AMENDMENT NOTICE: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.The solicitation number is PIFSC-13-FB11 and is issued as an invitation for bids (IFB), unless otherwise indicated herein.The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular FAC 2005-69. The associated North American Industrial Classification System (NAICS) code for this procurement is 326122 with a small business size standard of 500.00 employees.This requirement is a [ Small Business ] set-aside and only qualified offerors may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2013-08-23 14:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be Honolulu, HI 96818 The DOC NOAA Western Region Acquisition Division - Honolulu Office requires the following items, Meet or Exceed, to the following: LI 001: Base Plate Gray type 1 PVC PVC thickness(mm):12.7 Dimensions (mm): 450 x 350 (As per statement of work and specifications), 120, EA; LI 002: PLATE Gray type 1 PVC PVC thickness(mm):6.35 Dimensions (mm): 225 x 225 (As per statement of work and specifications), 1200, EA; LI 003: LAMINATE Gray type 1 PVC PVC thickness(mm):0.06 Dimensions (mm): 225 x 225 (As per statement of work and specifications), 2040, EA; LI 004: LONG CROSS SPACER Gray type 1 PVC PVC thickness(mm):12.7 Dimensions (mm): 300 x 20 (As per statement of work and specifications), 480, EA; LI 005: SHORT CROSS SPACER Gray type 1 PVC PVC thickness(mm):12.7 Dimensions (mm): 140 x 20 (As per statement of work and specifications), 960, EA; LI 006: SHIPPING AND HANDLING (FOR CHARGES EXCEEDING $100, PLEASE PREPAY AND ADD TO INVOICE SUPPORTED BY A FREIGHT BILL), 1, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DOC NOAA Western Region Acquisition Division - Honolulu Office intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DOC NOAA Western Region Acquisition Division - Honolulu Office is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids.All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at
[email protected]. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or
[email protected] of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. by reference: http://www.acquisition.gov/far/ by reference: http://www.acquisition.gov/far/ by reference: http://www.acquisition.gov/far/ by reference: http://www.acquisition.gov/far/ As prescribed in 48 CFR 1313.106?2?70, insert the following provision: Evaluation Utilizing Simplified Acquisition Procedures (Date) All solicitations using simplified acquisition procedures in FAR Part 13 must include provision 1352.213?70, Evaluation Utilizing Simplified Acquisition Procedures, or similar language setting out evaluation criteria.The Government will issue an order resulting from this request for quotation to the responsible offeror whose quotation results in the best value to the Government, considering both price and non-price factors. Insert a clause substantially similar to 1352.246?70, Place of Acceptance, in contracts and solicitations to indicate where the acceptance of supplies and/or services will take place. As prescribed in 1346.503, insert the following clause: Place of Acceptance (APR 2010) (a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be: NOAA NMFS (CRED) ATTN: MOLLY TIMMERS c/o RICHIE JONES 1875 WASP BLVD, BLDG 130 FORD ISLAND HONOLULU, HI 96818 (808) 690-9619 As prescribed in 52.107(b), insert the following clause: 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): http://www.acquisition.gov/far/ As prescribed in 47.303-6(c), insert the following clause: F.o.b. Destination (Nov 1991) (a) The term ?f.o.b. destination,? as used in this clause, means? (1) Free of expense to the Government, on board the carrier?s conveyance, at a specified delivery point where the consignee?s facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and (2) Supplies shall be delivered to the destination consignee?s wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or ?constructive placement? as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including ?piggyback?) is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for ?heavy or bulky freight.? When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee. (b) The Contractor shall? (1)(i) Pack and mark the shipment to comply with contract specifications; or (ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements; (2) Prepare and distribute commercial bills of lading; (3) Deliver the shipment in good order and condition to the point of delivery specified in the contract; (4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5) Furnish a delivery schedule and designate the mode of delivering carrier; and (6) Pay and bear all charges to the specified point of delivery. (End of clause) by reference: http://www.acquisition.gov/far/ (FULL TEXT - please see attachment A) (FULL TEXT - please see attachment A) As prescribed in 48 CFR 1333.103(a), insert the following provision: Agency Protests (APR 2010) (a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999). (b) Agency protests filed with the Contracting Officer shall be sent to the following address: [Insert Contracting Officer name and Address] (c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: [Insert appropriate Protest Decision Authority name and Address] (d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority. (e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482?5858. (End of clause) [75 FR 10570, Mar. 8, 2010; 75 FR 14496, Mar. 26, 2010] As prescribed in 17.208(f), insert a clause substantially the same as the following: Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period of performance. (End of clause) As referenced in http://cfr.regstoday.com/48cfr1352.aspx As prescribed in 32.706-3, insert the following clause: UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (1) Any such clause is unenforceable against the Government. (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ?I agree? click box or other comparable mechanism (e.g., ?click-wrap? or ?browse-wrap? agreements), execution does not bind the Government or any Government authorized end user to such clause. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (End of clause)