Activated Core Mat

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, in conjunction with FAR 13.5, as applicable, and as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. PR-IL-10-00005 is issued as a Request for Quotation (RFQ) pursuant to FAR Part 12.6. It is anticipated that one (1) purchase order will result from this synopsis/solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-36. The associated NAICS code is 237110. This is a full and open competitive request for quote. The required delivery of the Activated Core Mat is no later than May 15, 2010. The U.S. Environmental Protection Agency (EPA) is in need of an Activated Core Mat to continue remediation clean up with the Saint Louis River, Interlake, Duluth Tar Site. The Activated Carbon Mat (ACM) is designed to provide a method of placing granulated activated carbon into sub-aqueous and terrestrial sediment caps. The reactive media is encapsulated into carrier textiles, which are adhered together to provide a consistent and structurally stable composite material. The product allows for stable layers of granulated activated carbon to be easily placed in a precise manner. The ACM is intended to be placed over sediments contaminated with Polycyclic Aromatic Hydrocarbons (PAHs) in a Contained Aquatic Disposal (CAD) unit. The ACM is to be part of a capping system that will include a 6-inch isolation sand layer followed by the ACM and up to four feet of capping sand and other materials. Specifications of mat must include: • Upper and lower geotextile shall be non-woven with a Grab Strength of 130 lb MARV (ASTM D4632) • Permeability shall be a minimum of 1x10 E-3 cm/sec (ASTM D4491) • Activated Carbon mass per unit area shall be 0.4 lb/square ft (ASTM modified D5993) with a minimum iodine number of 750 mg/g (AWWA B604 or ASTM D4607) • Sand content shall be approximately 40% by weight to counteract buoyancy • Rolls shall measure 15-ft 4-in wide with a 2-inch edge closure, 100ft in length, on a minimum 4-inch ID core tube wrapped with a polyethylene plastic packaging • Estimated quantity: 533,000 square feet. FOB Destination to: Hallett Dock 6 500 South 59th Ave West Duluth, MN 55807 52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERICAL ITEMS (MAR 2009), by reference. ADDENDUM to 52.212-4 Delivery Schedule: Delivery Date: May 15, 2010 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (SEP 2009) (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)). ___Alternate I (Aug 2007) of 52.222-50 (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: X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). X (2) 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)) __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Mar 2009) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009) __ (4) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Mar 2009) (Pub. L. 111-5). __ (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a). __ (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (July 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (7) [Reserved] __ (8)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-6 __ (iii) Alternate II (Mar 2004) of 52.219-6 __ (9) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7 __ (iii) Alternate II (Mar 2004) of 52.219-7 __ (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d) (2) and (3)) __ (11) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d) (4)) __ (ii) Alternate I (Oct 2001) of 52.219-9 __ (iii) Alternate II (Oct 2001) of 52.219-9 X (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a) (14)). __ (13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d) (4) (F) (i)). __ (14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23 __ (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (16) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f). __ (18) 52.219-28, Post Award Small Business Program Representation (Apr 2009) (15 U.S.C. 632(a) (2)) X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Aug 2009) (E.O. 13126). X (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). X (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). X (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). X (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793). X (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212). X (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). __ (27) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989) (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (28) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c) (3) (A) (ii)) (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i) (2) (C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b) __ (30) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423) __ (ii) Alternate I (Dec 2007) of 52.223-16  (31) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d) __ (32)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Feb 2009) (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). __ (ii) Alternate I (Jan 2004) of 52.225-3 __ (iii) Alternate II (Jan 2004) of 52.225-3 __ (33) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (34) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury) __ (35) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (36) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150) __ (37) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (38) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)) X (39) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332) __ (40) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332) __ (41) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332) __ (42) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a) __ (43)(i) 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). __ (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: __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.) __ (2) 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.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 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.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Sep 2009) (41 351, et seq.) __ (6) 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.). __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p) (1)). (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 this paragraph (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) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). Applies to subcontracts funded under the Act. (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 (Sept 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793). (vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201). (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. 