MODIFICATION
40 -- Wire Rope - Amendment 2
- Notice Date
- 6/29/2017
- Notice Type
- Modification/Amendment
- NAICS
- 331222
— Steel Wire Drawing
- Contracting Office
- Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Western Acquisition Division - Boulder, 325 Broadway - MC3, Boulder, Colorado, 80305-3328, United States
- ZIP Code
- 80305-3328
- Solicitation Number
- NRMAH0001700341
- Archive Date
- 7/22/2017
- Point of Contact
- Mark Caban, Phone: 303-497-6875
- E-Mail Address
-
mark.caban@noaa.gov
(mark.caban@noaa.gov)
- Small Business Set-Aside
- N/A
- Description
- Amendment 2 (1) Action Code: Combined Synopsis Solicitation. (2) Date: June 12. (3) Year: 2017. (4) Contracting Office Zip Code: 80305. (5) Product or Service Code: 40 Rope, Cable, Chain and Fittings. (6) Contracting Office Address: Western Acquisition Division, NOS/NWS/OAR U.S. Department of Commerce/NOAA 325 Broadway, Boulder, Colorado, Mail Code SOU6 (7) Subject: Rope, Cable, Chain and Fittings. (8) Proposed Solicitation Number: RFQ Number NRMAH000-17-00341. (9) Closing Response Date: June 23, 2015. (10) Contact Point or Contracting Officer: Mark Caban, Contract Specialist at mark.caban@noaa.gov. (11) Contract Award and Solicitation Number: TBD. (12) Contract Award Dollar Amount: TBD. (13) Line Item Number: N/A. (14) Contract Award Date: TBD. (15) Contractor: TBD. (16) Description: (I) 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. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (II) This solicitation is issued as a Request For Quotation (RFQ). Submit written quotations referencing RFQ Number NRMAH000-17-00341. (III) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95, effective January 19, 2017, available at acquisition.gov, https://www.acquisition.gov/?q=/browse/far/52. (IV) This procurement is unrestricted and open to all sources. The associated NAICS code is 331222 Steel Wire Drawing; the small business size standard is 1000 employees. (V) A contract for an Indefinite Delivery, Indefinite Quantity including fiveincluding five one-year ordering periods is contemplated. The estimated quantities below are for pricing purposes only. WIRE ROPE IN ACCORDANCE WITH THE ATTACHMENT, SPECIFICATIONS – WIRE ROPE. Year 1 Estimated Quantity: 100 Reels Unit Price $ _____ Total Amount $_____ Year 2 Estimated Quantity: 90 Reels Unit Price $ _____ Total Amount $_____ Year 3 Estimated Quantity: 80 Reels Unit Price $ _____ Total Amount $_____ Year 4 Estimated Quantity: 50 Reels Unit Price $ _____ Total Amount $_____ Year 5 Estimated Quantity: 50 Reels Unit Price $ _____ Total Amount $_____ Clause FAR 52.217-6 Option for Increased Quantity (Mar 1989) applies to this solicitation and the government has the option to order up to 50 percent more than the stated yearly quantity at the government’s discretion. (VI) Description of requirement: The Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA) has a requirement for Wire Rope, to be provided in accordance with Attachment, Specifications – Wire Rope. (VII) Delivery period is five years from date of award; place of delivery NOAA/Pacific Marine Environmental Laboratory, 7600 Sand Point Way NE, Seattle, WA 98115-6349 unless otherwise noted; Delivery FOB Destination.   (VIII) FAR 52.212-1, Instructions to Offerors - Commercial Items (JAN 2017), applies to this acquisition. Addendum to FAR 52.212-1, Instructions to Offerors - Commercial Items (JAN 2017): (a) Submission of quotations. Submit quotations to the office specified in this solicitation at or before the exact time specified in the solicitation. At a minimum, quotations must show - (1) The solicitation number; (2) The name, address and telephone number of the offeror; (3) Acknowledgement of solicitation amendments; (4) A technical description showing that the Offeror can supply the requirements in the specifications in sufficient detail to allow the Government to evaluate the quotation with the evaluation factors stated in the solicitation. The Offeror must include statements in their quotation stating the following information: (a) Offeror has the ability to provide the wire rope, in accordance with Attachment Specifications – Wire Rope. (b) Offeror shall provide sufficient warranty information. (c) Offeror(s) shall provide a 10 meter sample of the proposed wire rope as part of the offeror’s submission. In accordance with FAR 52.212-1 (d) Product Samples shall be submitted at no expense to the Government and returned only at the offerors request and only if it is not destroyed during testing. Samples shall be delivered to Ben Carlson, 7600 Sand Point Way NE, Bldg. 3 R/PMEL, Seattle, WA 98115-6349 by the RFQ closing date. NOTE: Any offeror who has manufactured and delivered this rope for NOAA, PMEL, to the exact specifications above within the past 12 months is exempt from submitting the sample requirement. Site Visit: The Government reserves the right to perform a site visit of the manufacturing facility prior to award. (5) Past performance information, to include recent and relevant contracts for the same or similar items and reference information (including contract numbers, points of contact with phone numbers and other relevant information). (6) Price and any supporting details for the price, as requested in the solicitation. (7) State if there are small business subcontracting opportunities available for this acquisition. (b) Offerors are responsible for submitting quotations and any modifications thereto, so as to reach the