Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 19, 2014 FBO #4498
SOLICITATION NOTICE

R -- Legal Patent Support Services for Mechanical Engineering

Notice Date

3/17/2014
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541199 — All Other Legal Services
 

Contracting Office

ACC - New Jersey, Center for Contracting and Commerce, Building 10 Phipps RD, Picatinny Arsenal, NJ 07806-5000
 

ZIP Code

07806-5000
 

Solicitation Number

W15QKN14T0079
 

Response Due

4/14/2014
 

Archive Date

5/16/2014
 

Point of Contact

William Tenz, 9737242885
 

E-Mail Address

ACC - New Jersey
(william.d.tenz.civ@mail.mil)
 

Small Business Set-Aside

Total Small Business
 

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 announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. 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. Quotes are being requested; a written solicitation will not be issued. Solicitation W15QKN-14-T-0079 along with incorporated provisions and clauses are those in effect through the Federal Acquisition Circular 2005-72. This solicitation is a 100% Small Business Set-Aside. The NAICS code for this procurement is 541199 and the small business size standard is $10,000,000. This is a rated order under the Defense Priorities and Allocations System (DPAS). The DPAS rating for this acquisition is DO-C9. The U.S. Army ARDEC, Picatinny Arsenal, NJ intends to award on a competitive basis, multiple Blanket Purchase Agreements for Legal Patent Support Services in Systems/software/computer Engineering. The legal patent support services under these proposed agreements may include the following services: Preparation of domestic or PCT patent applications, specifications, drawings, and claims; responses to U.S. Patent and Trademark offices, or PCT, or foreign patent offices. (See attachment 0001, entitled Performance Work Statement for Systems Software Engineering) Offerors should review the entire notice as well as the three following attachments prior to submitting a quote: Attachment 0001 - Performance Work Statement for Systems Software Engineering, Attachment 0002 - 52.212-1 Addenda Quote Submission, and Attachment 0003 - 52.212-2 Evaluation of Commercial Items and Attachment 0004 - BPA Agreement Language. FAR provision 52.212-1 applies to this acquisition as well as addenda to the provision, entitled 52.212-1 Addenda- Quote Submission. FAR provision 52.212-2 also applies to this acquisition and can be found in attachment 0003, entitled 52.212-2 - Evaluation of Commercial Items. Additionally, the following Federal Acquisition Regulation (FAR) and Defense FAR (DFAR) Provisions/Clauses are applicable and are incorporated by reference: FAR: 52.203-3, 52.203-6, 52.204-10, 52.209-6, 52.209-10, 52.212-3, 52.212-4, 52.219-6, 52.219-8, 52.219-13, 52.219-14, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.22237, 52.222-40, 52.222-41, 52.222-50, 52.223-18, 52.225-13, 52.232-33, 52.232-36, 52.233-3, and 52.233-4. The following DFAR Clauses also apply to this acquisition; 252.203-7000, 252.225-7001, 252.232-7003, 252.232-7009, 252.232-7010, and 252.244-7000. The following local clauses also apply: 52.246-4000 Acceptance 52.246-4001 Government Property Quality Assurance Actions 52.232-4002 Payment 52.000-4000 Identification of Contractor Employees (Dec 05) 52.224-4001 Disclosure of Unit price information 52.232-4004 Army Electric Invoicing Instructions 52.215-4005 Electronic & Non-Electronic Proposal Submission Requirement (July 2009) 52.000-4003 Administrative Space Occupied by Contractors at Picatinny Arsenal (February 2010) 52.000-4002 Level 1 Anti Terrorist Awareness Training (Oct 2010) The following FAR clauses are incorporated into this solicitation by full text: FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Jan 2014) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jul 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.219-28 - Post-Award Small Business Program Rerepresentation (Jul 2013) (a) Definitions. As used in this clause-- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is quote mark not dominant in its field of operation quote mark when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ______________ assigned to contract number ______________.[Contractor to sign and date and insert authorized signer's name and title]. (End of clause) 52.222-42 - STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES MAY/1989 In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage -- Fringe Benefits ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ (End of Clause) 52.252-2 -- Clauses 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): FAR - http://farsite.hill.af.mil/vffara.htm Local Clauses - http://procnet.pica.army.mil/reference/Clauses/locals.htm Please complete provision 52.212-3, Offeror Representations and Certifications- Commercial Items; OR indicate that your company's representation's and certifications are current and available via Online Representations and Certifications Application (ORCA). Point of Contact: Mr. William Tenz, William.d.tenz.civ@mail.mil. Quotes must be received No Later Than April 14, 2014. Confirmation of receipt of transmission by the Government by the date/time specified for receipt of quotation is the responsibility of the offeror.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/notices/105b74560d46d66426204bb22fa8827c)
 

Place of Performance

Address: ACC - New Jersey Center for Contracting and Commerce, Building 10 Phipps RD Picatinny Arsenal NJ

Zip Code: 07806-5000
 

Record

SN03312584-W 20140319/140317234538-105b74560d46d66426204bb22fa8827c (fbodaily.com)
 

Source

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

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