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FBO DAILY - FEDBIZOPPS ISSUE OF JULY 21, 2013 FBO #4257
SOLICITATION NOTICE

D -- Cable Television Service - Statement of Requirement

Notice Date

7/19/2013
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

517110 — Wired Telecommunications Carriers
 

Contracting Office

Department of Homeland Security, Federal Emergency Management Agency, Preparedness Branch, Office of Acquisition Management, 16825 South Seton Avenue, Emmitsburg, Maryland, 21727, United States
 

ZIP Code

21727
 

Solicitation Number

HSFE20-13-Q-0068
 

Archive Date

8/17/2013
 

Point of Contact

James D. Suerdieck, Phone: 301-447-7244, Gary Patrick Topper, Phone: 301-447-7280
 

E-Mail Address

james.suerdieck@fema.dhs.gov, gary.topper@fema.dhs.gov
(james.suerdieck@fema.dhs.gov, gary.topper@fema.dhs.gov)
 

Small Business Set-Aside

N/A
 

Description

Statement of Requirement 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; proposals are being requested and a written solicitation will not be issued. The solicitation is Request for Quote (RFQ) number HSFE20-13-Q-0068. Provisions and clauses in effect through Federal Acquisition Circular 05-68 are incorporated. It is the contractor's responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: http://farsite.hill.af.mil/. The NAICS code is 517110, with a small business size of 1500 employees. This acquisition is unrestricted. There are no set-aside requirements. All qualified vendors are encouraged to submit a quote. The Federal Emergency Management Agency request quotes from qualified sources capable of providing cable television services. All terms, conditions, requirements, clauses and provision herein shall apply to this combined synopsis/solicitation. All offerors shall submit a quote for all the following: PRICE/COST SCHEDULE: ITEM DESCRIPTION OF QTY UNIT UNIT TOTAL NO. SUPPLIES/SVCS PRICE AMOUNT 0001 CABLE TELEVISION 12.00 MO __________ _________ Cable Television Services for 521 outlets ( see attached Statement of Requirement ) The total price shall include any equipment, installation, and maintenance necessary. Additional line items may be quoted for any one-time charges. DELIVERY SCHEDULE: ITEM NUMBER QUANTITY PERIOD OF PERFORMANCE 0001 12.00 September 1, 2013 - August 31, 2014 PLACE OF DELIVERY: Center for Domestic Preparedness (CDP) 61 Responder Drive Anniston, AL 36205 IDENTIFICATION OF GOVERNMENT OFFICIALS: The Government Officials assigned to this contract are as follows: Administrative Contracting Officer: Name: Gary P. Topper Phone: 301-447-7280 Email: gary.topper@dhs.gov Administrative Contract Specialist: Name: James Suerdieck Phone: 301-447-7244 Fax: james.suerdieck@dhs.gov Technical Point of Contact hereby delegated authority to accept goods and services and review and approve invoices for this contract: Name: TBD Phone: TBD Email: TBD TYPE OF CONTRACT: The Government contemplates award of a Firm Fixed Price purchase order resulting from this combined synopsis/solicitation. PROVISIONS AND CLAUSES: FAR 52.212-1, Instructions to Offerors---Commercial Items, apply to this acquisition with the exception of (d), (h), and (i) of the clause, which are RESERVED; FAR 52.212-2 Evaluation-Commercial Items. (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: See EVALUATION FACTORS FOR AWARD below. FEMA intends to award one Firm Fixed Price Purchase Order based on Low Priced Technically Acceptable (LPTA). Evaluation of price will be based on the offeror's aggregate price for all supplies or services as required above. (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; FAR 52.212-3, Offeror Representations and Certifications-Commercial Items; 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. In compliance with said clause, the following FAR clauses apply: 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards; 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment; 52.219-28, Post Award Small Business Program Rerepresentation; 52.222-3, Convict Labor; 52.222-19, Child Labor-Cooperation with Authorities and Remedies; 52.222-21, Prohibition of Segregated Facilities; 52.222-26, Equal Opportunity; 52.222-36, Affirmative Action for Handicapped Workers with disabilities; 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving; 52.225-3, Buy American Act - Free Trade Agreements - Israeli Trade Act - Alt I; 52.225-13, Restrictions on Certain Foreign Purchases; 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration. FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications; HSAR 3052.209-70, Prohibition on Contracts with Corporate Expatriates; HSAR 3052.212-70, Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items. In