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Document Type: PRESOL Posted Date: Aug 31, 2017 Category: Furnace, Steam Plant, Drying Equipment and Nuclear Reactors Set Aside: N/A
Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), Office of Marine and Aviation Operations, SSMC3 - Room 10350/NMAO2, 1315 East West Highway, 10th Floor, Silver Spring, Maryland, 20910, United States
Brand Name Justification Statement of Need Combined Synopsis/Solicitation (Best Value) The National Oceanic and Atmospheric Administration (NOAA), Office of Marine and Aviation Operations/Marine Operations Center - Pacific requires the acquisition and delivery of equipment to upgrade Vapor Power-brand boilers on the NOAA Ship Fairweather. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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) Solicitation number NMAN7200-17-01656 is issued as a request for quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. (iv) This acquisition is a total small business set-aside under NAICS code 324191, Petroleum lubricating oils made from refined petroleum; the small business size standard is 750 employees. (v) Line items are as follows: CLIN 1: Boiler Controls as listed in the attached statement of need. (vi) Description of requirements for the items to be acquired: Brand Name and required parts to provide for upgrade of Fairweathers two (2) Vapor Power boilers in accordance with the statement of need. (vii) Date(s) and place(s) of delivery and acceptance and FOB point. FOB Destination delivery is required October 1, 2017 at: NOAA SHIP FAIRWEATHER 2002 SE Marine Science Dr. Newport, OR 97365 (viii) The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition without addenda. (ix) The provision at 52.212-2, Evaluation-Commercial Items, applies to this acquisition. The specific evaluation criteria per in paragraph (a) of that provision is below: (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Ability to meet technical and brand name requirements Price Past Performance Factors are listed in order of importance. (b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offers specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of provision) (x) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items (DEVIATION 2017-01). The Offeror shall complete only paragraph (b) of the provision at FAR 52.212-3 if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of the provision. (xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition without addenda. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition the additional paragraph (b) FAR clauses cited in the clause are applicable to the acquisition as follows (listed by paragraph number): 4, 8, 14(i), 18, 22, 25, 26, 27, 28, 30, 33, 44, 51, 57 (xiii) Additional Federal Acquisition Regulation terms and conditions apply to this acquisition: 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/?q=browsefar (xiv) The following Federal Acquisition Regulation terms and conditions apply to this acquisition and are included by reference: 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017) 52.204-7 System for Award Management(Oct 2016) 52.211-6 Brand Name or Equal (AUG 1999) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.247-34 F.O.B. Destination (NOV 1991) 52.252-5 Authorized Deviations in Provisions (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (End of provision) 52.252-6 Authorized Deviations in Clauses (Apr 1984) (a) 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. (b) 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 name of the regulation. (End of clause) (xv) The following Department of Commerce and National Oceanic and Atmospheric terms and conditions apply to this acquisition: 1352.201-70, Contracting Officers Authority (APR 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. (End of clause) 1352.209-73, Compliance with the Laws (APR 2010) The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract. (End of clause) 1352.209-74, Organizational Conflict of Interest (APR 2010) (a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors: (1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract. (b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venture, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both. (c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractors knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractors impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest. (d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract. (e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Governments rights. (f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractors organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractors potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractors own risk. (g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof. (End of clause) 1352.215-72 Inquiries. Offerors must submit all questions concerning this solicitation in writing to email@example.com. Questions should be received no later than one (1) calendar day after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will 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. (End of clause) 352.233-70 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 64 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: Marine Operations Attn: Beverly J. Parker, Contracting Officer 2002 SE Marine Science Drive Newport, Oregon 97365 Email: Beverly.firstname.lastname@example.org (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: Barry Berkowitz Senior Procurement Executive 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: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW. Washington DC 20230. Fax: (202) 482-5858. (End of clause) 1352.233-71 GAO and Court of Federal Claims protests (APR 2010) (a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed. (b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims. (c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, NW. Washington DC 20230 Fax: (202) 482-5858. (End of clause) 1330-52.215-70 Schedule of Deliverables Following is a schedule of all deliverables, including administrative deliverables, required during the period of performance of this contract: Item Description Quantity Due Date Deliver to Reference 1 control panel with legs 2 10/1/17 See SoN SoN 2 Linkageless burner control system with display module 2 10/1/17 See SoN SoN 3 Touch screen operator interface. 2 10/1/17 See SoN SoN 4 Variable frequency drive 2 10/1/17 See SoN SoN 5 Flow meter for low water protection 2 10/1/17 See SoN SoN 6 Motor starters with circuit breakers and overload protection 2 10/1/17 See SoN SoN 7 Control circuit transformer 2 10/1/17 See SoN SoN 8 Alarm horn 2 10/1/17 See SoN SoN 9 Any other controls required 2 10/1/17 See SoN SoN 10 Wiring and Piping diagram conversion drawings 2 10/1/17 See SoN SoN 11 ABS class approvals 2 10/1/17 See SoN SoN NOAA Acquisition Alert Notification 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 from. 3. Identify constraints in transparency and process. 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 officers 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 Ombudsmans 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, etc.). 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 U.S. Government. 7. The AGO Ombudsman is not NOAAs 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 this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at Rafael.Roman@noaa.gov. (End of solicitation and contract language) Offeror must be aware of and comply with all safety requirements of Fairhaven Shipyard for delivery of oil over water. (xvi) Defense Priorities and Allocations Systems (DPAS) and assigned ratings is not applicable. (xvii) Offers shall be submitted electronically via email to email@example.com no later than 1700 hrs PST, September 7, 2017. (xviii) Contact Joel Heisler at (541) 867-8763 or firstname.lastname@example.org for information regarding this solicitation.
POC Joel Heisler, Phone: 641-867-8763, BEVERLY J PARKER, Phone: 541-867-8730
NOAA SHIP FAIRWEATHER, 2002 SE Marine Science Dr., Newport, Oregon, 97365, United States
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