99--AWARD NOTICE - LISBON HESCO - W912ES-09-P-0091

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. Solicitation No. W912ES-09-T-0039 is being issued as a Request For Quote (RFQ) with the intent to award as a simplified acquisition. The solicitation document and incorporated provision and clauses are those in effect through Federal Acquisition Circular 2005-32. This procurement is 100% set-aside for small businesses located in the counties in North Dakota included in the emergency declaration under the Stafford Act, Declaration number FEMA-1829DR. Quotes will not be accepted from firms in other counties or states. The NAICS Code for this procurement is 562111 (SIC 4953) with a size standard of $12.5M. The U.S. Army Corps of Engineers (USACE), St Paul District has a requirement for the removal and cleanup of The U.S. Army Corps of Engineers (USACE), St Paul District has a requirement for the removal and cleanup of HESCO, sandbags, sandbag fill material and poly sheeting placed for the protection of the City of Lisbon, ND, following the 2009 flooding event. This procurement may be quoted as follows: Line Item 000lSupplies/Services: HESCO removal from public Rights of Way and front and side yards of private property, Estimated Quantity: 10,000, Unit: Net Liner Foot, Unit Price: $_____, Total Price Line Item 0001:__________. Quantities are maximum estimates and are not guaranteed. Total price is a Not to Exceed (NTE) amount and may not be exceeded without a modification to the purchase order. SUBMITTALS. 1. The Contractor shall submit the following information with the quote package to verify the Contractors plans for delivery meet the requirements of this solicitation: Operations Plan: To include equipment, labor, and materials anticipated for use under this contract with the appropriate markings to designate the equipment and identify trucks and tare weights, mobilization schedule, and procedures to perform removal operations. Failure to provide the required submittal may be cause for your quote to be rejected as non-responsive. Prospective contractors must include with their quote all information required by the Evaluation and Selection Procedures below, the Disaster or Emergency Area Representation required by FAR 52.226-3 (clause set out in full text below), and a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items with this offer. 0001 and 0002 Hesco Removal, Lisbon, ND. GENERAL 1.The purpose of this scope of work is to define the requirements for removal and cleanup of Hesco Units, sand or clay reinforcements, poly sheeting, stockpiled sand or clay, damaged Hesco units, Hesco units not installed, and sandbags placed for the protection of the City of Lisbon, ND, following the 2009 flooding event. Tipping fees (if any) and all other costs for disposal of Hesco and all other material are the responsibility of the Contractor and should be considered in the suppliers quotation. Award will be a Firm-fixed price, commercial purchase order for the area(s) within the City limits of Lisbon to be specified at the time of issuance of the purchase order(s). Hesco units to be removed are located on streets, adjacent sidewalks and boulevards. They are in private yards, and in close proximity to public utilities. 2. The Hesco Units include both three and four foot high basket units filled with sand in both single and double height installations. Double height installations include a base row that is two units in depth. Select areas of single height installations also have two units in depth. Certain reaches of Hesco Units were installed with poly sheeting wrapped over the units from the flood side. Certain reaches of Hesco Units are reinforced on the protected side with either sand or clay. Those areas reinforced with clay, the contractor will remove the clay and placed it in the designated mandatory material placement locations. Those areas reinforced with sand, the contractor will remove the sand and dispose offsite as indicated below. Certain Hesco Units have been previously removed to provide access to different locations. These units are damaged and not salvageable and should be disposed as indicated below. Certain Hesco Units have not been installed should be cleaned and prepared for being salvaged . SALVAGE OF HESCO UNITS. Care shall be taken by the contractor to salvage the Hesco Units for reuse. Hesco Units shall be removed in 15 foot sections. The contractor shall set up a staging area at the site located at State Solders Home Borrow Pit Lisbon, ND to facilitate cleaning and packing the units. Salvaged units shall be cleaned of sand or clay by pressure washing, dryed, re-folded, placed on pallets, banded and transported to the storage location at as determined by Contracting Officer . Special lifting beams may be fabricated (drawings available on request) to facilitate removal of Hesco units. The contractor may propose and demonstrate alternative methods for the salvage of the Hesco Units for COR approval. Not all Hesco units will be salvageable and some waste will occur. However, if the COR