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FBO DAILY ISSUE OF SEPTEMBER 16, 2011 FBO #3583
MODIFICATION

81 -- Steel Storage Containers 8' x 8'6" x 20'

Notice Date
9/14/2011
 
Notice Type
Modification/Amendment
 
NAICS
423840 — Industrial Supplies Merchant Wholesalers
 
Contracting Office
USPFO for Kentucky, Boone National Guard Center, Building 120, 120 Minuteman Parkway, Frankfort, KY 40601-6192
 
ZIP Code
40601-6192
 
Solicitation Number
10072307
 
Response Due
9/22/2011
 
Archive Date
11/21/2011
 
Point of Contact
Diane Hutchinson, 502-607-1390
 
E-Mail Address
USPFO for Kentucky
(diane.hutchinson@us.army.mil)
 
Small Business Set-Aside
Total Small Business
 
Description
This modification to the original combined synopsis/solicitation changes the response date to 22 September at 4:00 PM EST, and adds clause 52.219-6 Total small business set-aside. Combined Synopsis/Solicitation: 10072307 This solicitation is issued as a Small Business Set-Aside, Request for Quotation (RFQ). The applicable NAICS code is 423840 and small business size standard is 100 employees. The Kentucky Army National Guard requires the following items: 13 Each 8' x 8' 6" x 20', 14 gauge steel ISO Storage Containers (Used). Containers should be wind and water tight with working doors and locks. Require turbine vents to be installed and painted tan. The Army National Guard intends to award a single, Firm Fixed Price contract for this award. Federal Acquisition Regulation (FAR) provision at 52.212-1, Instruction to Offerors---Commercial, applies to this acquisition. Award will be made on the basis of lowest-price technically acceptable as authorized by FAR Part 13, Simplified Acquisition Procedures (SAP). Provision for Evaluation: Award will be made to the responsible contractor (see FAR Part 9) whose quote represents the lowest overall price while meeting the technical requirements. In accordance with FAR Subpart 13.106-1, the Government will consider the following for award in no particular order: Lowest Priced, Technically Acceptable. The Government intends to evaluate quotes and make award without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offerors initial quote should contain the offerors best terms. Do not assume you will have the opportunity to clarify, discuss or revise your offer. Offerors may, at the discretion of the Government, be asked to provide more information and clarification regarding their offer/quote. Request for such information does not constitute discussions. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. 1. Offers must include cost by LIN for the quantity specified per item for evaluation. Pricing must be submitted in the below format. Separate shipping charges are not allowed. All pricing must be FOB Destination, (i.e. shipping/freight charges included in the cost of the offer). Ship to addresses are as follows: 10 Each Delivered, off-loaded and put in place to 299th Chemical Company, 1218 Pope Drive, Maysville, KY 41056-0280. 3 Each Delivered and off-loaded to HQs, 138th FiB, 4301 Airport Road, Lexington, KY 40510 Item Description\\QTY\PRICE 8' x 8'6" x 20' Storage Container (Maysville Delivery) 10 Each X $_________ = ___________ 8' x 8'6" x 20' Storage Container (Lexington Delivery) 3 EACH X $___________ = ____________ Total Offer $:____________________ Proposed Delivery Date: ______________________ Additional Information for Offerors: 2. Offers are due 22 September 2011 by 4:00 p.m. Eastern Time. Oral quotations will not be accepted. Email offers to diane.hutchinson@us.army.mil or via' Fax to 502-607-1424 Attn: Diane Hutchinson. (ii.) Any questions shall be addressed to Diane Hutchinson, Contracting Officer, 502-607-1390 or email diane.hutchinson@us.army.mil No questions will be allowed or answered after the time offers are due. 3. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-53, as of 4 August 2011 found on https://www.acquisition.gov/far/ 4. This solicitation is full and open competition. The North American Industry Classification System (NAICS) code is 423840 and the size standard is 100 Employees. 