Government office designated in the solicitation by the time specified. The Offeror’s initial quotation should contain the Offeror’s best terms from a price and technical standpoint. The Government may reject any or all quotations if such action is in the public interest; accept other than the lowest quotations if such action is in the public interest; accept other than the lowest quotation; and waive informalities and minor irregularities in quotations received. (IX) FAR 52.212-2 Evaluation – Commercial Items (OCT 2014), applies to this acquisition. Paragraph (a) is hereby completed as follows: The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be the most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers. (i)Technical capability of the item offered to meet the Government requirement: 1) Government will evaluate offeror’s ability to deliver wire rope to comply with the Attachment Specification Wire Rope specified requirements. Government will incorporate result of sample testing, if applicable; 2) Warranty information in accordance with FAR 52.212-4 (o) Warranty, and preference will be given to longer warranties. (ii) Price. (iii) Past Performance. Technical and past performance, when combined, are approximately equal to price. (X) The Offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (JAN 2017), with its quote. Offeror’s shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifications electronically at https://www.sam.gov. If an Offeror has not completed the annual representations and certifications electronically at the SAM website, the Offeror shall complete only paragraphs (c) through (o) of this provision. (XI) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (JAN 2017), applies to this acquisition. (XII) The clause at FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (JAN 2017) applies to this acquisition. The following clauses under subparagraph (b) apply: (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509 ). (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L.109-282) (31 U.S.C. 6101 note). (8) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). (9) 52.209-9 Updates of publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C 2313). (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. Chapter 78 and E.O. 13627). (44) 52.223-18, Encouraging Contractor Policy to Ban Text Messages While Driving (Aug 2011) (E.O. 13513). (47) 52.225-1, Buy American Act—Supplies (MAY 2014) (41 U.S.C. Chapter 83). (56) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) (31 U.S.C. 3332). The following clauses under subparagraph (c) apply: none. (XIII) The following clauses are also applicable to this acquisition. FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. FAR 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through May 31, 2023. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. FAR 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than1 Reel, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of 100 Reels; (2) Any order for a combination of items in excess of 100 Reels or (3) A series of orders from the same ordering office within180 days that together call for quantities exceeding the limitation in subparagraph (b) (1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within seven days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.” (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after May 31, 2023. FAR 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989) The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. CAR 1352.201-70 CONTRACTING OFFICER’S AUTHORITY (APR 2010) CAR 1352.201-72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR 2010) CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010) CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010) CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010) NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015) By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in: (a) 41 U.S.C. § 2103 regarding contacts between a federal employee working on a procurement and an offeror about prospective employment; (b) 18 U.S.C. § 207 regarding the restrictions on former federal employees having contact with a federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a federal employee or for which the former federal employee had official responsibility; (c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former federal agency on behalf of another person or entity concerning any official matter; and (d) 41 U.S.C. § 2104 regarding the restrictions on a former federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor. CAR 1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010) During the term of the contract, the Government shall place orders totaling a minimum of $15,000.00. The amount of all orders shall not exceed $1,500,000.00. CAR 1352.216-76 PLACEMENT OF ORDERS (APR 2010) (a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include: (1) Date of order; (2) Contract number and order number; (3) Item number and description, quantity, and unit price or estimated cost or fee; (4) Delivery or performance date; (5) Place of delivery or performance (including consignee); (6) Packaging, packing, and shipping instructions, if any; (7) Accounting and appropriation data; (8) Method of payment and payment office, if not specified in the contract; (9) Any other pertinent information. (b) In accordance with FAR 52.216–18, Ordering, the following individuals (or activities) are