determines that the contractor is not exercising due diligence and care in the removal of the Hesco units, the removal process will be stopped and corrective actions shall be taken by the contractor to correct any deficiencies Hesco Units Not Salvaged shall be disposed of properly by the contractor in accordance with all applicable Federal, State and Local regulations SERVICES The Contractor shall: 1. provide all equipment, operators, and laborers for Hesco removal operations which includes, but is not limited to segregation, removal, hauling, disposal on public, commercial, or private property as specified in the purchase order. The Contractor will be provided with approved documentation for right of entry (ROE) for all work on private property, and may not enter private property without that documentation. The Contractor shall exercise reasonable care not to damage public or private property, utilizing the appropriate equipment and mats to minimize damage. 2. All work described in the purchase order shall be completed not later than 21 days after the initial notice to proceed to the Contractor. 3. The Contractor shall not move from one designated work area to another designated work area without prior approval from the COR. 4. The Contractor shall conduct the work so as not to interfere with other disaster response and recovery activities of federal, state, and local governments or agencies, or of any public utilities. 6. Upon completion of removal activities, the Contractor shall ensure the site is left in a state to minimize hazards to the public. This includes street sweeping, leveling of disturbed turf areas by back dragging, filling trenches and holes, and cordoning off hazards such as damaged utility boxes,. The Contractor will not be required to restore or reestablish sod.DUMPSITES 1. The Contractor shall use only the designated dumpsite located at State Solders Home Borrow Pit Lisbon, ND for disposal of all material included in this statement of work. The Contractor shall be responsible for the management of the disposal of all materials at the dumpsite, management of contractor equipment and labor at the dumpsite, and management of storm water run off in accordance with all applicable federal, state, or local laws or regulations related to the Contractors activities at the dumpsite. T. PERFORMANCE SCHEDULE 1. The Contractor shall commence mobilization immediately upon issuance of purchase order and notice to proceed. The Contractor will perform in accordance with the purchase order in all designated work areas established therein. The Contractor will provide a minimum of 2 crews to commence Hesco removal operations within 24 hours of issuance of purchase order notice to proceed. A minimal acceptable removal crew is composed as follows: 5 dump trucks 16-20 cy capacity and drivers, 1 front end loader and operator, 1 foreman / Quality Control, 3 laborers / flagmen. The Contractor shall conduct operations to complete removal as quickly as possible. 2. The Contractor shall work 7 days per week during day light hours only. EQUIPMENT 1. All trucks and equipment must be in compliance with all applicable federal, state, and local rules and regulations. Frameless dump trailers are not acceptable. 2. Truck loading shall comply with state, local, and Department of Transportation rules and regulations including weight limitations and the covering of truckloads. 3. Prior to commencing Hesco removal operations, the Contractor shall present to the Governments representative all trucks and/or trailers that will be used for hauling for the purpose of determining hauling capacity. Each truck or trailer will be numbered for identification. The signs shall contain the following information: Company Name, Truck Number, Inspected by, and Date. REPORTING 1. The Contractor shall submit a Daily Operational Report to the COR by 8:00 a.m. (0800) each day for the previous days work during the term of the contract. Each report shall contain, at a minimum, the following information: Contractors Name, Contract Number, number of removal crews, daily and cumulative tons removed, location of removal, and percent of the total work identified in the purchase order completed. OTHER CONSIDERATIONS 1. The Contractor shall assign and provide an Operations Manager (OM) to serve as the principal liaison with the Corps of Engineers Contracting Officer or his/her designated representative. The assigned OM must be knowledgeable of all facets of the Contractors operations and have authority in writing to act on behalf of the Contractor. The OM shall be on call 24 hours per day, seven days per week. 2. The Contractor shall supervise and direct the work, using skilled labor and proper equipment for all tasks. Safety of the Contractors personnel and equipment is the responsibility of the Contractor. Additionally, the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this contract. 