D -- Microwave Path for Delivery of Network Services

SYNOPSIS/SOLICITATION: 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. NOTICE FOR FILING AGENCY PROTESTS: It is the policy of the Coast Guard to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests(OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the General Accounting Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the Coast Guard as an Alternative dispute Resolution (ADR) forum, rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal forum with the Ombudsman. Interested parties who believe that Coast Guard procurement is unfair or otherwise defective should first direct their concerns to the contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the coast Guard Ombudsman for Agency Protests. Under this informal process, the agency is not required to suspend contract award or performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester’s concerns are unresolved, an independent review is available by the Ombudsman. The protester may file a formal agency protest to either the contracting officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in less than 35 calendar days from the date of filing. Protests shall include the information set forth at FAR 33.103(d)(2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. This will not preclude re-filing of the protest to meet the requirement. To be timely, protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be forwarded to the address below: Commandant (G-CPM-S/3) 2100 Second Street, SW Washington, D.C. 20593 Telephone: (202) 267-2285 FAX: (202) 267-4011 The Request for Proposal number is HSCG89-04-R-612412 and incorporates provisions and clauses in effect through Federal Acquisition Circular 01-23. The NAICS is 517110. The size standard is 1,500 employees. The contract type will be a firm fixed price contract. DESCRIPTION: This procurement will provide leased telephone service on a month-to-month basis comprised of point to point microwave access to the Public Switched and Federal Telephone Systems Network from the local telephone company’s Central Office facility at Kapolei, Hawaii to the U.S. Coast Guard Air Station Barbers Point at 1 Coral Sea Road, Kapolei, Hawaii. The Government proposes to solicit offers for the following services and quantities: CLIN 0001 - Base Year: Date of Award THROUGH 23 AUGUST 2006. The contractor shall provide a microwave link for the delivery of switched network services to Coast Guard Air Station Barbers Point, Hawaii. The entire microwave link provided between the Coast Guard Building 1790 and the Verizon Central office shall be via microwave only. These services shall consist of a point to point microwave T-1, consisting of 4 DS-1 circuits, between the unmanned central office facility on the former Navy Air Station Barber's Point property to the Coast Guard Air Station on the same property. QTY/UNIT UNIT PRICE TOTAL 12/MONTH $_________ $_______ CLIN 1001 – Option Year 1: 24 AUGUST 2006 THROUGH 23 AUGUST 2007. The contractor shall provide a microwave link for the delivery of switched network services to Coast Guard Air Station Barbers Point, Hawaii. The entire microwave link provided between the Coast Guard Building 1790 and the Verizon Central office shall be via microwave only. These services shall consist of a point to point microwave T-1, consisting of 4 DS-1 circuits, between the unmanned central office facility on the former Navy Air Station Barber's Point property to the Coast Guard Air Station on the same property. QTY/UNIT UNIT PRICE TOTAL 12/MONTH $_________ $_______ CLIN 2001 – Option Year 2: 24 AUGUST 2007 THROUGH 23 AUGUST 2008. The contractor shall provide a microwave link for the delivery of switched network services to Coast Guard Air Station Barbers Point, Hawaii. The entire microwave link provided between the Coast Guard Building 1790 and the Verizon Central office shall be via microwave only. These services shall consist of a point to point microwave T-1, consisting of 4 DS-1 circuits, between the unmanned central office facility on the former Navy Air Station Barber's Point property to the Coast Guard Air Station on the same property. QTY/UNIT UNIT PRICE TOTAL 12/MONTH $_________ $_______ This contract will be based on the following criteria: Past performance, technical (capability) and price. Offerors are cautioned that the government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the best terms from a price and technical standpoint. CLAUSES: The following FAR provisions apply to this acquisition: FAR 52.212-1 Instruction to Offers Commercial Items, FAR 52.212-2 Evaluation-Commercial Items, FAR 52.212-3 Offeror Representatives and Certifications and Certifications Commercial Items, all offerors are to include with their offer a completed copy of the Representatives and Certifications. FAR 52.212-4, Contract Terms and Conditions Commerical Item. (p) Limitation of Liability, is revised to read: LIABILITY a. The Contractor shall be liable for and shall at all times defend, indemnify and hold harmless the Government, its officers, enlisted personnel, agents and employees from and against any all loss, damage or injury, including property damage, personal injury and death, which may be sustained by any person or persons, whether they be employees, agents, or representatives of the parties hereto, or third persons, as a result of the Contractor’s performance of this contract. The Contractor also shall be liable for and shall at all times defend, indemnify and hold harmless the Government, is officers, enlisted personnel, agents and employees from and against any and all public or private environmental claims or liabilities shall include but not be limited to civil and criminal penalties, natural resource damages, response costs, cleanup and remediation, damage to Government and third party property, and any other third party liability. b. In the event any such claim or demand is made upon the Government, its officers, enlisted personnel, agents or employees, or in the event any suit therefore is instituted, the Government shall give immediate notice of such claim or suit to the Contractor and will refrain from any payment or demand with respect to such claim