SOLICITATION NOTICE
J -- Service Maintenance Agreement for UPS Units
- Notice Date
- 1/28/2010
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 811219
— Other Electronic and Precision Equipment Repair and Maintenance
- Contracting Office
- Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer (C2CEN), USCG Command and Control Engineering Center, 4000 Coast Guard Boulevard, Portsmouth, Virginia, 23703-2199, United States
- ZIP Code
- 23703-2199
- Solicitation Number
- HSCG44-10-Q-PC2148-9
- Archive Date
- 2/19/2010
- Point of Contact
- James A Lassiter, Phone: (757)686-2149
- E-Mail Address
-
james.a.lassiter@uscg.mil
(james.a.lassiter@uscg.mil)
- Small Business Set-Aside
- N/A
- Description
- This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the ONLY solicitation and no other solicitation document will be issued. This solicitation is issued as a Request For Quote number RFQ HSCG44-10-Q-PC2148-9.This number is for tracking purposes only. Solicitation documents and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 05-38. This procurement will be processed in accordance with FAR Part 12. The North American Industry Classification System (NAICS) is 811219. The SBA size standard in Dollars is $7million. This is Not a Small Business Set-Aside, due to this acquisition being a Sole Source Procurement it is not anticipated that there will be 2 or more qualified Small Business Concerns to provide pricing for this requirement. The USCG Command and Control Engineering Center (C2CEN) Ports. Va. 23703 intends to purchase on a non-competitive basis with EMERSON NETWORK POWER, LIEBERT SERVICES, INC.. for the purchase of Service and Maintenance for the USCG Uninterrupted Power Supply units (UPS). See Schedule B below. The Coast Guard does not own nor can they obtain specifications or other technical data for these Items. Request for such will be disregarded. The proposed contract action resulting from this synopsis/solicitation for commercial supplies is the Governments intention to solicit and negotiate with only one source under the authority of FAR 6.302-1 & 13.106-1(b). Interested persons/parties may identify their interest and capability to respond to the requirement or submit proposals. This notice of intent is not a request for competitive quotations/proposals. However, all quotations/proposals received within 5 days after date of publication of this synopsis/solicitation will be considered by the Government. A determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement, and for informational purposes for future acquisitions. The contractor for this proposed Sole Source contract is: EMERSON NETWORK POWER, LIEBERT SERVICES INC. Cage Code: 1MY11 An EPLS/CCR/BINCS Contractor Verification Information search was conducted on Jan/27/2010; by the Contracting Officer. This is Considered to be a Sole Source Acquisition. See below attached Justification for Other Than Full and Open Competition. Scope of Work/Coverage Type Level-1 -Guaranteed 4-Hr. response 24 Hr/Day, 7 Days/week -Emergency Service Labor and Travel Coverage -Parts Coverage -Preventative Maintenance(PM) visits scheduled at Customer/USCG Con. Level-2 -Guaranteed 4-Hr. response 24 Hr/Day, 7 Days/week -Emergency Service Labor and Travel Coverage -Parts Coverage -Preventative Maintenance(PM) visits scheduled Monday-Friday, 8am – 5pm The Contractor shall provide the Level of Service Maintenance as noted in the Schedule B below for each specific Tag Number and Location. It is required that the technicians providing these Levels of Service on the Items listed below be Qualified Technicians to service those Items and provide the PM. They are to be Factory Trained Technicians. Travel: The Contractor will be required to travel to the locations listed below. The Contractors FFP Quotation/Proposal is to include Travel Expenses. Schedule B- Line Item 1: Service and Maintenace for UPS located at USCG 431 Crawford Street Ports. Va. 23704: Tag# Description Part# Annual PM Qty Coverage Type 1326757 NPOWER65-80 37SA065A0C6L306 2 Level-1 1326758 SEALED 37BP065XMJ1BNS 2 Level-1 BATTERY 1326759 MBC/SLIM 37MB0650AC61Q 1 Level-2 LN CAB 1326760 MBC/SLIM 37DU065C1A000 1 Level-2 LN CAB Period of Performance for Line Item 1: Base Period- From: April/30/2010 thru April/29/2011 Option Period 1- From: April/30/2011 thru April/29/2012 Option Period 2- From: April/30/2012 thru April/29/2013 NOTE: Line Item 1 Award will be for the Base Period ONLY. Line Item 2: Service and Maintenance for UPS located at D11CC USCG BLDG 51-2 Alameda CA. 94501: Tag# Description Part# Annual PM Qty Coverage Type 1327106 NPOWER65-80 37SA065C0C6BA24 2 Level-1 1327107 MBC/SLIM 37MB0650CC61N 1 Level-2 LIN CAB 1327108 SEALED 37BP065XMJ1BNL 2 Level-1 BATTERY 1329788 MBC/SLIM 37DU065C2A000 1 Level-2 LN CAB Period of Performance for Line Item 2: Base Period- From: June/24/2010 thru June/23/2011 Option Period 1- From: June/24/2011 thru June/23/2012 Option Period 2- From: June/24/2012 thru June/23/2013 NOTE: Line Item 2 Award will be for the Base Period ONLY Quotations/Proposals: Contractors shall provide Firm Fixed Price(FFP) cost quotations/proposals for the Base Period and ALL Option Periods. The offeror shall provide FFP for ALL Line Items above, offers for less than All Line Items will not be considered. The government intends to award a contract resulting from this solicitation to the responsible bidder proposal conforming to the solicitation which will be most advantageous and BEST VALUE to the Government, price and other factors considered. FIRM FIXED Price Proposals/Quotations may be submitted on company