3. The Contractor must be duly licensed to perform the work in accordance with applicable federal, state, or local statutory or regulatory requirements. The Contractor shall determine what permits are necessary and obtain those permits required to complete the work at his cost. Copies of all permits shall be submitted to the COR within 24 hours of issuance of the purchase order. Trucks shall travel on designated truck routes. 4. The Contractor shall be responsible for correcting, at his or her sole expense, any violations of federal, state, or local laws or regulations resulting from the actions of the Contractor or his subcontractors, including, but not limited to, violations related to environmental, safety, or occupational health requirements. 5. The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work area. SAFETY PROVISIONS 1. The Contractor shall perform all work in accordance with the 15 Sep 08 edition of EM 385-1-1. 2. An Accident Prevention Plan that fully complies with USACE EM 385-1-1 must be submitted within 24 hours of issuance of the purchase order. No work may be started before acceptance of the plan. PAYMENT 1. Cost for labor, equipment, taxes, fees, and all material disposal will be included in the unit price quoted. The measurement will be verified by the COR in the Daily Operational Report which will be the basis for payment. 2. Payment will be made based on the linear feet of Hescos and shall be for all costs associated with the removal of the Hesco units, sandfill, sand and/or clay reinforcement, sandbags, poly sheeting, and miscellaneous materials such as pallets, packing materials, stockpiled sand and or clay, damaged Hesco units and all work incidental there toup to the Not to Exceed (NTE) amount of the purchase order. 3. Separate payment will not be made for providing and maintaining an effective Quality Control Program, and all costs associated therewith shall be included in the applicable unit price contained in the quote. SITE INSPECTION 1. Maps of the locations of Hesco barriers in the City of Lisbon are available from the Point of Contact listed below by making a phone or email request. Each prospective contractor shall inspect the sites prior to providing a quote to become familiar with the conditions and requirements associated with the removal and cleanup of each site. Unfamiliarity with each site, access restrictions, or disposal requirements, will not be cause for a change to the contract price or schedule. Area maps depicting the approximate locations of the Hesco barriers and dumpsite are available upon request. MEETINGS 1. After a purchase order has been issued, the Contractor shall attend a pre-work conference with the COR at the U.S. Army Corps of Engineers office in Fargo, ND. The purpose of this meeting is to discuss work hours, schedule, safety, scope of work, and to review other contract requirements. QUALITY CONTROL 1. The Contractor is responsible for quality control and shall establish and maintain an effective quality control system. The Quality Control system shall consist of written plans and procedures and the necessary organization to meet the contract requirements. The system shall cover all removal operations. 2. Within 24 hours of the issuance of the first purchase order, the Contractor shall submit a Quality Control Plan that establishes and maintains an effective quality control system and identifies an operations manager to serve as principal liaison with the Corps of Engineers Contracting Officer or the designated representative. SUBMITTALS. 1. The Contractor shall submit the following information with the quote package to verify the Contractors plans for delivery meet the requirements of this solicitation: Operations Plan: To include equipment, labor, and materials anticipated for use under this contract with the appropriate markings to designate the equipment and identify trucks mobilization schedule, and procedures to perform removal operations. Failure to provide the required submittal may be cause for your quote to be rejected as non-responsive. EVALUATION AND SELECTION PROCEDURES. FAR Clause 52.212-1 Instructions to Offerors--Commercial Items (JUN 2008) applies to this acquisition. All quotes submitted will be evaluated for technical capability. The government will issue a purchase order to the supplier whose quote is the lowest priced of those determined to meet at least the minimum requirements for capability to perform. 2. Significant factors that will affect contract award are listed below: a. Operations - The Contractor shall provide sufficient documentation of experienced management (especially the qualifications of the Operations Manager), sufficient number of personnel and equipment to demonstrate that they have the capability to perform the required work in the time required. b. Company Experience - In order to be determined to be technically acceptable, the offeror must demonstrate that it possesses a minimum of 3 years experience on contracts of a similar nature, size, scope, and complexity, utilizing a comparable number of personnel with like skills. c. Past Performance - In order to be determined to be acceptable, the offeror must demonstrate that its firm has had acceptable performance