52.252-2: 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 these addresses: http://www.acqnet.gov/far http://www.dhs.gov/xopnbiz/regulations/index.shtm SOLICITATION PROVISIONS- The following Provisions are incorporated in this solicitation: FAR 52.212-1, INSTRUCTIONS TO OFFERORS- COMMERCIAL ITEMS (JUN 2008), by reference. ADDENDUM- INSTRUCTIONS TO OFFERORS-: • Offeror must provide a quotation that includes: 1) A firm fixed price for the Reactive Core Mat. Multiple quotes will be considered. 2) The Government encourages at least two quotes to be submitted per offeror. One quote shall be as close to commercial standards as possible, while also trying to incorporate the government requested specifications. The second quote shall be as close to specifications outlined in the above specifications requirement. 3) References: A minimum of three references are requested with quote. 4) Response Date: Quotations are due by November 5, 2009, not later than 12:00 PM Central Standard Time. 5) Submittal: Quotations will be accepted via electronic media or fax to the following; electronically to [email protected]; fax to (312) 697-2056. Offerors are encouraged to confirm receipt of the quotation. Please contact Ms. Sara Losos, Contract Specialist, at (312) 886-6565 or [email protected] with questions related to this notice. FAR 52.212-2, EVALUATION-COMMERCIAL ITEMS (JAN 1999) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers (in descending order of importance): (1) Mat Capabilities and Physical Characteristics, (2) Technical Capability and Quality Assurance, (3) Warranty Terms and Warranty Process, (4) Relevant Past Performance, and (5) Price. EVALUATION FACTORS: The Government will evaluate the quotes against the following five factors: (1) MAT CAPABILITIES AND PHYSICAL CHARACTERISTICS: • Offerors quotes must demonstrate, in clear detail, its capabilities and equipment intended to meet or exceed all specification requirements or it will not be considered. Evaluations will be based on the degree to which the offers exceed minimum requirements and attain offerings of added value if any. • The Offerors knowledge and experience in designing, manufacturing and delivering Active Carbon Mats. (2) TECHNCIAL CAPABILITY AND QUALITY ASSURANCE: Offerors quote must demonstrate its ability to: • Manufacture and test the Active Core Mat; • Provide the technical expertise with qualified/certified employees; • Prevent discrepancies; • Responsively correct deficiencies if they are identified; • Inspect/certify assurance the product conforms to the specification requirements; and • Produce and deliver the mat by the required delivery date. (3) WARRANTY TERMS AND WARRANTY PROCESS: The Government will evaluate each Offerors warranty plan. The warranty plan shall include responses to the following: • Offerors plan for travel to Government unit locations with the proper tools and equipment to perform warranty repair work on the mat when it is determined that the repair work is covered under the warranty. • Warranty coverage of all parts, labor, and travel expenses in association with warranty repair work for the mat if the repair is covered under the warranty. • Means and method for handling disputed warranty claims. (4) RELEVANT PAST PERFORMANCE: • The Government's intent is to evaluate each offerors past performance quality, including quality of product; price control; timeliness of performance; business relationships; and customer satisfaction, to determine whether the offerors consistently delivered quality products in a timely manner in the past. This factor will be evaluated on the basis of relevant past performance for the offerors during the last three (3) years, including performance on contracts of similar scope. The information presented in the offerors' quotes, together with information from any other sources available to the Government (e.g., Government-controlled Contractor performance databases and references including contractual, technical, and end-user representatives) may provide input for the evaluation of this factor. • A lack of any relevant past performance information will be treated by the Government as a "Neutral" under this factor. (5) PRICE: • The total overall evaluated price will determine price completeness, accuracy, and price reasonableness. An evaluation of the Offerors' price quotes will be made to determine if they are realistic for the work to be performed, reflect a clear understanding of the requirements, and are consistent with the technical quote. Price reasonableness will be evaluated based on the receipt of competitive offers and comparisons to published commercial pricing of Offerors' and others' products and to the independent government estimate. BASIS FOR AWARD: The basis for award will be best value, which will be based on consideration of the following factors (in descending order of importance): (1) Mat Capabilities and Physical Characteristics, (2) Technical Capability and Quality Assurance, (3) Warranty Terms and Warranty Process, (4) Relevant Past Performance, and (5) Price. All non-price factors when combined are more important than Price. • As the technical quotes become closer in quality, price increases in relative importance. The Government may elect to pay a premium price to select an Offeror that offers a mat providing greater advantages in the non-price evaluation criteria and/or is technically superior to the mats of lower priced offers. TECHNICAL EVALUATION: The technical evaluation will be attained through a determination and analysis of strengths, weaknesses, significant weaknesses, and deficiencies. Technical risk will be included in the final evaluation of each factor and will not be evaluated as a separate factor. Technical risk is an overall assessment derived from the technical evaluation and is inclusive of each evaluation factor. In the assessment of technical risk, Government evaluators will consider all available information submitted in the quote. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERICAL ITEMS (AUG 2009) Alternate I (APR 2000) and Alternate II (OCT 2000) 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) - This solicitation incorporates one or more solicitation provisions 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. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its offer. Also, the full text of a clause may be accessed electronically at these addresses: http://www.acqnet.gov/far http://www.dhs.gov/xopnbiz/regulations/index.shtm CCR Requirement: Potential offerors must be registered in the Central Contractor Registration (CCR). If offeror is not registered in CCR, offeror may do so by going to CCR web site at http://www.ccr.gov.