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FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 20, 2013 FBO #4318
MODIFICATION

J -- Replacement and Install of Hydraulic hoses for Boom Truck 1993 International.

Notice Date

9/18/2013
 

Notice Type

Modification/Amendment
 

Contracting Office

1300 Eisele Road, Fairbanks, AK 99712
 

ZIP Code

99712
 

Solicitation Number

WE-133E-13-RQ-0875
 

Response Due

9/23/2013
 

Archive Date

3/22/2014
 

Point of Contact

Name: Client Services, Title: Client Services, Phone: 1.877.933.3243, Fax: 703.422.7822
 

E-Mail Address

Clientservices@fedbid.com;
 

Small Business Set-Aside

Total Small Business
 

Description

AMENDMENT NOTICE:This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.The solicitation number is WE-133E-13-RQ-0875 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-69. The associated North American Industrial Classification System (NAICS) code for this procurement is 811310 with a small business size standard of $7.00M.This requirement is a [ Small Business ] set-aside and only qualified offerors may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2013-09-23 15:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be Fairbanks, AK 99712 The DOC NOAA National Environmental Satellite, Data, and Information Service requires the following items, Meet or Exceed, to the following: LI 001: REPLACEMENT AND INSTALL OF ALL HYDRAULIC HOSES FOR THE BOOM SYSTEM ON THE 1993 INTERNATIONAL TRUCK, LICENSE# C-93104. THIS IS A TIME AND MATERIAL ORDER TO PROVIDE THE REPAIRS AS STATED ON THE ATTACHED STATEMENT OF WORK. REFER TO ATTACHED DOL WAGE GRADE DETERMINATION FOR THE FAIRBANKS NORTH STAR BOROUGH, WHERE THE REPAIRS WILL TAKE PLACE., 1, JB; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DOC NOAA National Environmental Satellite, Data, and Information Service intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DOC NOAA National Environmental Satellite, Data, and Information Service is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids.All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com.Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. Contracting Officer's Authority. The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. Insert the clause 1352.209?73, Compliance with the Laws, in all solicitations and contracts. As prescribed in 48 CFR 1309.507?2(c), insert the following clause: Compliance With the Laws (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. As prescribed in 48 CFR 1309.507?2(d), insert the following clause: Organizational Conflict of Interest (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as ?contractor?) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms ?contract,? ?contractor,? and ?Contracting Officer? shall be appropriately modified to preserve the Government's rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507?1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. As prescribed in 48 CFR 1313.106?2?70, insert the following provision: Evaluation Utilizing Simplified Acquisition Procedures (Date) All solicitations using simplified acquisition procedures in FAR Part 13 must include provision 1352.213?70, Evaluation Utilizing Simplified Acquisition Procedures, or similar language setting out evaluation criteria.The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. (Reference 52.212-4) (Reference 1352.233-71) I have read and agreed to the "52.212-3 Offeror Representations and Cerfifications--Commercial Items" Clause in the attached 'Additional Clauses' document. I have read and agreed to the "52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS- COMMERCIAL ITEMS" Clause in the attached 'Additional Clauses' document. 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): www.acquisition.gov (a)An agency protest may be filed with either:(1)the contracting officer,or(2)ata level above the contracting officer, with the appropriate agencyProtest Decision Authority.See 64Fed.Reg. 16,651(April6,1999) (b)Agency protests filed with the Contracting Officer shall be sent to thefollowingaddress: NOAA/ NESDIS/CDA Station 1300 Eisele Road Fairbanks,AK.99712 (c)Agency protests filed with the agency Protest Decision Authority shallbe sent tothe following address: NOAA/NESDIS/CDA Station 1300 Eisele Road Fairbanks,AK.99712 (d)A complete copy of all agency protests,including all attachments,shall be servedupon the Contract Law Division of the Office of the GeneralCounsel within one day of filing a protestwith either the ContractingOfficer or the Protest Decision Authority. (e)Service upon the Contract Law Division shall be made as follows: U.S.Department of Commerce Office of the General Counsel Chief,Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue,N.W. Washington,D.C.20230. FAX:(202)482-5858 (End of clause) 52.232-99, Providing Accelerated Payment to Small Business Subcontractors (DEVIATION) The Contracting Officer shall insert the following clause in all solicitations and resultant contracts. PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M12-16. Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receip?of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including paragraph (b). in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. 1352.246-70 Place of Acceptance (R) "Method of payment." (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-- (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause). (b) "Contractor`s EFT information." The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database. Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'''' click box or other comparable mechanism (e.g., ``click-wrap'''' or ``browse-wrap'''' agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (End of clause) "Explanation of delivery term." "F.o.b. destination" means-- (1) Free of expense to the Government delivered, on board the carrier`s conveyance, at a specified delivery point where the consignee`s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (2) Supplies shall be delivered to the destination consignee`s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. (Reference 52.212-1) I have read and agreed to the clauses in the attached 'Additional Clauses' document.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/DOC/NOAA/AGAMD/WE-133E-13-RQ-0875/listing.html)
 

Place of Performance

Address: Fairbanks, AK 99712

Zip Code: 99712-1725
 

Record

SN03192670-W 20130920/130918234848-10315b7fdf766fe6738695590222addc (fbodaily.com)
 

Source

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

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