compliance with said clause, the following FAR clauses apply: 3052.247-72 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS A. Preface Prior to submission of an agency protest, all parties must use their best efforts to resolve concerns raised by an interested party. FEMA offers, as an option for dispute resolution, Alternative Dispute Resolution (ADR). ADR in an informal, expeditious and inexpensive way to resolve contract issues and is designed to promote satisfying solutions and fair procedures. For more information on FEMA's ADR services, please contact FEMA's ADR office at the following address: Federal Emergency Management Agency Attn: Office of ADR 395 E Street, SW Patriots Plaza 1, Room 525 Washington, DC 20472-3215 If concerns cannot be resolved, protesters may use these procedures when a resolution is requested from the agency. These procedures have been designed to create an avenue for resolving third party grievances in connection with the acquisition process outside of formal processes through the Government Accountability Office (GAO) and the United States Court of Federal Claims (CFC). Filing an agency protest is not a prerequisite to filing at the GAO or CFC. If the protester files a protest through the GAO or CFC while their protest is pending at the agency level, FEMA may dismiss the agency protest. Pursuing an agency protest does not extend the time for obtaining a stay at GAO. These procedures are in addition to the existing protest procedures contained in FAR Subpart 33.103. B. Definitions. (1) "Agency protest," as used in this Synopsis/Solicitation, is one that may be filed with either the Contracting Officer or the officer responsible for the resolution of all agency protests filed at the level above the Contracting Officer. (2) "Ombudsman," as used in this Synopsis/Solicitation, is the agency official above the level of the Contracting Officer designated by the Director of the Acquisition Management Division to handle and issue the formal agency decision resolving the protest. Protesters using these procedures may protest directly to the Ombudsman. (3) "Day," as used in this Synopsis/Solicitation, is a calendar day. In computing a period of time for the purpose of these procedures, the day from which the period begins to run is not counted. When the last day of the period is a Saturday, Sunday or a Federal holiday, the period extends to the next day that is not a Saturday, Sunday or a Federal holiday. Similarly, when the Washington, DC offices of FEMA are closed for all or part of the last day, the period extends to the next day on which the Agency is open. C. Submission Guidelines. (1) Agency protests may be filed through the Contracting Officer or, at the level above the Contracting Officer, through the Ombudsman either by FAX transmission or by "Certified Mail" (Return Receipt Requested) as follows: a. Protests filed through the Contracting Officer or the Ombudsman must be mailed or faxed to: Gary P. Topper, Department of Homeland Security/FEMA Acquisition Preparedness Branch Building D 16825 South Seton Avenue Emmitsburg, MD 21727 -OR- DHS/FEMA Att: Anthony Martoccia Acquisition Operations Division 395 E Street, SW, Room 526 Washington, DC 20472-3215 b. The outside of the envelope or beginning of the FAX transmission must be marked "Agency Protest". c. If the protester submits the protest directly through the Ombudsman, the protester must also, within one (1) day of submitting the protest to the Ombudsman, submit a copy of the protest to the responsible Contracting Officer either by FAX transmission or by "Certified Mail" (Return Receipt Requested). (2) To be filed on a given day, protests and any subsequent appeals must be received by 4:30 PM, current-local time. Any protests received after that time will be considered to be filed on the next day. (3) Protest submissions will not be considered filed until all of the following information is provided: a. the protester's name, address, telephone number and fax number; b. the solicitation or contract number; c. a detailed statement of all factual and legal grounds for protests, to include an explanation of how the protester was prejudiced; d. copies of relevant documents; e. a request for ruling by the agency; f. a statement detailing the form of relief requested; g. all information establishing that the protester is an interested party for the purposes of filing a protest; and h. all information establishing the timeliness of the protest. (4) All protests must be signed by an authorized representative of the protester, and must be addressed to the Contracting Officer or the Ombudsman. D. Timeliness/Resolution of