SOLICITATION NOTICE
X -- CREW BERTHING FOR CGC DORADO, CGC HAWKSBILL AND CGC BLACKFIN
- Notice Date
- 12/10/2008
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 721110
— Hotels (except Casino Hotels) and Motels
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commander (vpl), USCG Maintenance and Logistics Command - Pacific, 1301 Clay St., Suite 807N, Oakland, California, 94612-5249
- ZIP Code
- 94612-5249
- Solicitation Number
- HSCG85-09-Q-625272
- Archive Date
- 1/10/2009
- Point of Contact
- Jay S McReynolds,, Phone: 510-637-5975, Valerie S Rivera-Chase,, Phone: (510) 637-5972
- E-Mail Address
-
jay.s.mcreynolds@uscg.mil, Valerie.S.RiveraChase@uscg.mil
- Small Business Set-Aside
- Total Small Business
- Description
- This is a combined synopsis/solicitation HSCG85-09-Q-625272 for commercial items prepared in accordance with the format in FAR 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. This solicitation is issued as an invitation to Request for Quotation (RFQ) incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-28. This is total small business set-aside procurement. The Small Business size standard is $6.5 Million. The NAICS is 721110. The contract will be awarded as a firm fixed price contract using simplified acquisition procedures in accordance with FAR Part 13.5. The requirement is for temporary berthing for the crew of the CGC DORADO 14 January to 24 February 2009 (41 Days), CGC HAWKSBILL 14 January to 24 February 2009 (41 Days) and CGC BLACKFIN 04 March to 14 April 2009 (41 Days) within 5 miles of Coast Guard Island, Alameda, CA 94501. The Coast Guard Cutters will be at BAY SHIP & YACHT, COMPANY, 2900 Main Street, Alameda, CA 94501. CONTRACTOR SHALL BE PAID FOR ACTUAL DAYS OF USE. When responding to RFQ #HSCG85-09-Q-625272, contractors shall provide pricing as follows: CLIN 0001, Temporary Berthing. CGC DORADO 14 January to 24 February 2009: Single Rooms: $__________/Day X 3 Rooms X 41 Days = $___________. Double Rooms: $___________/Day X 5 Rooms X 41 Days= $___________. Total Berthing: $_______________. CLIN 0002, Temporary Berthing. CGC HAWKSBILL 14 January to 24 February 2009: Single Rooms: $__________/Day X 3 Rooms X 41 Days = $___________. Double Rooms: $___________/Day X 5 Rooms X 41 Days= $___________. Total Berthing: $_______________. CLIN 0003, Temporary Berthing. CGC BLACKFIN 04 March to 14 April 2009: Single Rooms: $__________/Day X 3 Rooms X 41 Days = $___________. Double Rooms: $___________/Day X 5 Rooms X 41 Days= $___________. Total Berthing: $_______________. TOTAL BERTHING FOR ALL CLIN’s: $__________________. TEMPORARY BERTHING REQUIREMENTS: The Contractor shall provide quality temporary off-ship berthing facility for 13 Coast Guard personnel within a 5-mile radius of Coast Guard Island, Alameda, CA 94501 from 14 January to 24 February 2009 and 04 March to 14 April 2009. The 5 mile restriction shall be computed using Maps on Us Website found at: www.mapquest.com/directions/main.adp. Inspection of the facilities prior to award will be made. Provide 3 single occupancy and 5 double occupancy rooms for Coast Guard personnel for a period of 41 days from 14 January to 24 February 2009 and 04 March to 14 April 2009. Contractor’s substitution of single rooms for double rooms is acceptable. Berthing shall commence with check-in on the start date; and end with normal check-out time on the completion date of the availability for each crew required. HOTEL REQUIREMENTS: If berthing is provided in a commercial hotel, Contractor shall provide the following: Room location. Hotel rooms shall be located on the second floor or above, but no higher than the seventh floor of the facility. Room access. Hotel room entrances shall be accessible only by internal hallway(s). The hotel’s internal hallway(s) shall have locked exterior doors, accessible by key-holding hotel guests only. Internal hallway(s) shall be accessible by the facility’s lobby. Laundry facilities. Indoor laundry facilities shall be available for berthing facility occupants in or immediately adjacent to the berthing facility. Regulations and standards. All berthing facilities provided shall: Meet the Hotel and Motel Fire Safety Act of 1990 (PL101-391) and be listed on the Hotel-Motel Master List. Meet, at a minimum, the requirements for a Mobil Travel Guide Rating of two stars or AAA Diamond Rating of two diamonds and include free parking for 13 vehicles. Berthing will include daily cleaning, change of linen, and replenishment of toiletries. NOTE: The facilities provided must meet the requirements at a minimum, but DO NOT actually have to be formally rated by either organization. Hotel and Motel Fire Safety Act of 1990 (PL101-391). Information on the safety act and the master hotel list can be found at http://www.usfa.fema.gov/applications/hotel/ Rating criteria. Rating criteria can be found at the following websites: AAA/CAA – http://www.aaanewsroom.net/Main.asp?ListAllPubs=1&CategoryID=9&. MOBIL Travel Guide - http://mobiltravelguide.howstuffworks.com/hotels-channel.htm GRATUITIES: The total contract price shall include Gratuities for services supplied to the crew. The following far clauses apply to this solicitation, and offeror’s may obtain full text versions of these clauses electronically at HTTP://www.arnet.gov/far: Far 52.212-1, Instructions to Offeror-Commercial Items (JUN 2008). Applies to this acquisition; Quotations submitted in response to this RFQ must include: CLIN Number and pricing as shown above, record of past performance for similar contracts in the form of letters of reference or contract performance ratings, full information about the berthing facilities proposed, and contractors full name, address, and telephone number. FAR 52.212-2, Evaluation – Commercial Items (JAN 1999) The Government will award a 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 price. 