MODIFICATION
W -- The lease of one modular office space unit and five modularworkspace units for delivery in the Kingdom of Bahrain.
- Notice Date
- 4/12/2012
- Notice Type
- Modification/Amendment
- NAICS
- 332439
— Other Metal Container Manufacturing
- Contracting Office
- N55236 SOUTHWEST REGIONAL MANTENANCE CENTER - SAN DIEGO P.O. Box367108 3755 Brinser Street Suite 1 San Diego, CA
- ZIP Code
- 00000
- Solicitation Number
- N5523612Q0026
- Response Due
- 4/17/2012
- Archive Date
- 5/2/2012
- Point of Contact
- Christina Bowman 619-556-1171 Christina Bowman: (619)556-1171,christina.m.bowman@navy.mil
- E-Mail Address
-
d
- Small Business Set-Aside
- N/A
- Description
- Rev. 1 This is a combined synopsis/solicitation for commercial items prepared inaccordance with the format in Subpart 12.6, as supplemented with additionalinformation included in this notice. This announcement constitutes the onlysolicitation; proposals are being requested and a written solicitation willnot be issued. The Request for Quotation (RFQ) N55236-12-Q-0026 is issued asan unrestricted purchase. The applicable North American IndustryClassification System (NAICS) code is 332439 'Other metal containermanufacturing.' This solicitation document and incorporated provisions andclauses are those in effect through Federal Acquisition Circular 2005-57(Effective on 15 Mar 2012). DESCRIPTION: The requirement is for a firm-fixed-price (FFP) purchase order;Contract Line Item No. (CLIN) 0001 is for the leasing of five (5) modular workspace units suitablefor machine shop work (40'L x 8'W x 8'6'H) and for one (1)modular office space unit suitable and furnished for up to four (4) people(40'L x 8'W x 8'6'H). CLIN 0001 01 JUN 2012 - 31 MAY 2013; Base Year CLIN 0002 01 JUN 2013 - 31 MAY 2014; Option Year 1 CLIN 0003 01 JUN 2014 - 31 MAY 2015; Option Year 2 CLIN 0004 01 JUN 2015 - 31 MAY 2016; Option Year 3 CLIN 0005 01 JUN 2016 - 31 MAY 2017; Option Year 4 The period of performance is 01 JUN 2012 through 31 MAY 2013; for one baseyear and four additional option years. Delivery is to the Kingdom ofBahrain, Quay Wall/Berth 14. No exceptions or extensions to the delivery date shall be accepted. Referto Attachments (1) and (2) for the entire statements of work. Offerors shallinclude all expenses; to include the mobilization, demobilization andtransportation costs to Bahrain in the quotes. The quoter shall providelayouts of all proposed modular units; to include salient characteristics ofeach specific unit. PACKAGING REQUIREMENTS: Packaging and preservation shall be performed inaccordance with the best commercial practices to afford maximum protectionagainst damage. DELIVERY INSTRUCTIONS: Item shall be priced at F.O.B. Destination and shallbe delivered in accordance with the attached statements of work. Inspection and acceptance shall be at destination by the Government. Thecontractor shall be responsible for the mobilization and demobilization ofthe modular units, and all debris and discarded materials, at the beginningand end of the agreed upon contract dates; in accordance with local laws andregulations. 52.212-2 Evaluation -- Commercial Items (Jan 1999): (a) The Government will award a contract resulting from this solicitation tothe responsible quoter whose quote conforming to the solicitation will bemost advantageous to the Government, price and other non-price factorsconsidered. The non-price factors are listed in descending order ofimportance. The following factors shall be used to evaluate quotes: (i) On-time Delivery. (ii) Technical capability of the items offered to meet theGovernment's requirement including illustrations and floor plans of themodular units. (iii) Past Performance (including the subfactors of technical,schedule, and management). (iv) Compliance with the Trade Agreements Act and the Buy AmericanAct. (v) Price. The items will be evaluated by the Government to see if they meet therequirements as stated in this solicitation and the statements of work. Aquote that does not meet all the Government's requirements will beconsidered unacceptable and shall be ineligible for award. Vendors shallsubmit with their quote (1) a technical capability statement andillustrations and floor plans of the proposed modular units, (2) deliverydate of modular units to destination in Bahrain, (3) five past performancereferences, (4) completion of FAR 52.225-2 Buy American Act Certificationand FAR 52.225-6 Trade Agreements Certificate. All non-price evaluation factors, when combined, are significantly moreimportant than price. (b) Options. Offerors shall be responsible for the latest revisions of allreferences, specifications and standards in effect at time of proposalclosing and at the time options are exercised. (c) A written notice of award or acceptance of a quote mailed or otherwisefurnished to the successful quoter within the time for acceptance specifiedin the quote, shall result in a