Protests. (1) Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which do not exist in the initial solicitation but which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation. (2) Protests other than those covered by paragraph (1) of this section shall be filed not later than 10 days after the basis of protest is known or should have been known (whichever is earlier), with the exception of protests challenging a procurement conducted on the basis of competitive proposals under which a debriefing is requested and, when requested, is required. In such cases, with respect to any protest basis which is known or should have been known either before or as a result of the debriefing, the initial protest shall not be filed before the debriefing date offered to the protester, but shall be filed not later than 10 days after the date on which the debriefing is held. (3) Protests filed through the Contracting Officer. a. Within twenty (20) days after the protest is filed through the Contracting Officer, the Contracting Officer will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Return Receipt Requested)". b. Appeals i. Protesters who filed protests through the Contracting Officer may, within five (5) days of receipt of the Contracting Officer's written ruling, appeal to the Ombudsman. ii. Requests for Appellate Review must be submitted to the Ombudsman by FAX transmission or by "Certified Mail" (Return Receipt Requested). iii. The Ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Mail Receipt Requested)" within ten (10) days of receipt of the request for appellate review of the Contracting Officer's decision. iv. In accordance with FAR 33.103(d)(4) and 4 C.F.R 21.2(a)(3), if there is an agency appellate review of the Contracting Officer's decision on the protest, it will not extend GAO'S timeliness requirements. Therefore, any subsequent protest to the GAO must be filed within ten (10) days of knowledge of initial adverse agency action. (4) Protests filed through the Ombudsman: a. If the protester protests directly through the Ombudsman, the Ombudsman will send a written ruling and a summary of the reasons supporting the ruling to the protester by "Certified Mail (Mail Receipt Requested)" within thirty-five (35) days after the protest was filed. b. Protests filed directly through the Ombudsman cannot be appealed within the agency. E. Dismissal of Protests. The agency may dismiss protests when protesters file protests through the GAO or CFC while their protests are pending at the agency level; and for failure to comply with any of the requirements of these agency protest procedures. For example, the agency may dismiss protests that are procedurally or substantively defective (e.g., the protest is untimely or the protest fails to clearly state legally sufficient grounds of protest). NARA RECORDS MANAGEMENT LANGUAGE FOR CONTRACTS The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract: 1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. 2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. 3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. 4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. 5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. 6. The Government Agency owns the rights to all data/records produced as part of this contract. 7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. 8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (e-mail, fax, etc.) or state of completion (draft, final, etc.). 9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. 10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.Offerors are reminded to include a completed copy of 52.212-3 with RFQ response, or provide an affirmative response that the offeror is registered in ORCA and all information in ORCA is current and complete. All clauses shall be incorporated by reference or full text in the purchase order. Additional contract terms and conditions applicable to this procurement are: INVOICE INSTRUCTIONS: An invoice is a written request for payment under this contract for supplies delivered or for services rendered. Payment of invoices submitted under this contract shall be made in accordance with the terms and conditions of the Prompt Payment clause and in accordance with the provisions of other clauses in this contract. Failure or refusal to provide the following information on all invoices submitted under this contract may result in the invoice being considered improper for payment in accordance with the Prompt Payment clause. In order to be proper, an invoice must include, as applicable, the following: a. GENERAL INFORMATION 1. Name of Contractor 2. Invoice date 3. Contract number (including order number, if any), contract line item number, contract description of supplies or services, quantity, contract unit of measure and unit price, and extended total. 