5. STATEMENT OF WORK The following clauses and provisions apply to this acquisition: This solicitation incorporates one or more solicitation provisions by reference, the clauses are in effect with the same force and effect as is they were given in full text. The full text of a clause/provision may be accessed electronically at: http://farsite.hill.af.mil FAR 52.203-3 Gratuities FAR 52.203-6 Alt I Restrictions on Subcontractor Sales to the Government FAR 52.204-7, Central Contractor Registration FAR 52.209-7 Information Regarding Responsibility Matters FAR 52.212-1 Instructions to Offerors--Commercial Items FAR 52.212-3 Offerors Representations and Certifications - Commercial Items ALT I FAR 52.212-4 Contract Terms and Conditions - Commercial Items (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.2331, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices. An invoice must include- (1) Name and address of the Contractor; (2) Invoice date; (3) Contract number, contract line item number and, if applicable, the order number; (4) Description, quantity, unit of measure, unit price and extended price of the items delivered; (5) Shipping number and date of shipment including the bill of lading number and weight of shipment if shipped on Government bill of lading; (6) Terms of any prompt payment discount offered; (7) Name and address of official to whom payment is to be sent; and (8) Name, title, and phone number of person to be notified in event of defective invoice. Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A125, Prompt Payment. Contractors are encouraged to assign an identification number to each invoice. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125, Prompt Payment. If the Government makes payment by Electronic Funds Transfer (EFT), see 52.2125(b) for the appropriate EFT clause. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 327, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, with the following applicable clauses in paragraph (b): FAR 52.203-6 Alt. I, Restrictions on Subcontractor Sales to the Government FAR 52.219-6 Notice of Total Small Business Set-Aside FAR 52.219-8 DEVIATION, Utilization of Small Business Concerns DEVIATION FAR 52.219-9 (ALT II) Small Business Subcontracting Plan ALT II FAR 52.219-14 Limitations on Subcontracting FAR 52.219-16 Liquidated Damages FAR 52.219-28 Post-Award Small Business Program Re-representation FAR 52.222-3, Convict Labor FAR 52.222-21 Prohibition of Segregated Facilities FAR 52.222-26 Equal Opportunity FAR 52.222-35 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans FAR 52.222-36 Affirmative Action for Workers with Disabilities FAR 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era and Other Eligible Veterans FAR 52.222-50, Combating Trafficking in Persons FAR 52.222-54 Employment Eligibility Verification FAR 52.225-13, Restrictions on Certain Foreign Purchases FAR 52.232-33, Payment by Electronic Funds Transfer Central Contractor Registration FAR 52.233-3 Protest after Award FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.224-1 Privacy Act Notification FAR 52.252-1 Solicitation Provisions Incorporated by Reference (http://farsite.hill.af.mil) FAR 52.252-5 Authorized Deviations in Provisions This solicitation incorporates one or more solicitation DFARS clauses by reference, with the same force and effect as is they were given in full text. DFARS 252.201-7000 Contracting Officer's Representative DFARS 252.203-7002 Requirement to inform Employees of Whistleblower Rights DFARS 252.212-7000 Offeror Representations and Certifications--Commercial Items DFARS 252.204-7004 Required Central Contractor Registration Alternate A DFARS 252.212-7001, Contract Terms and Conditions Required to Implement Statutes and Executive Orders Commercial Items, with the following clauses incorporated by reference DFARS 252.225-7001, Buy American Act and Balance of Payments Program; DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 Levies on Contract Payments; Notice: Contractor performance may be evaluated in accordance with policy at FAR 42.1502. DFARS 252.247-7023 Transportation of Supplies by Sea
 
Web Link
FBO.gov Permalink
(https://www.fbo.gov/spg/USA/NGB/DAHA15/10072307/listing.html)
 
Place of Performance
Address: USPFO for Kentucky Boone National Guard Center, Building 120, 120 Minuteman Parkway Frankfort KY
Zip Code: 40601-6192
 
Record
SN02577366-W 20110916/110915001341-22d6a790441000945a2fe88d8a397cd9 (fbodaily.com)
 
Source
FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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