Rental of Commercial Heavy Equipment

Combined Synopsis/Solicitation (i) This is a combined synopsis/solicitation for the acquisition of commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this announcement. This announcement constitutes the only solicitation; a written solicitation will not be issued. (ii) Solicitation Number: FA8201_16_R_PZIOA_CER This solicitation is issued as a request for quotation (RFQ). (iii) This solicitation document and incorporated provisions and clauses are in effect through Federal Acquisition Circular 2005-86. (iv) Contracting Officer's Business Size Selection: Full and Open NAICS Code: 532412 Small Business Size Standard: $32.5M BASIC LEASE PERIOD (22 MAR 2016 - 21 JUN 2016) applicable to Contract Line Item Numbers (CLINs) (v) CLIN 0001 - John Deere 644J 5 Yard wheel 'or equivalent' Loader with quick change:minimum 72" forks & Bucket; which meets the attched leased equipment requirements; QTY: 1 each - 3 Month Lease CLIN 0002 - John Deere LGP 650 'or equivalant' Dozer; with low ground pressure footprint and 6-way blade which meet the attached Statement of Work and equipment requirements; QTY: 1 each - 3 Month Lease CLIN 0003 - JLG-80 or equivalent articulating boom with 250 AMP welding package positioned under the control station; which meets the attached Statement of Work and equipment requirements; QTY: 1 each - 3 Month Lease OPTION LEASE PERIOD* (22 JUN 2016 - 21 OCT 2016) (vi) CLIN 1001 - John Deere 644J 5 Yard wheel 'or equivalent' Loader with quick change:minimum 72" forks & Bucket; which meets the attached Statement of Work and equipment requirements; QTY: 1 each - 5 Month Lease CLIN 1002 - John Deere LGP 650 'or equivalant' Dozer; with low ground pressure footprint and 6-way blade and which meets the attached leased equipment requirements k and equipment requirements; QTY: 1 each - 5 Month Lease CLIN 1003 - JLG-80 or equivalent articulating boom with 250 AMP welding package positioned under the control station; which meets the attached Statement of Work and equipment requirements; QTY: 1 each - 5 Month Lease * The government will provide the service provided a 10 calendar day advance notice of its intent to exercise this 5 month option. (vii) Delivery, servicing, and pick-up of lease equipment: The successful offeror shall coordinate scheduled delivery and pick-up, of all leased equipment least 24 hours prior to planned transport to and from the Utah Test and Training (UTTR), with the UTTR point of contact (see Statement of Work (SOW) at paragraph 2); follow route 2 driving instructions to Dugway'south range for delivery and pick-up. (viii) Transportation (delivery and pickup included): FOB Destination (ix) The provision at 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. Offers are due by 1400 MST, 18 FEBRUARY, 2016 via electronic mail to jerry.meakin@us.af.mil . (x) 52.212-2: Evaluation -- Commercial Items (a) The Government will award a contract resulting from this solicitation to the responsible offeror, whose offer conforms to the solicitation and will be the most advantageous to the Government, price and other factor(s) considered. The following factors shall be used to evaluate offers: (i) price; (ii) technical capability of the items offered must meet the Government minimum stated salient charteristics for these items (heavy equipment); (b) Evaluation criteria: Lowest Price Technically Acceptable (LPTA) offer. All offers will be evaluated on their proposed Total Price (basic 3 month lease plus a 6 month lease option). The contract will be awarded to the company with the lowest total price that clearly and fully meets all requirements and salient performance characteristics as identified in the attached Statement of Work (SOW) and UTTR Leased Equipment Requirements documents. Only the lowest priced proposal will be evaluated for technical acceptability; to be based on the above stated specifications also cited under the respective CLINs. The next lowest offer will only be evaluated if the forementioned lowest priced offer is not found to be technically acceptable (and so on). Only one award will be made under this solicitation; though the government reserves its right to not award if found to be in the governments best interest. Award will be conducted under the provisions of FAR Part 12, Commercial Items, and FAR 13, Simplified Acquisition Procedures. Submit only written offers; oral offers will not be accepted. All firms or individuals responding must be registered with the System for Award Management (SAM). (c) 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 offer's 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. (xi) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer. (xii) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and a statement regarding any addenda to the clause. (xiii) The class deviation clause at 52.212-5, Contract Terms and Conditions -- Commercial Items, applies to this acquisition and a statement regarding any addenda to the clause. Class Deviation- 2013-O0019, Commercial Item Omnibus Clauses for Acquisitions Using the Standard Procurement System. This clause deviation is effective on Sep 25, 2013, and remains in effect for five years, or until otherwise rescinded. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (Dec 2015) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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 (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) _X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 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. (End of Clause) 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) (IAW FAR 52.107(b)) 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): Regulations URLs: (Click on the appropriate regulation.) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/far1toc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/dfars/dfartoc.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/af_afmc/affars/affar1toc.htm 5352.201-9101 OMBUDSMAN (NOV 2015) (IAW AFFARS 5301.9103) (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, at - , FAX - , email . Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. 52.203-6 with Alt 1 Restrictions on Subcontractor Sales to the Government (Sep 2006) IAW FAR 3.503-2 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) (IAW FAR 3.808(b)) 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) (IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii)) 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) (IAW DFARS 203.970) 52.204-7 System for Award Management 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (OCT 2015) (IAW FAR 4.1403(a)) 52.204-16 Commercial and government Entity Code Reporting. 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2015) (IAW FAR 4.1804(c), FAR 12.301(d)) 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) (IAW FAR 4.1202(b)) 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) (IAW DFARS 204.404-70(b)) 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2015) (IAW DFARS 204.7304(c)) 252.204-7015 DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT CONTRACTORS (FEB 2014) (IAW DFARS 204.7403(c), DFARS 212.301(f)(ix)) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (IAW FAR 9.104-7(c) 52.222-3 Convict Labor (June 2003) (IAW FAR 22.202) 52.222-19 Child Labor-Cooperation With Authorities and Remedies (Feb 2016) IAW FAR 22.1505(b) 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) (IAW FAR 22.810(a)(1)) 52.222-26 EQUAL OPPORTUNITY (APR 2015) (IAW FAR 22.810(e)) 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) (IAW FAR 22.1310(a)(1), DFARS 222.1310(a)(1)) 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (Jul. 2013) (IAW FAR 32.1110(a)(1) 52.233-4 Applicable Law For Breach Of Contract Claim (OCT 2004) (IAW FAR 33.215(b) (a) Definitions. As used in this clause-- "Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran,' and "recently separated veteran" have the meanings given at FAR 22.1301. (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings. 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014) (IAW FAR 22.1408(a)) (a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. 52.222-37 EMPLOYMENT REPORTS ON VETERANS (OCT 2015) (IAW FAR 22.1310(b)) 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015) (IAW FAR 22.1705(a)(1)) 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011) (IAW FAR 23.1105) 252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013) (IAW DFARS 225.7901-4) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (IAW FAR 32.706-3) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) (IAW DFARS 232.7102) 52.233-3 PROTEST AFTER AWARD (AUG 1996) (IAW FAR 33.106(b)) 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (IAW FAR 33.215(b)) (xiv) Additional Contract Requirement or Terms and Conditions: Please see attached SOW. (xv)Defense Priorities and Allocations System (DPAS): N/A (xvi) Proposal Submission Information: All questions or comments must be sent to Jerry Meakin by email at jerry.meakin@us.af.mil , NLT 1400 MST, 15 FEB 2016. Responses to questions will be posted NLT 1400 MST, 16 FEB 2016. Offers are due by 1400 MST 18 FEB 2016 via electronic mail to jerry.meakin@us.af.mil. (xvii) For additonal information regarding the solicitation contact Jerry Meakin at 801.777.2330. Notice to Offerors: The Government intends to award a Firm Fixed Price contract for this requirement. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs. This Combo is amended to clarify the requirement as follows: Acceptable fuel type for all rental equipment is diesel, though articulating booms designed to ruon gasoline will also be permitted. Rental vehicles that run on propone or kerosene are not acceptable for this particular requirement. Clarification: Machine usage hours not anticpated to be more than 40 hours per week during the rental period(s).