4. Shipment number and date of shipment (bill-of-lading number and weight of shipment will be shown for shipments on Government bills of lading). 5. Name, title, phone number and complete mailing address of responsible Official who can be contacted in the event of an improper invoice, if there are questions, or additional information is needed by this agency to process payment. 6. Any other information or documentation required by other provisions of the Contract (such as evidence of shipment). 7. Invoices shall be prepared and submitted to the following addresses: Original and 2 copies of invoice should be sent to: Director, Business Operations Department of Homeland Security Federal Emergency Management Agency Center for Domestic Preparedness P.O. Box 5100 61 Responder Drive Anniston, AL 36205-0100 Another copy of invoice should be sent to: Department of Homeland Security Federal Emergency Management Agency FEMA Finance Center P.O. Box 9001 Winchester, VA 22604 In addition to the hardcopy invoices mailed to the addresses above, contractors may also submit a copy electronically to the following address: FEMA-Finance-Vendor-Payments@fema.dhs.gov AND CenterforDomesticPreparedness-FinanceOffice@fema.dhs.gov b. ELECTRONIC FUNDS TRANSFER (EFT) INFORMATION 1. To receive payment, the contractor shall submit their EFT information to the Government. EFT information may be submitted by EFT form, through Central Contractor Registration (CCR), or on invoice. Failure to provide the EFT information or failure to notify the Government of changes to this EFT information may result in delays in payments and/or rejection of the invoice in accordance with the Prompt Payment clause of this contract. EFT forms may be submitted directly the FEMA Finance Center, or to the Contracting Office. 2. If submitting EFT information on invoice/voucher, the following EFT information should be submitted: (a) Routing Transit Number (RTN) - The contractor shall provide the current 9-digit RTN of the payee's bank (b) Payee's account number (c) Contractor's Tax Identification Number (TIN) (The EFT information submitted must be that of the contractor unless there is an official Assignment of Claims on file with the payment office.) If at any time during the term of this contract, the contractor changes any EFT information, (i.e. financial agent, RTN, account number, etc.) the new EFT information must replace the old EFT information on subsequent invoices submitted under this contract, through CCR, or by submission of a new EFT form. ATTACHMENTS: Attachment 1 - Statement of Requirement EVALUATION FACTORS FOR AWARD: FEMA intends to award one Firm Fixed Price Purchase Order based on Low Priced Technically Acceptable (LPTA). Evaluation of price will be based on the offeror's aggregate price for all supplies or services as required above. Factor 1 - Technically Acceptable means offeror provides all the minimum requirements, equipment, installation, and maintenance as specified herein. All items shall be quoted; incomplete quotes may not be considered. This is an "All or Nothing" acquisition. Factor 2 - Price, inclusive of any equipment, installation, and maintenance costs for delivery to CDP, Anniston, AL (36205), shall be evaluated. Award will be made on the basis of the lowest evaluated price of the quote meeting or exceeding the Factor 1. Past performance is not an evaluation factor for this acquisition. The offeror's initial quote shall contain the offeror's best terms from a total price and technical standpoint. The Government intends to evaluate quotes and award a purchase order without discussions, but reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to make no award as a result of this solicitation. OFFEROR QUESTIONS: If you have any questions, please contact James Suerdieck by email to: james.suerdieck@fema.dhs.gov. Questions shall be submitted no later than 29 July 2013. No phone calls accepted. Questions submitted after this deadline may not receive a response. QUOTE SUBMISSION INSTRUCTIONS: Submit email quotes (using PDF, MS Word or Excel attachments) to James Suerdieck at james.suerdieck@fema.dhs.gov. Quotes are due no later than 12:00 pm EST, 02 August 2013.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DHS/FEMA/NETC/HSFE20-13-Q-0068/listing.html)
 

Place of Performance

Address: 61 Responder Drive, Anniston, Alabama, 36205, United States

Zip Code: 36205
 

Record

SN03122114-W 20130721/130719234723-229e0c11bfa57a340e0f666c0354221e (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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