or suit without first allowing the Contractor a reasonable opportunity to resolve the claim. The Contractor’s liability under this clause shall include reimbursement to the Government, its officers, enlisted personnel, agents and employees for any judgements, payments or litigation expenses occasioned to them in connection with claims, demands or suits of which notice has been given by the Government. c. The Contractor releases the Government, its officers, enlisted personnel, agents and employees from any liability for any loss, damage or injury, which may be sustained by the Contractor in the performance of this contract. d. Notwithstanding any other provisions of this clause, the Contractor shall not be liable for or required to defend, indemnify, hold harmless or release the Government, its officers, enlisted personnel, agents and employees for any judgement, payments or expenses arising out of and to the extent of the gross negligence, willful misconduct or criminal acts of the Government, its officers, enlisted personnel, agents or employees. FAR 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 this/these address(es): Federal Acquisition Regulation (FAR): http://www.arnet.gov/far/ Department of Homeland Security: http://www.dhs.gov/interweb/assetlibrary/DHS_HSAR_DEC_2003.pdf CLAUSE TITLE 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 52.215-5 FACSIMILE PROPOSALS (OCT 1997) 52.245-2 GOVERNMENT PROPERTY (Fixed-Price Contracts) (MAY 2004) 52.232-18 AVAILABILITY OF FUNDS. (APR 1984) 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION. (APR 1984) THE FOLLOWING HOMELAND SECURITY ACQUISITION REGULATION CLAUSES ARE INCORPORATED BY REFERENCE: CLAUSE TITLE 3052.220-90 LOCAL HIRE (DEC 2003) 3052.228-70 INSURANCE (DEC 2003) 3052.223-90 ACCIDENT AND FIRE REPORTING (DEC 2003) 3052.242-71 DISSEMINATION OF CONTRACT INFORMATION (DEC 2003) 3052.242-72 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (DEC 2003) 3052.245-70 GOVERNMENT PROPERTY REPORT (DEC 2003) 3052.209-70 (48 CFR Chapter 30) PROHIBITION ON CONTRACTS WITH CORPORATE EX-PATRIATES (DEC 2003) The following clauses cited in FAR 52.212-5 are applicable to this acquisition; FAR 52.203-6 Restrictions on Subcontractor Sales to the Government, with Alternate I (41 U.S.C. 2553g AND 10 2402), Prohibition of Segregated Facilities; FAR 52.222-26, Equal Opportunity (E.O. 11246); FAR 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era and other eligible Veterans (38 U.S.C. 4212); FAR 52.222-36 Affirmative Action for Workers with Disabilities (29 U.S.C. 793); FAR 52.222-37, Employment Reports on Special Disable Veterans, Veterans of the Vietnam Era, and other eligible veterans (38 U.S.C. 4212); FAR 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (31 U.S.C. 3332); FAR 52.222-41, Service Contract Act of 1965, As Amended (41 U.S.C. 351, et seq.); EXERCISE OF OPTION(S): The Coast Guard may unilaterally exercise its option(s) to extend the period of performance under this contract under FAR 52.217-9, Option to Extend Term of Contract, or exercise its option(s) for continuing performance for any service under FAR 52.217-8, Option to Extend Services. Exercise of option(s) may be subject to the Availability of Funds clause, FAR 52.232-18; FAR 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 AND 41 U.S.C. 351, et seq (Telephone Lineman, $24.18, Telecommunications Mechanic, $24.65). The Department of Labor Wage Determination No. 1994-2153 Revision No. 33 applies. The full text of any clauses reference above are available from the Contracting Officer or may be accessed electronically at: http://www.arnet.gov/far and http://www.dhs.gov/interweb/assetlibrary/DHS_HSAR_DEC_2003.pdf ADDENDA FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2004): The Government intends to award only one firm fixed price contract. OFFER SUBMITTALS: Offers may be submitted either by mail, facsimile or e-mail. If mailing, send to: Commander, Maintenance and Logistics Command Pacific (fcp-1), Bldg. 54-A, Coast Guard Island, Alameda, California 94501-5100, Attn: Chris Hum. If by facsimile to: (510) 437-3014; if by e-mail to [email protected]. Offeror’s must provide as a minimum: (1) solicitation number; (2) Company’s name and address, a point of contact, telephone number; (3) price and any discount terms; (4) Representatives and Certifications (5) Past Performance information; (6) Response to experience questions. SPECIAL NOTE: FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (JAN 1999) The Government will award one firm-fixed price contract resulting from this synopsis/solicitation to the responsible offeror(s) whose offer conforming to the solicitation will be more advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Technical Approach – Meet Technical Requirement, Price and Past Performance. 1) Price: The total price for CLIN 0001 and Options will be the evaluated in accordance with FAR 15.404-1(b). Past Performance: Will be evaluated on the quality of previous experience and the relevance of previous experience. The offeror is required to identify past or current contracts for efforts similar to all services relevant to this requirement. Offerors are to submit three (3) references. Provide as a minimum the following applicable information: Contract number, type of service involved, contract type (fixed price, time & material), total dollar amount, procuring activity or firm’s complete name, include addresses, telephone numbers and the point of contact. Past Performance will look at relevant experience, responsiveness, resources, quality and consistency of services, competence – customer satisfaction, management – adequate oversight. NOTE: Technical and Past Performance are approximately equal; when combined are aproximately equal to Price. 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. RESPONSE TIME: Offerors are to submit their proposals not later than Wednesday, 3 P.M. Pacific Coast Standard Day Light Savings Time by the Response Date: 18 August 2004. CURRENT POINT OF CONTACT: Chris Hum, Contract Specialist, Phone: VOICE 510-437-5914, FAX 510-437-3014, Email [email protected] PLACE OF PERFORMANCE: U.S. Coast Guard Air Station Barbers Point at 1 Coral Sea Road Kapolei, Hawaii 96862.