Annual Maintenance, Testing & Inspection Trane Centrifugal Chiller
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (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 separate Request for Proposal (RFP) will not be issued. The solicitation number is RFQP02021500028 and is issued as a Request for Quotation (RFQ). This NAICS code is 811310. This is a Brand Name requirement (See Brand Name Justification).
(NOTE: In order to be considered for award, please make sure mandatory SAM registration is current. For SAM go to: https://www.sam.gov/portal/public/SAM/ .
Special Notes and Instructions:
This is a Brand Name Requirement:
Basis for Award. FCI Fort Dix will issue a purchase order to the vendor who is determined to offer the best value to the Government.
Best Value Determination. The technically acceptable, lowest priced quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the technical criteria that is contained in the solicited item description. If the lowest priced submission does not meet the technical criteria described in the solicited item description, the government reserves the right to evaluate the next lowest priced submissions until it has determined a technically acceptable submission. Contingent upon a determination of contractor responsibility, award will be made to that offeror. Award will be made to the responsible vendor whose quote is the lowest evaluated price among technically acceptable quotes.
Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/portal/public/SAM/ and provide mandatory information.
Site Visit not required.
Notice to Offeror. This procurement is set-aside for small business concerns. Funds are currently available. The North American Industrial Classification Code (NAICS) is 811310 with a size standard of $7.5 million. The estimated cost range for all work is between $5,000.00 and $10,000.00. The solicitation will be available till October 9, 2015.
The Government reserves the right to cancel this purchase request, either before or after suspense date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. The Contractor shall not request, nor will the Government make, payments for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred.
Discussions. The government intends to award a purchase order without discussions with respective vendors/quoters. The government however, reserves the right to conduct discussions if deemed in its best interest.
Please email quotes no later than 3:00pm EST, October 9, 2015- Friday, or sooner if possible to: Tana Jankowiak, Senior Contract Specialist E-mail: tjankowiak@bop.gov. Tel: (609)723-1100 ext 5149. Please refer to FAR 52.212-3 Offerors Representation & Certifications - Commercial Items.
The following FAR and DOJ provisions and clauses are applicable to this solicitation:
(For full text references, go to https://www.acquisition.gov/)
52.204-7 System for Award Management (Jul 2013)
52.204-13 System for Award Management Maintenance (Jul 2013)
52.211-17 Delivery of Excess Quantities (Sep 1989)
52.212-1 Instructions to Offerors-Commercial Items (Apr 2014)
52.212-2 Evaluation - Commercial Items (Oct 2014)
52.212-4 Contract Terms and Conditions-Commercial Items (May 2015)
52-219-6 Notice of Small Business Set-Aside (Nov 2011)
52.219-13 Notice of Set-Aside of Orders (Nov 2011)
52.219-28 Post-Award Small Business Program Representation (Jul 2013)
52.222-19 Child Labor (Jan 2014)
52.222-21 Prohibition of Segregated Facilities (Apr 2015)
52.222-26 Equal Opportunity (Apr 2015)
52.222-41 Service Contract Act Labor Standards (Nov 2007)
52.222-50 Combating Trafficking in Persons (Mar 2015)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)
52.225-1 Buy American- Supplies (May 2014)
52.225-13 Restrictions on Certain Foreign Purchase (Jun 2008)
52.232-18 Availability of Funds (Apr 1984)
52.232-23 Assignment of Claims (May 2014)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
52.233-1 Disputes (May 2014)
52.233-3 Protest After Award (Aug 1996)
52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)
52.237-1 Site Visit (Apr 1984)
52.252-1 Solicitation Provisions Incorporated By Reference (Feb 1998)
52.253-1 Computer Generated Forms (Jan 1991)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JUL 2014)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
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.
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.
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.
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.
(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-
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)).
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.
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).
52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
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.
52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)
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)).
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.).
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.)
52.222-54, Employment Eligibility Verification (Jul 2012).
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.
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.
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)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
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):
(End of Clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
Representation. By submission of its offer, the Offeror represents that it does not requirement employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such wasted, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(End of provision)
2852.233-70 PROTESTS FILED DIRECTLY WITH THE DEPARTMENT OF JUSTICE (JAN 1998)
(a) The following definitions apply in this provision:
(1) "Agency Protest Official" means the official, other than the contracting officer, designated to review and decide procurement protests filed with a contracting activity of the Department of Justice.
(2) "Deciding Official" means the person chosen by the protestor to decide the agency protest; it may be either the Contracting Officer or the Agency Protest Official.
(3) "Interested Party" means an actual or prospective offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.
(b) A protest filed directly with the Department of Justice must:
(1) Indicate that it is a protest to the agency.
(2) Be filed with the Contracting Officer.
(3) State whether the protestor chooses to have the Contracting Officer or the Agency Protest Official decide the protest. If the protestor is silent on this matter, the Contracting Officer will decide the protest.
(4) Indicate whether the protestor prefers to make an oral or written presentation of arguments in support of the protest to the deciding official.
(5) Include the information required by FAR 33.103(d)(2):
(i) Name, address, facsimile number and telephone number of the protestor.
(ii) Solicitation or contract number.
(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protestor.
(iv) Copies of relevant documents.
(v) Request for a ruling by the agency.
(vi) Statement as to the form of relief requested.
(vii) All information establishing that the protestor is an interested party for the purpose of filing a protest.
(viii) All information establishing the timeliness of the protest.
(c) An interested party filing a protest with the Department of Justice has the choice of requesting either that the Contracting Officer or the Agency Protest Official decide the protest.
(d) The decision by the Agency Protest Official is an alternative to a decision by the Contracting Officer. The Agency Protest Official will not consider appeals from the Contracting Officer's decision on an agency protest.
(e) The deciding official must conduct a scheduling conference with the protestor within five (5) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.
(f) Oral conferences may take place either by telephone or in person. Other parties may attend at the discretion of the deciding official.
(g) The protestor has only one opportunity to support or explain the substance of its protest. Department of Justice procedures do not provide for any discovery. The deciding official may request additional information from either the agency or the protestor. The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.
(h) An interested party may represent itself or be represented by legal counsel. The Department of Justice will not reimburse the protester for any legal fees related to the agency protest.
(i) The Department of Justice will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.
(j) The deciding official will make a best effort to issue a decision on the protest within twenty (20) days after the filing date. The decision may be oral or written.
(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a protest on the same or similar basis is filed with a protest forum outside the Department of Justice.
(End of Clause)
Tana Jankowiak, Senior Contract Specialist, Phone 6097231100 X5149, Email tjankowiak@bop.gov