2) Past Performance: The offeror is required to identify past or current contracts for efforts similar to this Messing & Berthing requirement. Offerors are to submit three (3) references. Provide as a minimum the following applicable information: contract number, type of service involved, 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, customer satisfaction, and management. FAR 52.204-7, Central Contractor Registration (APR 2008) www.ccr.gov. FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (JUN 2008) with Alt 1 (APR 2002) included. An offeror shall complete only paragraph (J) of this provision if the offeror has completed the annual representations and certifications electronically at HTTP://orca.bpn.gov. FAR 52.212-4 Contract Terms and Conditions-Commercial Items (OCT 2008). FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders, Commercial Items (OCT 2008). The following clauses listed in 52.212-5 are incorporated: 52.203-5, 52.203-6, 52.217-8, 52.217-9, 52.219-6, 52.222-3, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-41, 52.222-44 (see Department of Labor Employment Standards Administration Wage Determination No. 2005-2052 Revision No. 7 Date of Revision 05/29/2008), 52.222-50, 52.223-2, 52.223-6, 52.223-14, 52.227-1, 52.229-3, 52.232-1, 52.232-8, 52.232-23, 52.232-25, 52.232-33, 52.233-1, 52.233-3, 52.233-4, 52.242-13, 52.243-1 Alt 1, 52.246-25, 52.249-8, FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (a) Definition. As used in this clause— “United States” means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island. (b) Except as provided in paragraph (e) of this clause, during the term of this contract, the Contractor shall post a notice, in the form of a poster, informing employees of their rights concerning union membership and payment of union dues and fees, in conspicuous places in and about all its plants and offices, including all places where notices to employees are customarily posted. The notice shall include the following information (except that the information pertaining to National Labor Relations Board shall not be included in notices posted in the plants or offices of carriers subject to the Railway Labor Act, as amended (45 U.S.C. 151-188)). Notice to Employees Under Federal law, employees cannot be required to join a union or maintain membership in a union in order to retain their jobs. Under certain conditions, the law permits a union and an employer to enter into a union-security agreement requiring employees to pay uniform periodic dues and initiation fees. However, employees who are not union members can object to the use of their payments for certain purposes and can only be required to pay their share of union costs relating to collective bargaining, contract administration, and grievance adjustment. If you do not want to pay that portion of dues or fees used to support activities not related to collective bargaining, contract administration, or grievance adjustment, you are entitled to an appropriate reduction in your payment. If you believe that you have been required to pay dues or fees used in part to support activities not related to collective bargaining, contract administration, or grievance adjustment, you may be entitled to a refund and to an appropriate reduction in future payments. For further information concerning your rights, you may wish to contact the National Labor Relations Board (NLRB) either at one of its Regional offices or at the following address or toll free number: National Labor Relations Board Division of Information 1099 14th Street, N.W. Washington, DC 20570 1-866-667-6572 1-866-316-6572 (TTY) To locate the nearest NLRB office, see NLRB's website at http://www.nlrb.gov. (c) The Contractor shall comply with all provisions of Executive Order 13201 of February 17, 2001, and related implementing regulations at 29 CFR Part 470, and orders of the Secretary of Labor. (d) In the event that the Contractor does not comply with any of the requirements set forth in paragraphs (b), (c), or (g), the Secretary may direct that this contract be cancelled, terminated, or suspended in whole or in part, and declare the Contractor ineligible for further Government contracts in accordance with procedures at 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures. Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 470, which implements Executive Order 13201, or as are otherwise provided by law. (e) The requirement to post the employee notice in paragraph (b) does not apply to— (1) Contractors and subcontractors that employ fewer than 15 persons; (2) Contractor establishments or construction work sites where no union has been formally recognized by the Contractor or certified as the exclusive bargaining representative of the Contractor’s employees; (3) Contractor establishments or construction work sites located in a jurisdiction named in the definition of the United States in which the law of that jurisdiction forbids enforcement of union-security agreements; (4) Contractor facilities where upon the written request of the Contractor, the Department of Labor Deputy Assistant Secretary for Labor-Management Programs has waived the posting requirements with respect to any of the Contractor’s facilities if the Deputy Assistant Secretary finds that the Contractor has demonstrated that— (i) The facility is in all respects separate and distinct from activities of the Contractor related to the performance of a contract; and (ii) Such a waiver will not interfere with or impede the effectuation of the Executive order; or (5) Work outside the United States that does not involve the recruitment or employment of workers within the United States. (f) The Department of Labor publishes the official employee notice in two variations; one for contractors covered by the Railway Labor Act and a second for all other contractors. The Contractor shall— (1) Obtain the required employee notice poster from the Division of Interpretations and Standards, Office of Labor-Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-5605, Washington, DC 20210, or from any field office of the Department’s Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; (2) Download a copy of the poster from the Office of Labor-Management Standards website at http://www.olms.dol.gov; or (3) Reproduce and use exact duplicate copies of the Department of Labor’s official poster. (g) The Contractor shall include the substance of this clause in every subcontract or purchase order that exceeds the simplified acquisition threshold, entered into in connection with this contract, unless exempted by the Department of Labor Deputy Assistant Secretary for Labor-Management Programs on account of special circumstances in the national interest under authority of 29 CFR 470.3(c). For indefinite quantity subcontracts, the Contractor shall include the substance of this clause if the value of orders in any calendar year of the subcontract is expected to exceed the simplified acquisition threshold. Pursuant to 29 CFR Part 470, Subpart B—Compliance Evaluations, Complaint Investigations and Enforcement Procedures, the Secretary of Labor may direct the Contractor to take such action in the enforcement of these regulations, including the imposition of sanctions for noncompliance with respect to any such subcontract or purchase order. If the Contractor becomes involved in litigation with a subcontractor or vendor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States. HSAR 3052.209-70 Prohibition on Contracts with Corporate Expatriates (JUN 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held— (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain Stock Disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) stock of such entity which is sold in a public offering related to the acquisition described in subsection (b)(1) of Section 835 of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan Deemed In Certain Cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain Transfers Disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special Rule for Related Partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) warrants; (ii) options; (iii) contracts to acquire stock; (iv) convertible debt instruments; and (v) others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104- 73; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104- 73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104- 73, but it plans to submit a request for waiver pursuant to 3009.104-74. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. 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 a Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the cognizant 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 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 writing to be in the best interest of the Government. The agency’s goal is to resolve protests 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 file within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address below: Commandant (CG-9131) 1900 Half St S.W. JR11-0203 Washington, D. C. 20593 Telephone (202) 372-3692 Fax (202) 475-3904 Potential sources having the expertise and required capabilities are invited to submit quotations that will be considered by the agency. Quotations should be written and submitted in a legible format. Submitted quotes shall have the contractor’s Tax Information Number, and DUNS Number. All responsible sources may submit a quotation, which if timely received, shall be considered by this agency. All quotations must be submitted via email not later than 26 December 2008 by 11:00am and be directed to: Jay McReynolds at e-mail jay.s.mcreynolds@uscg.mil, telephone (510) 637-5975 or Valerie Rivera-Chase, at e-mail: valerie.s.riverachase@uscg.mil, telephone (510) 6 37-5972.
- Web Link
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FedBizOpps Complete View
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- Place of Performance
- Address: CONTRACTORS FACILITY, 94501, United States
- Zip Code: 94501
- Zip Code: 94501
- Record
- SN01716533-W 20081212/081210215923-23894b9a28abb4f9c311ddb8b0c999b1 (fbodaily.com)
- Source
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