23--Notification of Award for Shower and Restroom Trailers for Camp Edwards, Massachusetts

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-30, effective February 17, 2009. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is W912SV-09-R-0004 and is issued as a request for proposals (RFP), unless otherwise indicated herein. This will be a 100% Small Business Set Aside acquisition under NAICS code 562991, with a small business size standard of $7.0M. SPECIFICATIONS: This solicitation is for the rental of (1) Quantity of one each portable shower trailer with: 1. 16 private shower stalls with curtains separated by gender with approximately 6 designated as female and 10 as male 2. Private dressing areas for each gender 3. Each shower needs to have hot water/cold water temperature control 4. 2,000 gallon on-board water storage reservoir 5. 80 Gallon on demand hot water tank non-recoverable/electric or propane powered 6. Electric heat with controlled thermostat 7. Complete ventilation system 8. Minimum of six sinks and mirrors (2) Quantity of two each portable restroom trailers with: 1. Minimum of 5 toilets and two sinks for each gender per trailer 2. Electric heat with controlled thermostat Government shall provide water source for up to one inch diameter fitting, electric power source and waste disposal point under or near trailers. The resulting contract will include delivery, set-up, tear down, and removal of trailers to Camp Edwards Training Site in Massachusetts. The contractor shall be responsible to provide emergency repairs resulting from normal wear-and-tear to the trailers as necessary within 24 hours of being notified of the emergency. The Government shall be responsible for cleaning the trailers during the requested period of performance. The trailers need to be delivered and fully operational no later than March 1, 2009 and to remain in place until September 30, 2009. EVALUATION FACTORS: The Government intends to award a Firm Fixed Price (FFP) contract based on the lowest price technically acceptable proposal as a result of this combined synopsis/solicitation. To be considered technically acceptable the offeror will have to: (1)provide a quality product that meets or exceeds the requirements listed in the SPECIFICATIONS paragraph of this document (2)meet the delivery/installation deadline of March 1, 2009 INSTRUCTIONS: Offers shall include (1) a detailed proposal that shows the monthly rental cost including delivery, set-up, tear down, removal, and repairs for the following: CLIN 0001 (1) each 16 Stall Shower Trailer CLIN 0002 (2) each Restroom Trailers CLIN 0003 Compliance with Manpower Reporting Cost (2)a detailed description of the trailers that are being offered for use. (3)completed provision at FAR 52.212-3 Alt 1, Offeror Representations and Certifications Commercial Items, DFARS 252.212-7000, Offeror Representations and Certifications Commercial Items and DFARS 252.225-7000, Buy American ActBalance of Payment Certificate, or a completed registration on the ORCA website at https://orca.bpn.gov. Failure to provide the above listed items with your offer may cause your offer to be considered non-responsive. Proposals shall be received NLT 4:00 PM eastern standard time on Tuesday February 24, 2009. Offers may be sent via email to SPC Melissa Larson at contact@example.gov AND p&contact@example.gov or delivered to Purchasing and Contracting 50 Maple Street Milford, MA 01757 to the attention of SPC Melissa Larson (+1 (555) 000-0000). All offers shall be clearly marked with solicitation number W912SV-09-R-0004. Offers sent via facsimile will not be accepted. Questions regarding this solicitation must be in writing and may be sent via email to the addresses above. ADDITIONAL INFORMATION: 1. In accordance with FAR 52.212-1(k), prospective awardees shall be registered and active in the CCR database prior to award. Offerors may obtain information on registration at www.ccr.gov. And also in accordance with FAR 52.212-3, Offeror Representations and Certifications Commercial Items, Offerors shall have completed registration on the ORCA website at https://orca.bpn.gov. 2. Invoicing instructions. a. Invoices shall be submitted on a monthly basis to the Contracting Officers Representative (COR) with a courtesy copy to USPFO-MA, Purchasing & Contracting, 50 Maple Street, Milford, MA 01757. b. The Contracting Officer's Representative for Camp Edwards shall review the invoice and complete a copy of a DD Form 250 indicating acceptance of the services. The COR shall forward the completed copy of the DD 250 to USPFO-MA, Purchasing and Contracting, 50 Maple Street, Milford, MA 01757. c. The Contracting Officer shall forward copies of the invoice and DD Form 250 to USPFO Fiscal Office, 50 Maple Street, Milford, MA 01757 for payment. Note: The Massachusetts Army National Guard will soon be implementing Wide Area Work Flow (WAWF), a web-based, electronic invoicing system. Invoice payments will be made through WAWF once implemented. Complete instructions on WAWF procedures as they relate to this contract shall be furnished. Vendors who are unfamiliar with WAWF may start training on the system at www.wawftraining.com. However, until the Massachusetts Army National Guard implements WAWF, the above stated procedures will remain in effect. CONTRACTOR MANPOWER REPORTING: The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officers Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Estimated direct labor hours (including sub-contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-contractors); (7) total payments (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each Sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where contractor and sub-contractors perform the work (specified by zip code in the Untied States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 Oct of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractors systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site. APPLICABLE PROVISIONS AND CLAUSES: The following clauses and provision are incorporated by reference. FAR and DFARS clauses and provisions can be read in their full text at http://farsite.hill.af.mil. The clauses are to remain in full force in any resultant contract: Clauses Incorporated by Reference: 52.204-4 Printed or Copied Double-Sided on Recycled Paper 52.204-7 Central Contractor Registration 52.212-1 Instruction to OfferorsCommercial Items 52.212-3 Alt. 1 Offeror Representations and Certifications -- Commercial Items 52.212-4 Contract Terms and Conditions -- Commercial Items 52.223-5 Pollution Prevention and Right-to-Know Information 52.228-5 Insurance Work On A Government Installation 52.237-1 Site Visit 52.237-2 Protection Of Government Buildings, Equipment, And Vegetation 252.201-7000 Contracting Officers Representative 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country 252.212-7000 Offeror Representations and Certifications--Commercial Items 252.223-7006 Prohibition On Storage and Disposal of Toxic And Hazardous Materials 252.225-7000 Buy American Act--Balance of Payments Program Certificate 252.232-7010 Levies on Contract Payments Clauses Incorporated by Full Text: 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Dec 2008) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.219-6, Notice of Total Small Business Aside (June 2003) (15 U.S.C. 644). 