binding contract without further action byeither party. Before the quote's specified expiration time, the Governmentmay accept a quote (or part of a quote), whether or not there arenegotiations after its receipt, unless a written notice of withdrawal isreceived before award. (d) Quoters shall be determined responsible in accordance with FAR 9.104-1.The price proposal shall state the unit cost and total price of the itemrequired, inclusive of shipping to the destination listed above. APPLICABLE PROVISIONS AND CLAUSES: 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 tothe Contractor within 30 days; provided that the Government gives theContractor a preliminary written notice of its intent to extend at least 60days days before the contract expires. The preliminary notice does notcommit the Government to an extension. (b) If the Government exercises this option, the extended contract shall beconsidered to include this option clause. (c) The total duration of this contract, including the exercise of anyoptions under this clause, shall not exceed 60 months. (End of clause) 52.225-1 -- Buy American Act-Supplies (Feb 2009) (a) Definitions. As used in this clause-- "Commercially available off-the-shelf (COTS) item"- (1) Means any item of supply (including construction material) that is- (i) A commercial item (as defined in paragraph (1) of the definition at FAR2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at anytier, without modification, in the same form in which it is sold in thecommercial marketplace; and (2) Does not include bulk cargo, as defined in section 3 of the Shipping Actof 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleumproducts. "Component" means an article, material, or supply incorporated directly intoan end product. "Cost of components" means-- (1) For components purchased by the Contractor, the acquisition cost,including transportation costs to the place of incorporation into the endproduct (whether or not such costs are paid to a domestic firm), and anyapplicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated withthe manufacture of the component, including transportation costs asdescribed in paragraph (1) of this definition, plus allocable overheadcosts, but excluding profit. Cost of components does not include any costs associated with themanufacture of the end product. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; (2) An end product manufactured in the United States, if- (i) The cost of its components mined, produced, or manufactured in theUnited States exceeds 50 percent of the cost of all its components.Components of foreign origin of the same class or kind as those that theagency determines are not mined, produced, or manufactured in sufficient andreasonably available commercial quantities of a satisfactory quality aretreated as domestic. Scrap generated, collected, and prepared for processingin the United States is considered domestic; or (ii) The end product is a COTS item. "End product" means those articles, materials, and supplies to be acquiredunder the contract for public use. "Foreign end product" means an end product other than a domestic endproduct. "United States" means the 50 States, the District of Columbia, and outlyingareas. (b) The Buy American Act (41 U.S.C. 10a-10d) provides a preference for domestic end products for suppliesacquired for use in the United States. In accordance with 41 U.S.C. 431, thecomponent test of the Buy American Act is waived for an end product that isa COTS item (See 12.505(a)(1)). (c) Offerors may obtain from the Contracting Officer a list of foreignarticles that the Contracting Officer will treat as domestic for thiscontract. (d) The Contractor shall deliver only domestic end products except to theextent that it specified delivery of foreign end products in the provisionof the solicitation entitled "Buy American Act Certificate." (End of clause) 52.225-2 -- Buy American Act Certificate (Feb 2009) (a) The offeror certifies that each end product, except those listed inparagraph (b) of this provision, is a domestic end product and that forother than COTS items, the offeror has considered components of unknownorigin to have been mined, produced, or manufactured outside the UnitedStates. The offeror shall list as foreign end products those end productsmanufactured in the United States that do not qualify as domestic endproducts, i.e., an end product that is not a COTS item and does not meet thecomponent test in paragraph (2) of the definition of "domestic end product."The terms "commercially available off-the-shelf (COTS) item," "component,""domestic end product," "end product," "foreign end product," and "UnitedStates" are defined in the clause of this solicitation entitled "BuyAmerican Act-Supplies." (b) Foreign End Products: Line Item No.: Country of Origin: [List as necessary] (c) The Government will evaluate offers in accordance with the policies