PRESOL | F | Tracked Chipper w/ possible of up to 4 more

FBO DAILY ISSUE OF MAY 19, 2010 FBO #3098
SOLICITATION NOTICE

F -- Tracked Chipper w/ possible of up to 4 more

Notice Date: 5/17/2010
Notice Type: Combined Synopsis/Solicitation
Contracting Office: WASO - FIRE - NPS National Interagency Fire Center 3833 S. Development Avenue Boise ID 83705
ZIP Code: 83705
Solicitation Number: N9560100026
Response Due: 6/7/2010
Archive Date: 5/17/2011
Point of Contact: Kary W. Goetz Contract Specialist 2083875295 kary_goetz@nps.gov;
E-Mail Address: Point of Contact above, or if none listed, contact the IDEAS EC HELP DESK for assistance
(EC_helpdesk@NBC.GOV)
Small Business Set-Aside: N/A
Description: SECTION C -- Descriptions and Specifications C.1SPECIFICATIONS2 SECTION H -- Special Contract Requirements H.1Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government While Driving2 SECTION I -- Contract Clauses I.1Clauses By Reference2 I.2Contract Terms and Conditions--Commercial Items2 I.3Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items2 SECTION K -- Representations, Certifications and Other Statements of Offerors K.1Clauses By Reference2 K.2Offeror Representations and Certifications - Commercial Items2 SECTION L -- Instructions, Conditions and Notices to Bidders L.1Instructions for Volumes 1 and 22 L.2Instructions to Offerors--Commercial Items2 SECTION M -- Evaluation Factors for Award M.1Evaluation - Commercial Items2 SECTION C -- DESCRIPTIONS AND SPECIFICATIONS The National Park Service (NPS), Division of Fire and Aviation Management, located at 3833 S. Development Ave. Boise, ID 83705 has a requirement for a Commercial off the Shelf (COTS) self propelled portable tracked chippers. However the NPS after evaluation of the initial tracked chipper would like the option to purchase up to four (4) more identical (COTS) self propelled portable tracked chippers. The National Park Service operates in remote places. The tracked chipper will be utilized where wheeled chippers would adversely affect the soils and terrain surfaces, whereas a tracked vehicle will lessen the impact on the environment, in accordance to FAR 12.603, as supplemented with the additional information included in this notice. The tracked chipper must or exceed the following requirements: Tracked Chipper RequirementsGeneral"Weight: 3000 lbs (max) fully assembled and fueled for operation"Overall - Length: 144" (max) with feed chute in operational position" - Width: 84" allowable when tracks may extend for stability or slope." - Height: 100" (max) with discharge up for normal operation"Body - Length: 113" (max) in transport configuration" - Width: 58" (max) in transport configuration" - Height: 72" (max) in transport configurationEngine "Horsepower: 28 hp (min)"Cooling medium: Water"Fuel type: Diesel Capacities"Fuel tank: minimum for 4 hours of continuous operation under normal useCutting System"Disk blade systemFeed/Discharge System"Infeed capacity: 6" stock (min) x 9" (min) for efficiency in feeding brush and branch"Feed style: roller or wheel with hydraulic powerChassis"Track width: 60" (max) when in transport configurationElectrical"12 volt system, negative groundTransport"Self propelled with radio controlled capability and on vehicle controls for safety and convenience while moving and operating the chipper."Ability traverse 25% slope and climb 25% vertical slope"Must have four (4) point tiedown to meet US DOT transportation regulations for trailer transport. The National Park Service (NPS), Division of Fire and Aviation Management is soliciting for a brand-name or equal to product of a Laski LS150 Tracked Chipper. The above product is required to support the ongoing fuels abatement / management for NPS and will allow for the reduction of combustible materials on NPS lands. 4.5 TRAINING HOURS "The contractor shall provide up to 40 hours (5 business days) of onsite initial training for setup and operation. Instructions to Offerors The proposed tracked chipper shall be comparable or superior to the features and functionalities of the product listed above "Must be a Commercial Off the Shelf item (COTS) with minor modifications to meet the needs of the NPS. 4.12 TRAVEL Any associated travel must be pre-approved in writing by the COR, who will be assigned on each task order, 14 Calendar days prior to travel. The contractor shall be responsible for securing lodging and meals at established General Service Administration (GSA) government rates at the time of booking. All travel and related expenses must be in accordance with the most current Federal Travel Regulations found here: www.gsa.gov/ftr Deviations from