authorized to place orders against this contract: NOAA Contracting Officers (c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is N/A. CAR 1352.233-70 AGENCY PROTESTS (APR 2010) (a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See Federal Register Vol. 64, page 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Contracting Officer, Chad M. Hepp National Oceanic and Atmospheric Administration (NOAA) Western Acquisition Division – SOU6 325 Broadway Boulder, CO 80305-3325 Phone Number: (303) 497-3443 chad.m.hepp@noaa.gov (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry Berkowitz, Senior Procurement Director and Director, Office of Acquisition Management U.S. Department of Commerce Room 6422 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, DC 20230 FAX: (202) 482-1711 (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: Office of the General Counsel Chief, Contract Law Division U.S. Department of Commerce Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, DC 20230 FAX: (202) 482–5858 CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010) Full text of CAR clauses are available at http://farsite.hill.af.mil/vfcara.htm. CAR 1352.246-70 PLACE OF ACCEPTANCE (APR 2010) (b) The place of acceptance will be: Unless otherwise specified by NOAA, the NOAA/PMEL Bldg. 8, ATTN: Greg Johnson, 7600 Sand Point Way, NE, Seattle, Washington, 98115. DELIVERY ORDERS (a) Orders may be placed during the ordering period of the contract. Prices for the products are applicable when delivery order is issued. (b) Orders may extend up to one year beyond the last ordering period. NAM 1330-52.203-71 NOTICE OF POST-GOVERNMENT EMPLOYMENT RESTRICTIONS (OCT 2015) By submission of an offer in response to a NOAA solicitation or acceptance of a contract, the contractor acknowledges the restriction on current NOAA employees regarding contact with offerors regarding prospective employment and the corresponding obligations for contractors who engage them. The contractor further acknowledges that it has provided notice to former NOAA employees who will provide service to NOAA under the contract of post-Government employment restrictions that apply to them. Such restrictions include, but are not limited to, those set forth in: (a) 41 U.S.C. § 2103 regarding contacts between a federal employee working on a procurement and an offeror about prospective employment; (b) 18 U.S.C. § 207 regarding the restrictions on former federal employees having contact with a federal agency on behalf of another person or entity concerning a specific party matter with which the former employee was involved as a federal employee or for which the former federal employee had official responsibility; (c) 18 U.S.C. § 207 regarding the restrictions on former senior employees and senior political employees from having contact with his former federal agency on behalf of another person or entity concerning any official matter; and (d) 41 U.S.C. § 2104 regarding the restrictions on a former federal employee involved in an acquisition over $10,000,000 from accepting compensation from a contractor. (End of solicitation and contract language) NAM 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016) (a) The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to: 1. Allow contractors to better prepare for and propose on business opportunities. 2. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting 3. Identify constraints in transparency (b) The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA. (c) Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer’s decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer. (d)There are several constraints to the scope of the AGO Ombudsman’s authority, for instance: 1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A¬76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates). 2. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes. 3. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance. 4. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions. 5. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer. 6. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the S. Government. 7. The AGO Ombudsman is not NOAA’s agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity). (e) After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues. (f) The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials. (g) Questions regarding items (a) through (f) within this language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov. (End of solicitation and contract language) (XIV) The Defense Priorities and Allocations System (DPAS) does not apply. (XV) Quotes are required to be received in the contracting office no later than June 23, 2015. All quotes must be emailed to the attention of Mark Caban, Contract Specialist at mark.caban@noaa.gov. (XVI) Offerors must submit all questions concerning this solicitation in writing to Contract Specialist Mark Caban, mark.caban@noaa.gov. Questions should be received no later than seven calendar days after the issuance date of this solicitation. Any responses to questions may be made in writing, without identification of the questioner, and may be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.
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- Place of Performance
- Address: 7600 Sand Point Way NE, Seattle, Washington, 98115-6349, United States
- Zip Code: 98115-6349
- Zip Code: 98115-6349
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