andprocedures of Part 25 of the Federal Acquisition Regulation. (End of Provision) 52.225-5 -- Trade Agreements (Mar 2012) (a) Definitions. As used in this clause -- "Caribbean Basin country end product" (1) Means an article that- (i) (A) Is wholly the growth, product, or manufacture of a Caribbean Basincountry; or (B) In the case of an article that consists in whole or in part of materialsfrom another country, has been substantially transformed in a CaribbeanBasin country into a new and different article of commerce with a name,character, or use distinct from that of the article or articles from whichit was transformed; and (ii) Is not excluded from duty-free treatment for Caribbean countries under19 U.S.C. 2703(b). (A) For this reason, the following articles are not Caribbean Basin countryend products: (1) Tuna, prepared or preserved in any manner in airtight containers; (2) Petroleum, or any product derived from petroleum; (3) Watches and watch parts (including cases, bracelets, and straps) ofwhatever type including, but not limited to, mechanical, quartz digital, orquartz analog, if such watches or watch parts contain any material that isthe product of any country to which the Harmonized Tariff Schedule of theUnited States (HTSUS) column 2 rates of duty apply (i.e., Afghanistan, Cuba,Laos, North Korea, and Vietnam); and (4) Certain of the following: textiles and apparel articles; footwear,handbags, luggage, flat goods, work gloves, and leather wearing apparel; orhandloomed, handmade, and folklore articles; (B) Access to the HTSUS to determine duty-free status of articles of thesetypes is available at http://www.usitc.gov/tata/hts/. In particular, see the following: (1) General Note 3(c), Products Eligible for Special Tariff treatment. (2) General Note 17, Products of Countries Designated as BeneficiaryCountries under the United States-Caribbean Basin Trade Partnership Act of2000. (3) Section XXII, Chapter 98, Subchapter II Articles Exported and Returned,Advanced or Improved Abroad, U.S. Note 7(b). (4) Section XXII, Chapter 98, Subchapter XX Goods Eligible for SpecialTariff Benefits under the United States-Caribbean Basin Trade PartnershipAct; and (2) Refers to a product offered for purchase under a supply contract, butfor purposes of calculating the value of the acquisition, includes services(except transportation services) incidental to the article, provided thatthe value of those incidental services does not exceed that of the articleitself. "Designated country" means any of the following countries: (1) A World Trade Organization Government Procurement Agreement country(Armenia, Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic,Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary,Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia,Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland,Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden,Switzerland, Taiwan (known in the World Trade Organization as "the SeparateCustoms Territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei))", orUnited Kingdom); (2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, CostaRica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republicof), Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin,Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad,Comoros, Democratic Republic of Congo, Djibouti, East Timor, EquatorialGuinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati,Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania,Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal,Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda,Vanuatu, Yemen, or Zambia); or (4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas,Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica,Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius,Sint Maarten, or Trinidad and Tobago). "Designated country end product" means a WTO GPA country end product, an FTAcountry end product, a least developed country end product, or a CaribbeanBasin country end product. "End product" means those articles, materials, and supplies to be acquiredunder the contract for public use. "Free Trade Agreement country end product" means an article that-- (1) Is wholly the growth, product, or manufacture of a Free Trade Agreement(FTA) country; or (2) In the case of an article that consists in whole or in part of materialsfrom another country, has been substantially transformed in an FTA countryinto a new and different article of commerce with a name, character, or usedistinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract,but for purposes of calculating the value of the end product includesservices (except transportation services) incidental to the article,provided that the value of those incidental services does not exceed that ofthe article itself. "Least developed country end product" means an article that-- (1) Is wholly the growth, product, or