letterhead stationary and must include the following information: Cage Code Number/DUNS Number, Cost breakdown, Unit Price, Extended Price, Delivery of Subscription, Payment Terms and discount offered for prompt payment. The closing date and time for receipt of offers is FEB/04/2010 @ 8:00 AM EST. Facsimile and E-mail quotes are acceptable and may be faxed to (757) 686-4018 or E-mailed to the primary POC James A. Lassiter Contracting Officer James.A.Lassiter@uscg.mil 2nd POC Ms. Carrie Houck Contracting Officer, USCG Carrie.F.Houck@uscg.mil *PLEASE NOTE* Offerors are to provide Firm Fixed Prices,by FEB/04/2010 @ 8:00am EST. The Anticipated Award Date for the Purchase Order Contract is FEB/04/2010, this date is approximate and not exact. The Following FAR Provisions apply to this Acquisition: FAR 52.212-1 Instructions to Offerors FAR 52.212-2 Evaluation-Commercial Items (a) Overall Best Value to the Government FAR 52.212-3 Offeror Representations and Certifications-Commercial Items, Offerors should be registered in CCR, Central Contractors Registration The Following FAR Clauses apply to this Acquisition: 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 The government intends to award a Purchase Order Contract resulting from this solicitation to the responsible bidder quotation conforming to the solicitation which will be most advantageous and Overall BEST VALUE to the Government, price and other factors considered. FAR 52.212-1 Instructions to Offerors-Commercial Items (JUN 2008), FAR 52.212-2 Evaluation-Commercial Items (JAN 1999)- award will be made to the Offeror proposing the Overall Best Value to the Government considering,Price, Technical Capability to provide the Service Maint, and Past Performance. (Provide the POC’s and ref Contracts of the 3 previous Contracts that were performed providing a SMA for the Items listed above) FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (AUG 2009) to include Alt I (APR 2002). These certifications must be included with quote and can be accessed and downloaded via FedBizOps with this RFQ. Contractors are encouraged to submit through http://orca.bpn.gov FAR 52.212-4 Contract Terms and Conditions –Commercial Items (MAR 2009) with the following addendas: FAR 52.217-5 Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of provision) FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 Days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months. (End of clause) This following clause 52.232-18 applies to the Option Periods Only. FAR 52.232-18 Availability of Funds. Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of clause) The USCG/Government is not bound nor required to Exercise any Options of this Purchase Order Contract. FAR 52.252-2 Clauses Incorporated by Reference (Jun 1998), the full text of the clause may be accessed electronically at Internet address http://www.arnet.gov/far; A Data Universal Numbering System (DUNS) Number is the primary identifier in FAR 52.204-7 Central Contractor Registration (CCR)(Jul 2006). Contractors are located and identified in CCR by their DUNS number. To facilitate payment via Electronic Funds Transfer – CCR, contractors should be registered in the CCR. A DUNS Number can be obtained via www.dnb.com and CCR registration can be obtained via www.ccr.dlis.dla.mil End of Clause FAR 52.212-5, Contract Terms and Conditions to Implement Statutes or Executive Orders –Commercial Items (DEC 2009), The following Clauses and others as indicated by the Contracting Officer as applicable shall apply to the awarded contract. FAR 52.222-3 Convict Labor (JUN 2003) (E.O. 11755) FAR 52.222-19 Child Labor-Cooperation with Authorities and Remedies (AUG 2009) (E.O. 13126) FAR 52.222-21 Prohibition of Segregated Facilities (FEB 1999) FAR 52.222-26 Equal Opportunity (MAR 2007)(E.O. 11246), FAR 52.222-35 Equal Opportunity for Special Disable Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006) (38 U.S.C. 4212), FAR 52.222-36 Affirmative Action for Workers with Disabilities (JUN 1998)(29 U.S.C. 793), FAR 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era, and Other Eligible Veterans (SEPT 2006)(38 U.S.C. 4212), FAR 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)(E.O. 12722,12724,13059.13067,13121, and 13129) FAR52.232-33 Payment by Electronic Funds Transfer-Central Contractor Registration (OCT 2003)(31 U.S.C. 3332) End of Clause The following clauses are incorporated by reference, entire clause(s) available at http://www.arnet.gov/far; HOMELAND SECURITY ACQUISITION REGULATION (48CFR CHAPTER 30) CLAUSES (can be accessed electronically at www.dhs.gov/dhspublic) HSAR 3052.209–70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUNE 2006). NOTICE TO OFFERORS CONCERNING REPRESENTATIONS AND CERTIFICATIONS: This solicitation contains FAR Clause 52.204-7, Central Contractor Registration and FAR Provision 52.204-8, Annual Representations and Certifications. In accordance with FAR 4.1201 prospective contractors are required to submit annual representations and certifications via the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. Please ensure completion prior to submission of your quote. Also note that paragraph (b) of FAR 52.204-8, applies. The following Statement/Information is in reference to this Acquisition being considered to be a Sole Source Acquisition based on the following as provided to the Contracting Officer and hereby agreed upon. Justification For Other Than Full and Open Competition (USCG D5 / D11 UPS WARRANTY RENEWALS) (a)Each justification shall contain sufficient facts and rationale to justify the use of the specific authority