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)). 52.219-14, Limitations on Subcontracting (Dec 1996)(15 U.S.C. 637(a)(14)). 52.219-28, Post Award Small Business Program Representation (June 2007) (15 U.S.C. 632(a)(2)). 52.222-3, Convict Labor (June 2003)(E.O. 11755). 52.222-19, Child LaborCooperation with Authorities and Remedies (Feb 2008) (E.O. 13126). 52.222-21, Prohibition of Segregated Facilities (Feb 1999). 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793). 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts). 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-33, Payment by Electronic Funds TransferCentral Contractor Registration (Oct. 2003)(31 U.S.C. 3332). 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332). ________________________________________________ (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.). 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Feb 2002)(29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ________________________________________________ (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 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. (1) 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 Contractors directly pertinent records involving transactions related to this contract. (2) 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. (3) 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. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1)(i) through (xi) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor ode of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (May 2004)(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 $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). (iv) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006)(38 U.S.C. 4212). (v) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998)(29 U.S.C. 793). (vi) 52.222-39, Notification of Employee rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (vii) 52.222-41, Service Contract Act of 1965, (Nov 2007), flow down required for all subcontracts subject to the Service Contract Act of 1965 (41 U.S.C. 351, et seq.) (viii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50. (ix) 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.) (x) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 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. (2) 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. 52.233-2 -- Service of Protest. As prescribed in 33.106, insert the following provision: Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from CW4 Mr. Thomas Lamont. USP&FO for MA ATTN: CW4 Thomas Lamont 50 Maple Street Milford, MA 01757 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. 52.252-2 -- Clauses Incorporated by Reference. As prescribed in 52.107(b), insert the following clause: 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): http://farsite.hill.af.mil 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items. As prescribed in 212.301(f)(iii), use the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JAN 2009) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. _X_ 52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) _X_ 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181). (2) ____ 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (3) ____ 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637). (4) ____ 252.219-7004, Small Business Subcontracting Plan (Test Program) (AUG 2008) (15 U.S.C. 637 note). (5) _X_ 252.225-7001, Buy American Act and Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d, E.O. 10582). (6) _X__ 252.225-7012, Preference for Certain Domestic Commodities (DEC 2008) (10 U.S.C. 2533a). (7) ____ 252.225-7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a). (8) ____ 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (9) ____ 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts). (10) ____ 252.225-7021, Trade Agreements (NOV 2008) (19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note). (11) ____ 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (12) ____ 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (13)(i) ____ 252.225-7036, Buy American Act--Free Trade Agreements--Balance of Payments Program (JAN 2009) (41 U.S.C. 10a-10d and 19 U.S.C. 3301 note). (ii) ___ Alternate I (OCT 2006) of 252.225-7036. (14) ____ 252.225-7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). (15) ___ 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts). (16) ____ 252.227-7015, Technical Data--Commercial Items (NOV 1995) (10 U.S.C. 2320). (17) ____ 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321). (18) _X_ 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227). (19) ____ 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (20) _X_ 252.243-7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (21)(i) _X_ 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (ii) ____ Alternate I (MAR 2000) of 252.247-7023. (iii) ____ Alternate II (MAR 2000) of 252.247-7023. (iv) ____ Alternate III (MAY 2002) of 252.247-7023. (22) _X_ 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52.212-5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: (1) 252.225-7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a). (2) 252.237-7019, Training for Contractor Personnel Interacting with Detainees (SEP 2006) (Section 1092 of Public Law 108-375). (3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (4) 252.247-7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631).