manufacture of a least developedcountry; or (2) In the case of an article that consists in whole or in part of materialsfrom another country, has been substantially transformed in a leastdeveloped country into a new and different article of commerce with a name,character, or use distinct from that of the article or articles from whichit was transformed. The term refers to a product offered for purchase under a supply contract,but for purposes of calculating the value of the end product, includesservices (except transportation services) incidental to the article,provided that the value of those incidental services does not exceed that ofthe article itself. "United States" means the 50 States, the District of Columbia, and outlyingareas. "U.S.-made end product" means an article that is mined, produced, ormanufactured in the United States or that is substantially transformed inthe United States into a new and different article of commerce with a name,character, or use distinct from that of the article or articles from whichit was transformed. "WTO GPA country end product" means an article that-- (1) Is wholly the growth, product, or manufacture of a WTO GPA country; or (2) In the case of an article that consists in whole or in part of materialsfrom another country, has been substantially transformed in a WTO GPAcountry into a new and different article of commerce with a name, character,or use distinct from that of the article or articles from which it wastransformed. The term refers to a product offered for purchase under a supply contract,but for purposes of calculating the value of the end product includesservices, (except transportation services) incidental to the article,provided that the value of those incidental services does not exceed that ofthe article itself. (b) Delivery of end products. The Contracting Officer has determined thatthe WTO GPA and FTAs apply to this acquisition. Unless otherwise specified,these trade agreements apply to all items in the Schedule. The Contractorshall deliver under this contract only U.S.-made or designated country endproducts except to the extent that, in its offer, it specified delivery ofother end products in the provision entitled "Trade Agreements Certificate." (End of clause) 52.225-6 -- Trade Agreements Certificate (Jan 2005) (a) The offeror certifies that each end product, except those listed inparagraph (b) of this provision is a U.S.-made or designated country endproduct, as defined in the clause of this solicitation entitled "TradeAgreements." (b) The offeror shall list as other end products those supplies that are notU.S.-made or designated country end products. Other End Products Line Item No. Country of Origin: [List as necessary] (c) The Government will evaluate offers in accordance with the policies andprocedures of Part 25 of the Federal Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offersof U.S.-made or designated country end products without regard to therestrictions of the Buy American Act. The Government will consider for awardonly offers of U.S.-made or designated country end products unless theContracting Officer determines that there are no offers for such products orthat the offers for those products are insufficient to fulfill therequirements of this solicitation. (End of Provision) Quotes received without the completed copy of the provision at FAR 52.212-3may be considered non-compliant. Lack of registration in the CentralContractor Registration (CCR) database will make a quoter ineligible foraward. The FAR requires the use of the Online Representations and CertificationsApplication (ORCA) in Federal solicitations as a part of the proposalsubmission process to satisfy FAR 52.212-3. More information on ORCA is found at https://orca.bpn.gov/login.aspx.Quoters who've completed ORCA should notify the contract specialist beforesolicitation's closing date and time so it can be downloaded by theprocuring contracting office. The full text of FAR and DFAR provisions and clauses may be accessed athttp://www.arnet.gov/far/ andhttp://www.acq.osd.mil/dpap/dars/dfars/index.htm, respectively. The following FAR provisions and clauses apply to this acquisition and areincorporated by reference:. 52.204-7 Central Contractor Registration (Feb 2012). 52.212-1 Instructions to Offerors Commercial Items (Feb 2012). 52.212-3 Offeror Representations and Certifications- CommercialItems (Apr 2012). 52.212-4 Contract Terms and Conditions Commercial Items (Feb2012). 52.212-5 Contract Terms and Conditions Required to ImplementStatutes or Executive Orders Commercial Items (Apr 2012). 52.242-17 Government Delay of Work (Apr 1984). 52.247-34 F.O.B. Destination (Nov 1991). 52.217-5 Evaluation of Options (Jul 1990) The following clauses incorporated in 52.212-5 are also applicable:. 52.222-3 Convict Labor (June 2003). 52.222-19 Child Labor Cooperation with Authorities and Remedies(Mar 2012). 