the requirement successfully, utilizing the offeror?s technical and price approach. Risk will be assessed in terms of High, Medium and Low. The following rating method shall be used in the evaluation of the Risk Assessment: High ? Likely to cause serious disruption of schedule, successful monitoring of patent annuities or performance, price or degradation of quality of service even with special efforts during contract administration. Medium ? Can potentially cause some disruption of schedule, successful monitoring of patent annuities or performance, price, or degradation of quality of service, however special effort during contract administration may be able to overcome difficulties. Low ? Has little potential to cause disruption of schedule, successful monitoring of patent annuities or performance, price or degradation of quality. Normal contract administration will probably be able to overcome minor difficulties. Factors number 1 and 2 above are of equal importance. Factor 3 will not be point scored, however, it is important and will be considered in the award decision. The award will be based on the best value to the government. (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. 52.212-3 OFFERORS REPRESENTATIVES AND CERTIFICATIONS ? COMMERICAL ITEM ON-LINE REPRESENTATION AND CERTIFICATIONS (ORCA) (MAR 2005): Vendors are directed to complete all representations and certifications on-line by registering with the Business Partner Network at http://www.bpn.gov. Vendors who do not have access to the Internet or feel they need additional Internet help should contact the Contracting Officer issuing this solicitation. ORGANIZATIONAL CONFLICT OF INTEREST: a. The Contractor warrants that, to the best of the Contractor?s knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information. b. The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions that the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict. AUTHORIZED NEGOTIATORS: The Offeror shall identify those persons authorized to negotiate under the resultant contract. Provide names, titles, signatures and date. FAR 52.212-4 CONTRACT TERMS AND CONDITIONS ? COMMERCIAL ITEMS ?(SEPT 2005) Additional Provisions and Clauses: FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (APR 1991), FAR 52.203-12 Limitation on Payment to Influence Certain Federal Transactions (JUNE 2003), FAR 52.204-7 Central Contractor Registration (OCT 2003), FAR Evaluation of Options (JULY 1990), FAR 52.227-14 Rights in Data ? General (JUNE 1987), FAR 52.232-19 Availability of Funds for The Next Fiscal Year (APR 1984), FAR 52.232-33 Payment by Electronic Funds Transfer (OCT 2003), FAR 52.242-15 Stop-Work Order (Aug 1989), FAR 52.242-17 Government Delay of Work (Apr 1984), FAR 52.243-1 Changes?Fixed-Price (Aug 1987) with Alternate II, FAR 52.246-4 Inspection of Services Fixed Price (AUG 1996), FAR 52.247-34 F.O.B. Destination (NOV 1991). INVOICE PREPARATION - The contractor shall submit monthly one original and one copy of the invoice to the Contract Administrator with one courtesy copy to the Contracting Officer?s Representative (COR). Invoices submitted via email are authorized. The Contractor shall include the following information to comply with the proper invoice submission procedures pursuant to FAR 32.9: i. Name and address of Contractor Note: USDA/FFIS Vendor Identification Number (VID#) must be included on the 2nd line of the vendor?s street address. ii. Invoice Number and Date iii. Contract or Task Order Number iv. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed v. Shipping and payment terms (Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading) vi. Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment) vii Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice viii .Taxpayer Identification Number (TIN) ix. Electronic funds transfer (EFT) banking information x. Name, title, and phone number of official authorized to submit invoices xi. Invoice amount, in accordance with the price schedule. xii. Vendor Express Number (VXP) xiii. A unique invoice number that may be referenced in payment records and order queries PROGRESS REPORTING (FEB 1988) - The Contractor shall submit a progress report by the 10th of each month covering work accomplished during the preceding period of contract performance. One original report shall be submitted to each Contracting Officer?s Representative and the Contracting Officer. The progress report shall be brief and factual and shall be prepared in accordance with the prescribed format: ORDERING PROCEDURES - Oral instructions from the COR or COTR for services will constitute an ?Order?and are authorized. The oral order will be confirmed in writing with one (1) copy to the Contractor, and one (1) copy to the CO. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS ? COMMERCIAL ITEMS (JAN 2005) APPLICABLE CLAUSES: AGAR 452.216-74 Ceiling Price (FEB 1988), AGAR 452.224-70 Confidentially of Information (FEB 1988), AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988), AGAR 452.246-70 Inspection and Acceptance (FEB 1988), AGAR 452.247-70 Delivery Location (Feb 1988), 52.217-8 Option to Extend Services (Nov 1999), 52.217-9 Option to Extend the Term of the Contract (Mar 2000), 52.203-6, Restrictions on Subcontractor Sales to the Government (Jul 1995), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402)., 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)), 52.222-3, Convict Labor (June 2003) (E.O. 11755), 52.222-19, Child Labor?Cooperation with Authorities and Remedies (June 2004) (E.O. 13126), 52.222-21, Prohibition of Segregated Facilities (Feb 1999), 52.222-26, Equal Opportunity (Apr 2002) (E.O. 11246), 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212), 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793), 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Dec 2001) (38 U.S.C. 4212), 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). 52.225-13, Restrictions on Certain Foreign Purchases (Dec 2003) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury), 52.232-33, Payment by Electronic Funds Transfer?Central Contractor Registration (Oct 2003) (31 U.S.C. 3332),52.222-41, Service Contract Act of 1965, as Amended (May 1989) (41 U.S.C. 351, et seq.), 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.), 52.222-43, Fair Labor Standards Act and Service Contract Act?Price Adjustment (Multiple Year and Option Contracts) (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). OFFER SUBMISSION AND DUE DATE - The offer is due by 2:00pm E.S.T., Monday, March 9, 2006, and shall be delivered by email to kpitts@ars.usda.gov , Fax to (301) 504-1717, or postal service to USDA/ARS/AFM/APD/AB-MD, ATTN: Alvenia K. Pitts, Contracting Officer, 5601 Sunnyside Avenue, 3-2126C, Beltsville, Maryland 20705.
- Place of Performance
- Address: USDA/ARS/OTT, 5601 Sunnyside Avenue, Beltsville, Maryland
- Zip Code: 20705 5131
- Country: USA
- Zip Code: 20705 5131
- Record
- SN00977952-W 20060203/060201211719 (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's FBO Daily Index Page |