established GSA rates shall be brought to the attention of the COTR. Airfare, ground transportation and miscellaneous expenses will be reimbursed per actual expenses. The contractor shall provided estimated travel and per-diem expenses with the fee proposal breakdown. The contractor shall provide documentation (i.e. store/provider receipts) of all expenses identified above that is incurred in the performance of this project. All travel associated with the performance of this contract shall have prior written authorization from the Contracting Officer. Documentation will be submitted to NPS with each billing cycle. All database support shall reside with the vendor. DELIVERY SCHEDULE: Chipper to be delivered within 30 calendar days from date of receipt of order. SECTION H -- SPECIAL CONTRACT REQUIREMENTS H.1EXECUTIVE ORDER 13513PROHIBITION ON TEXT MESSAGING AND USING ELECTRONIC EQUIPMENT SUPPLIED BY THE GOVERNMENT WHILE DRIVINGOCTOBER 2009 Executive Order 13513 Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while DrivingAs prescribed in Federal Leadership on Reducing Text Messaging While Driving Prohibition on Text Messaging and Using Electronic Equipment Supplied by the Government while Driving (Oct, 2009) This Executive Order introduces a Federal Government-wide Prohibition on the use of text messaging while driving on official business or while using Government -supplied equipment. Additional guidance enforcing the ban will be issued at a later date. In the meantime, please adopt and enforce policies that immediately ban text messaging while driving company-owned or -rented vehicles, government-owned or leased vehicles, or while driving privately owned vehicles when on official government business or when performing any work for or on the behalf of the government.(End of order) SECTION I -- CONTRACT CLAUSES I.152.252-02CLAUSES INCORPORATED BY REFERENCE 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): ---------------------------------------------------------------------- ---------------------------------------------------------------------- [Insert one or more Internet addresses] ClauseTitleDate52.223-10Waste Reduction ProgramAugust 2000 I.252.212-04CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMSMARCH 2009 (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-(1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-01, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-01, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting for the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor;(ii) Invoice date and number;(iii) Contract number, contract line item number and, if applicable, the order number;(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;(vi) Terms of any discount for prompt payment offered;(vii) Name and address of official to whom payment is to be sent;(viii) Name, title, and phone number of person to notify in event of defective invoice; and(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.(x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.-(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);(B) Affected contract number and delivery order number, if applicable;(C) Affected contract line item or subline item, if applicable; and(D) Contractor point of contact.(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.(v) Amounts shall be due at the earliest of the following dates:(A) The date fixed under this contract.(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-(A) The date on which the designated office receives payment from the Contractor;(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services.(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause.(3) The clause at 52.212-05.(4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation.(6) Other paragraphs of this clause.(7) The Standard Form 1449.(8) Other documents, exhibits, and attachments. (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. I.352.212-05CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMSAPRIL 2010 (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by referen This is also posted under N9560100026 at http://ideasec.nbc.gov/
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/DOI/NPS/APC-IS/N9560100026/listing.html)
Place of Performance: Address: Wind Cave National Park26611 U.S. Highway 385 Hot Springs SD 57747-9430; Zip Code: For other possible delivery addresses please see N9560100026 at http://ideasec.nbc.gov/
Record: SN02151462-W 20100519/100517234630-baf542556ddd98ef19b04e8ebb38afc4 (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 |

Loren Data's SAM Daily™

F -- Tracked Chipper w/ possible of up to 4 more