River Rock Purchase and Delivery

General Information Document Type: Combined Synopsis / Solicitation Solicitation Number: FA2550-12-T-1008 Classification Code: 56 - Construction and Building Materials NAICS Code: 212321; Construction Sand and Gravel Mining. Contracting Office Address Department of the Air Force, Air Force Space Command, 50 CONS, Base Infrastructure Flight, 210 Falcon Parkway, STE 2116, Schriever AFB, CO 80912-2116, UNITED STATES Description: (i) 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. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. (ii) This solicitation is issued as a Request for Proposal against solicitation number FA2550-12-T-1008 for the purchase and delivery of river rocks. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-055 effective Feb 2, 2012. (iv) The North American Industrial Classification System (NAICS) Number is 212321 Construction Sand and Gravel Mining. (v) The proposed acquisition consists of the following Contract Line Items Numbers (CLINs): CLIN 0001: 650 tons of 2" to 4" river rock. (vi) Description of requirements for the service to be acquired. SCOPE: The Contractor shall furnish all labor, equipment, transportation, and materials to accomplish the following: To supply and deliver 650 tons of 2" to 4" Gray River Rock. See Atch 1 PWS dated 6 JUNE 2012 (vii) Delivery is: 30 Days ADC Place of delivery and acceptance: Schriever AFB, CO 80912. (ix)Provision at 52.212-2 -- Evaluation - The evaluation factors are: Lowest Price Technically Acceptable (LPTA). CLAUSES INCORPORATED BY REFERENCE: see http://Farsite.hill.af.mil 52.212-1 Instructions to Offerors--Commercial Items FEB 2012 52.212-3 Offeror Representations and Certification--Commercial Items APR 2012 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012 52.216-24 Limitation Of Government Liability APR 1984 52.216-25 Contract Definitization OCT 2010 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 CLAUSES INCORPORATED BY FULL TEXT 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2012) (DEVIATION) (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)(i) 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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (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) Reserved. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 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). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ___ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 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.). (xi) 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.). (xii) 52.222-54, Employment Eligibility Verification (JAN 2009). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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) 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) (a) Definition. Covered DoD official, as used in this clause, means an individual that-- (1) Leaves or left DoD service on or after January 28, 2008; and (2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served-- (A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code; (B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or (C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or (ii) Serves or served in DoD in one of the following positions: Program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million. (b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor. (c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c). (End of clause) 5352.201-9101 OMBUDSMAN (APR 2010) (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 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 OMBC A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM or AFISRA ombudsmen, AFSPC/A7K, 150 Vandenberg Street, Suite 1105, Peterson AFB, CO 80914 (P) 719-554-5250 (Fax) 719-554-5299 Email: A7K.wf peterson.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU or AFISRA level, may be brought by the concerned 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 (703) 588-7004, facsimile number (703) 588-1067. (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. (End of clause) (xiv) Defense Priorities and Allocations System (DPAS) and assigned rating will not apply. (xv) Date, time and place offers are due: Quotes must be received NLT 4:00 p.m. 01 Aug. 2012 (Mountain Standard Time (MST), 50CONS/LGCA, 210 Falcon Parkway, STE 2116, Schriever AFB, CO 80912-2116. Quotes may also be submitted by email to A1C Matthew Korman at matthew.korman@us.af.mil . Quotes received after this date and time will be considered late in accordance with 52.212-1(f), Late Submission, Modifications, Revisions, and Withdrawal of Offers and will not be evaluated. Proposals SHALL remain valid until 2400 hours 15 September 2012. (xvi) Individuals to contact for information regarding this solicitation: A1C Matthew Korman, Contract Specialist, Phone 719-567-4253, Fax 719-567-4253, Email: matthew.korman@us.af.mil , MSGT Joshua Morell, Contracting Specialist, Phone 719-560-6185, Fax 719-567-3438, Email joshua.morell@us.af.mil .