cited. As a minimum, each justification shall include the following information: (1)Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition." *The Department of Homeland Security, U.S. Coast Guard C2CEN, 4000 CG Blvd, Portsmouth, VA 23703, hereby presents this Justification for Other Than Full and Open Competition (JOTFOC) for review and approval. (2)Nature and/or description of the action being approved. *Warranty renewals for UPS systems installed at USCG D11 and D5 Command Centers. Note: Currently, both UPS systems are covered under existing Emerson / Liebert warranty contracts (3 year contracts) set to expire for the D5 UPS on 10 APRIL 2010, the D11UPS on 10 JUNE 2010. (3)A description of the supplies or services required to meet the agency's needs (including the estimated value). A Service Maintenance Agreement (SMA) for the UPS Units that will provide 3 year extensions to the current warranty service provided for both D11 and D5 Command Center UPS systems. Note: Currently, preventative maintenance visits/checkups are performed for both systems during normal business hours Monday-Friday every 6 months by Emerson / Liebert factory trained technicians. Post-maintenance reports are forwarded by the technician to C2CEN via OSCS Steven Corry. Level-1 Service defined: *Guaranteed 4-hour response 24 hours/day, 7 days/week *Emergency service labor and travel coverage *Parts coverage *Preventative Maintenance visits scheduled at customer’s convenience Level-2 Service defined: *Guaranteed 4-hour response 24 hours/day, 7 days/week *Emergency service labor and travel coverage *Parts coverage *Preventative Maintenance visits scheduled Monday-Friday, 8 am – 5 pm - Site, D5 Command Center, U.S. Coast Guard, 431 Crawford St, Portsmouth, VA 23704: - 3 YEAR PRICING, April 20, 2010 – April 29, 2013:$30K -Site, D11 Command Center, U.S. Coast Guard Building 51-2, Alameda, CA Portsmouth, VA 23704: - - 3 YEAR PRICING, June 23, 2010 – June22, 2013:$30K (4)An identification of the statutory authority permitting other than full and open competition. *6.302-1 (2) (ii) Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components there, of, when it is likely that award to any other source would result in a substantial duplication of cost to the Government. (5)A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. *Liebert Services Customer Engineers are factory trained specifically for components and parts associated with both UPS systems at D5 and D11. Both UPS systems were originally purchased by C2CEN from Emerson / Liebert and are currently maintained and serviced under an existing contract(s) purchased in 2007 that will soon expire. With the extension of warranty contracts for both D5 and D11’s UPS systems, a seamless extension of current warranty services will occur. Emerson Network Power’s Sole Source Service Provider document (included in this purchase request by OSCS Steven Corry) states on page 2 that if a contract is held with a third party vice with them going forward and a critical situation arises where Liebert Services is called to the site(s), the work performed will be billed back to the end user and not the third party. Because Liebert Corporation is a sole-source manufacturer/service provider, they do not support third party organizations with technical back-up or guarantee parts availability. (6)A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies. *Requirement shall be posted on Fed Biz Ops as a Sole Source Acq that only the OEM can provide this SMA, with a Statement that any Offerors that propose within 5 days of Posting will be considered by the Gov. (7)A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. *Prices offered will be compared to previous acquisitions. (8)A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. *Two companies, GTSI and APC, were contacted by OSCS Steven Corry and both reported that they are unable to provide the warranty services on the UPS systems as described by Emerson / Liebert. (9) Any other facts supporting the use of other than full and open competition, such as: (i) Explanation of why technical data packages, specifications, engineering descriptions, statements of work, or purchase descriptions suitable for full and open competition have not been developed or are not available. (ii) When 6.302-1 is cited for follow-on acquisitions as described in 6.302-1(a)(2)(ii), an estimate of the cost to the Government that would be duplicated and how the estimate was derived. (iii) When 6.302-2 is cited, data, estimated cost, or other rationale as to the extent and nature of the harm to the Government. * Emerson / Liebert Company will not guarantee the reliability of third party parts and/or equipment substituted in lieu of Emerson / Liebert recommended parts should they be installed for any reason. For these reasons and others previously detailed, it is strongly recommended that C2CEN continue its current warranty contract relationship(s) for the D5 and D11 UPS systems with Emerson / Liebert to ensure the future reliability of both systems as per original factory specifications. (10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. *None at this time. (11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. *None at this time. (12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief. (b) Each justification shall include evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs or schedule requirements or other rationale for other than full and open competition) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel. XXXXXX
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