on contracts of a similar nature, size, scope, and complexity, utilizing a comparable number of personnel with like skills. The lack of past performance information will not be evaluated favorably or unfavorably for this factor provided the prospective contractor certifies that additional past performance information is not available and provides an acceptable explanation as to why additional past performance is not available. Prospective contractors must include with their quote all information required by the Evaluation and Selection Procedures above, the Disaster or Emergency Area Representation required by FAR 52.226-3 (clause set out in full text below), and a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items with this offer. The following clauses and provisions are incorporated and will remain in full force in any resultant award. The full text of these clauses can be accessed electronically at website: http://www.farsite.hill.af.mil or http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html: FAR 52.212-1 Instructions to Offerors Commercial Items; FAR 52.212-4 Contract Terms and Conditions--Commercial Items; FAR 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders--Commercial Items and the following clauses cited within that clause: FAR 52.219-6 Notice of Total Small Business Set-aside; FAR 52.219-8 Utilization of Small Business Concerns; FAR 52-219-14 Limitations on Subcontracting; FAR 52.219-28 Post Award Small Business Program Representation; FAR 52.222-3 Convict Labor; FAR 52.222-19 Child Labor; FAR 52.222-21 Prohibition of Segregated Facilities; FAR 52.222-26 Equal Opportunity; FAR 52.222-35 Equal Opportunity of 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 Disabled Veterans; FAR 52.222-39 Notification of Employee Rights Concerning Payment of Union Dues or Fees; FAR 52.222-41 Service Contract Act of 1965; FAR 52.222-42 Statement of Equivalent Rates for Federal Hires; 52.226-4 Notice of Disaster or Emergency Area Set-Aside; FAR 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area; FAR 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration. The following Clauses are also applicable to this acquisition: FAR 52.215-5 Facsimile Proposals; DFARS 252.204-7001 Central Contractor Registration; DFARS 252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country; DFARS 252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items; DFARS 252.232-7010 Levies on Contract Payments; DFARS 252.247-7023, Transportation of Supplies by Sea. Department of Labor Wage Determination number North Dakota 05-2407 (Rev.6) is applicable to this acquisition. Copies may be obtained at www.wdol.gov or by contacting the Contract Specialist listed below. The following clause is provided in full text and is applicable to this acquisition: Note: Prospective contractors must check the appropriate block in the clause 52.226-3. 52.226-3 DISASTER OR EMERGENCY AREA REPRESENTATION (NOV 2007) (a) Set-aside area. The areas covered in this contract are the included counties in the FEMA-1829 DR Disaster Declaration for the state of North Dakota. (b) Representations. The offeror represents that it ( ) does ( ) does not reside or primarily do business in the set-aside area. (c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months-- (1) The offeror had its main operating office in the area; and (2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees. (d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include-- (1) Physical location(s) of the offeror's permanent office(s) and date any office in the set-aside area(s) was established; (2) Current state licenses; (3) Record of past work in the set-aside area(s) (e.g., how much and for how long); (4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area; (5) Percentage of the offeror's gross revenues attributable to work performed in the set-aside area; (6) Number of permanent employees the offeror employs in the set-aside area; (7) Membership in local and state organizations in the set-aside area; and (8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements. (e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation. (End of provision) If you are not registered in the CCR, an award may be made to your company; however, you will be required to register as soon as possible following award, and registration expedites payment. You may register electronically at http://www.ccr.gov. Registering electronically will expedite the registration process acquisition. Quotes are due 6 May 2009 not later than 2:00 p.m. at the AFO, US ARMY CORPS OF ENGINEERS, 1500 13 AVE ST, E., WEST FARGO, ND 58078, ATTN: Thomas Connell. If emailing your quote, please carbon copy the Contracting Officer at contact@example.gov. For information concerning this solicitation contact Thomas Connell at +1 (555) 000-0000 or email at contact@example.gov. or fax at +1 (555) 000-0000 Contracting Office Address: US Army Engineer District, St. Paul, Contracting Division CEMVP-CT, 190 East Fifth Street, St. Paul, MN 55101-1638 Point of Contact(s): Thomas Connell, +1 (555) 000-0000