Boat Motor, Shipping and Installation

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. The solicitation number is AG-0116-S-09-0060 and this solicitation is issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-30. This is a small business set-aside with an associated NAICS code of 441222 and small business size standard of $7 million dollars. The following are this solicitation's list of contract line item number(s) and items, quantities and units of measure: 0001 - 225 Horsepower, 4-Stroke Honda Outboard Motor. Model BF225ADXX 30 Inch Shaft Length - brand name or equal 0002 - Installation and Rigging on Government Furnished Property 0003 - Shipping/Handling to Craig, AK 99921 Description of requirements for the items to be acquired. The following are salient physical, functional or performance characteristics of the brand name item that an equal item must meet to be acceptable for award: The date for delivery is 90 days after receipt of order. Shipping terms are FOB Destination. The provision - 52.212-2, Evaluation-Commercial Items, applies to this acquisition and the specific evaluation criteria to be included in paragraph (a) of that provision, are as follows: i.) Technical Capability of item offered to meet the Government requirement; ii) Price; iii) Past Performance Technical and past performance when combined are moderately more important than cost or price. 452.211-70 Brand Name or Equal. (NOV 1996)(As used in this provision, the term "brand name" includes identification of products by make and model.) (a) If items called for by this solicitation have been identified by a "brand name or equal" description, such identification is intended to be descriptive, but not restrictive, and is to indicate the quality and characteristics of products that will be satisfactory. Offers of "equal" products (including products of the brand name manufacturer other than the one described by brand name) will be considered for award if such products are clearly identified in the offer (see clause 452.211-71) and are determined by the Contracting Officer to meet fully the salient characteristics requirements listed in the solicitation. (b) Unless the offeror clearly indicates in its offer that it is offering an "equal" product, the offeror shall be considered as offering the brand name product(s) referenced in the solicitation. (c)(1) If the offeror proposes to furnish an "equal" product or products, the brand name(s), if any, and any other required information about the product(s) to be furnished shall be inserted in the space provided in the solicitation. The evaluation of offers and the determination as to the equality of the product(s) offered shall be the responsibility of the Government and will be based on information furnished by the offeror or identified in its offer as well as other information reasonably available to the contracting activity. Caution to offerors: The contracting activity is not responsible for locating or securing any information which is not identified in the offer and is not reasonably available to the contracting activity. Accordingly, to assure that sufficient information is available, the offeror must furnish as a part of its offer all descriptive material (such as cuts, illustrations, drawings, or other information) necessary for the contracting activity to (i) determine whether the product offered meets the salient characteristics requirement of the solicitation, and (ii) establish exactly what the offeror proposes to furnish and what the Government would be binding itself to purchase by making an award. The information furnished may include specific reference to information previously furnished or to information otherwise available to the contracting activity. (2) If an offeror proposes to modify a product so as to make it conform to the requirements of the solicitation, the offer shall include (i) a clear description of such proposed modifications and (ii) clearly marked descriptive material to show the proposed modifications. (End of Provision) 452.211-71 Equal Products Offered. (NOV 1996)(a) Offerors proposing to furnish an "equal" product, in accordance with the "Brand Name or Equal" provision of this solicitation, shall provide the following information for each offered "equal" product: Contract Line Item Number (if any): 0001 Brand Name or Equal Product identified by the Government in this solicitation: Sportjon by Phantom Offered Product Name: ________________________________________________________ Catalog Description or part number:___________________________________________________ Manufacturer's Name:________________________________________ Manufacturer's Address:___________________________________________________________________ Contract Line Item Number (if any): 0002 Brand Name or Equal Product identified by the Government in this solicitation: Sportjon by Phantom Offered Product Name: ________________________________________________________ Catalog Description or part number:___________________________________________________ Manufacturer's Name:________________________________________ Manufacturer's Address:___________________________________________________________________ (b) Offerors are responsible for submitting all additional information on the above product necessary for the Contracting Officer to determine whether the product offered meets the "brand name or equal" product's salient characteristics listed in the solicitation. (x) Provide the following statement. All offerors must provide a completed copy of - 52.212-3, Offeror Representations and Certifications - Commercial Items. The provision may be found and printed from www.arnet.gov/far/. FAR Clause - 52.212-4, Contract Terms and Conditions - Commercial Items applies to this acquisition and includes the following addenda to this clause incorporated in full or by reference. FAR Clause - 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (FEB 2009) and the following clauses were selected as applicable to the acquisition. (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) 52.222-50, Combating Trafficking in Persons (Feb 2009)(22 U.S.C. 7104(g)). (2) 52.233-3, Protest after Award (Aug 1996) (31 U.S.C. 3553). (3) 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 -- (6)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). -- (16) 52.219-28, Post Award Small Business Program Representation (Jun 2007) (15 U.S.C. 632(a)(2)). -- (17) 52.222-3, Convict Labor (June 2003) (E.O. 11755). -- (18) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Aug 2007) (E.O. 13126). -- (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). -- (20) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). -- (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). -- (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (EO 13201). -- (30) (i)52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Aug 2007) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L.108-77, 108-78, 108-286, 109-53 and 109-169). -- (32) 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). -- (37) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). -- (41) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Approx 1241 and 10 U.S.C. 2631). 0 (ii) Alternate I (Apr 2003) of 52.247-64. (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: this requirement is for supply not service. None of the clauses were checked in paragraph (c) (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 Contractor's 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) 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 Code 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)(41 U.S.C. 351, et seq.) (viii) 52.222-50, Combating Trafficking in Persons (Feb 2009)(22 U.S.C. 7104(g)). (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 (Feb 2009) (41 U.S.C. 351, et seq.). (xi) 52.222-54, Employment Eligibility Verification (Jan 2009). (xii) 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. There are no additional contract requirements, terms or conditions necessary for this acquisition for consistency with customary commercial practices. The date, time and place offers are due is April 20, 2009 at 2:00 pm Alaska Time. Quotes may be faxed to 907-747-4344, emailed to dwoodling@fs.fed.us or mailed to US Forest Service 204 Siginaka Way Sitka AK 99835. Contact Diane Woodling for information regarding this solicitation at 907-747-4272 or dwoodling@fs.fed.us or project team leader Roy Mitchell 907-747-4314 or rbmitchell@fs.fed.us.