52.222-21 Prohibition of Segregated Facilities (Feb 1999). 52.222-26 Equal Opportunity (Mar 2007). 52.222-36 Affirmative Action for Workers with Disabilities (Oct2010). 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008). 52.232-33 Payment by Electronic Funds Transfer CentralContractor Registration (Oct 2003) The following DFAR provisions and clauses apply to this acquisition and areincorporated by reference:. 252.204-7003 Control of Government Personnel Work Product (Apr1992). 252.204-7004 Alternate A, Central Contractor Registration (Sep2007). 252.212-7001 Contract Terms and Conditions Required to ImplementStatutes or Executive Orders Applicable to Defense Acquisitions orCommercial Items (Mar 2012). 252.225-7000 Buy American Act - Balance of Payments ProgramCertificate (Dec 2009). 252.225-7002 Qualifying Country Sources as Subcontractors (Apr2003). 252.232-7010 Levies on Contract Payments (Dec 2006). 252.243-7001 Pricing of Contract Modifications (Dec 1991) The following clauses incorporated in 252.212-7001 are also applicable:. 252.203-7000 Requirements Relating to Compensation of Former DoDOfficials (Sep 2011). 252.225-7001 Buy American Act and Balance of Payments Program(Oct 2011). 252.232-7003 Electronic Submission of Payment Requests (Mar2008). 252.247-7023 Transportation of Supplies by Sea (May 2002) The following RMC clause applies to this acquisition and is incorporated byfull text:. RMC G-2-0052 AUTHORIZED CHANGES ONLY BY THE CONTRACTINGOFFICER (JAN 1992) a. Except as specified in paragraph (b) below, no order, statement, or conductof Government personnel who visit the Contractor's facilities or in anyother manner communicates with Contractor personnel during the performanceof this contract shall constitute a change under the 'Changes'clause of this contract. b. The Contractor shall not comply with any order,direction or request of Government personnel unless it is issued in writingand signed by the Contracting Officer, or is pursuant to specific authorityotherwise included as a part of this contract. The Contracting Officer is the only person authorized to approve changes inany of the requirements of this contract and, notwithstanding provisionscontained elsewhere in this contract, the said authority remains solely theContracting Officer's. In the event the contractor effects any change at the direction of anyperson other than the Contracting Officer, the change will be considered tohave been made without authority and no adjustment will be made in thecontract price to cover any increase in charges incurred as a resultthereof. WARRANTY: The offerors commercial warranty shall apply and should be statedin the proposal. The information should be a brief statement that a warrantyexists, the substance of the warranty, the duration, and claim procedures. DEADLINE FOR RFQ QUESTIONS: All questions regarding this requirement shallbe submitted electronically to Christina Bowman, email:christina.m.bowman@navy.mil, no later than 12 APR 2012 at 1100 PST to allowadequate time to prepare a response. All quotes and technical capability statements, past performance referenceinformation, delivery dates information, and completion of FAR 52.225-2 and52.225-6, together with the quoter's signed amendment(s), if applicable,must be submitted to the following address: Southwest Regional Maintenance Center, Naval Station San Diego, Attn:Christina Bowman, Bldg. 77, Naval Station San Diego, 3755 Brinser Street, San Diego, CA 92136-0267,or e-mailed to: Christina Bowman, email: christina.m.bowman@navy.mil andBernard Loeffler, email: bernard.loeffler@navy.mil. Offerors shall ensure quotes, technical capability statements, pastperformance reference information, delivery information, completion of FAR52.225-2 and 52.225-6, and signed amendment(s) are received by thecontracting officer by 17 APR 2012 at 1100 PST. Offerors shall provide theorigin plate of manufacture of the modular units with the quote. Nofacsimile quotes will be accepted. All quotes must be clearly marked withRFQ No. N55236-12-Q-0026. Offerors shall ensure quotes include the totalamount for the entire period of performance. No telephone calls of quotes will be accepted. Refer to Attachments (1)and (2) for full statements of work. Potential offerors shall monitor theNavy Electronic Commerce Online (NECO) Web site for any and all changes tothe combined synopsis/solicitation and the statements of work. The offeroris solely responsible for monitoring and incorporating any and allamendments which may be issued under this solicitation. Amendments to thecombined synopsis/solicitation will be posted to the NECO website. Offerorsshall sign and submit amendment(s) with their quote before the closing dateand time. SWRMC POC: Christina Bowman, christina.m.bowman@navy.mil, phone619-556-1171. Alternate POC: Bernard Loeffler, bernard.loeffler@navy.mil,phone 619-556-2326.
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