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 20107673 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 2005-99. The associated North American Industrial Classification System (NAICS) code for this procurement is 562991 with a small business size standard of $7.50M. 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 2018-08-06 11:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com. FOB Destination shall be , null null The DHS Customs and Border Protection (CBP) requires the following items, Purchase Description Determined by Line Item, to the following: Base Period of Performance: 08/03/2018 - 08/02/2019 LI 001: Location 1. - TWO (2) UNITS for a period of 12 months. APL Terminal: 614 Terminal Way Terminal Island, CA 90731 Berths 302-305, 1, AU; LI 002: Location 2. - FOUR (4) UNITS for a period of 12 months. APM Terminal (MAERSK): 2500 Navy Way Terminal Island, CA 90731 Berths 401-406, 1, AU; LI 003: Location 3. - TWO (2) UNITS for a period of 12 months. Evergreen (Everport) Container Terminal: 389 Terminal Way, Terminal Island , CA 90731 Berths 226-236., 1, AU; LI 004: Location 4. - TWO (2) UNITS for a period of 12 months. Also requires secondary containment pans under both porta pottys at this one location. Hanjin (TTI) Shipping Co.: 301 Hanjin Road, Long Beach, CA. 90802 Berths T132-T140., 1, AU; LI 005: Location 5. - TWO (2) UNITS for a period of 12 months. ITS (International Transportation Service: 1281 Pier J Ave. Long Beach, CA 90802 Berths G226-G236., 1, AU; LI 006: Location 6. - TWO (2) UNITS for a period of 12 months. PCT (Pacific Container Terminal): 1521 Pier J Ave. Long Beach, CA 90802 Berths J243-J247, J266-J270., 1, AU; LI 007: Location 7. - TWO (2) UNITS for a period of 12 months. Pier A -ZIM (SSA Terminal): 700 Pier A Plaza, Long Beach, CA 90813 Berths A88-A96., 1, AU; LI 008: Location 8. - FOUR (4) UNITS for a period of 12 months. West Basin Container Terminal: 2050 John Gibson Blvd., San Pedro, CA 90731 Berths 100-102 & 121-131., 1, AU; LI 009: Location 9. - FOUR (4) UNITS for a period of 12 months. YUSEN (YTI) Terminal: 701 New Dock St. Terminal Island, CA 90731 Berths 212-225., 1, AU; Option 1 Period of Performance: 08/03/2019 - 08/02/2020 LI 001: Location 1. - TWO (2) UNITS for a period of 12 months. APL Terminal: 614 Terminal Way Terminal Island, CA 90731 Berths 302-305, 1, AU; LI 002: Location 2. - FOUR (4) UNITS for a period of 12 months. APM Terminal (MAERSK): 2500 Navy Way Terminal Island, CA 90731 Berths 401-406, 1, AU; LI 003: Location 3. - TWO (2) UNITS for a period of 12 months. Evergreen (Everport) Container Terminal: 389 Terminal Way, Terminal Island , CA 90731 Berths 226-236., 1, AU; LI 004: Location 4. - TWO (2) UNITS for a period of 12 months. Also requires secondary containment pans under both porta pottys at this one location. Hanjin (TTI) Shipping Co.: 301 Hanjin Road, Long Beach, CA. 90802 Berths T132-T140., 1, AU; LI 005: Location 5. - TWO (2) UNITS for a period of 12 months. ITS (International Transportation Service: 1281 Pier J Ave. Long Beach, CA 90802 Berths G226-G236., 1, AU; LI 006: Location 6. - TWO (2) UNITS for a period of 12 months. PCT (Pacific Container Terminal): 1521 Pier J Ave. Long Beach, CA 90802 Berths J243-J247, J266-J270., 1, AU; LI 007: Location 7. - TWO (2) UNITS for a period of 12 months. Pier A -ZIM (SSA Terminal): 700 Pier A Plaza, Long Beach, CA 90813 Berths A88-A96., 1, AU; LI 008: Location 8. - FOUR (4) UNITS for a period of 12 months. West Basin Container Terminal: 2050 John Gibson Blvd., San Pedro, CA 90731 Berths 100-102 & 121-131., 1, AU; LI 009: Location 9. - FOUR (4) UNITS for a period of 12 months. YUSEN (YTI) Terminal: 701 New Dock St. Terminal Island, CA 90731 Berths 212-225., 1, AU; Option 2 Period of Performance: 08/03/2020 - 08/02/2021 LI 001: Location 1. - TWO (2) UNITS for a period of 12 months. APL Terminal: 614 Terminal Way Terminal Island, CA 90731 Berths 302-305, 1, AU; LI 002: Location 2. - FOUR (4) UNITS for a period of 12 months. APM Terminal (MAERSK): 2500 Navy Way Terminal Island, CA 90731 Berths 401-406, 1, AU; LI 003: Location 3. - TWO (2) UNITS for a period of 12 months. Evergreen (Everport) Container Terminal: 389 Terminal Way, Terminal Island , CA 90731 Berths 226-236., 1, AU; LI 004: Location 4. - TWO (2) UNITS for a period of 12 months. Also requires secondary containment pans under both porta pottys at this one location. Hanjin (TTI) Shipping Co.: 301 Hanjin Road, Long Beach, CA. 90802 Berths T132-T140., 1, AU; LI 005: Location 5. - TWO (2) UNITS for a period of 12 months. ITS (International Transportation Service: 1281 Pier J Ave. Long Beach, CA 90802 Berths G226-G236., 1, AU; LI 006: Location 6. - TWO (2) UNITS for a period of 12 months. PCT (Pacific Container Terminal): 1521 Pier J Ave. Long Beach, CA 90802 Berths J243-J247, J266-J270., 1, AU; LI 007: Location 7. - TWO (2) UNITS for a period of 12 months. Pier A -ZIM (SSA Terminal): 700 Pier A Plaza, Long Beach, CA 90813 Berths A88-A96., 1, AU; LI 008: Location 8. - FOUR (4) UNITS for a period of 12 months. West Basin Container Terminal: 2050 John Gibson Blvd., San Pedro, CA 90731 Berths 100-102 & 121-131., 1, AU; LI 009: Location 9. - FOUR (4) UNITS for a period of 12 months. YUSEN (YTI) Terminal: 701 New Dock St. Terminal Island, CA 90731 Berths 212-225., 1, AU; Option 3 Period of Performance: 08/03/2021 - 08/02/2022 LI 001: Location 1. - TWO (2) UNITS for a period of 12 months. APL Terminal: 614 Terminal Way Terminal Island, CA 90731 Berths 302-305, 1, AU; LI 002: Location 2. - FOUR (4) UNITS for a period of 12 months. APM Terminal (MAERSK): 2500 Navy Way Terminal Island, CA 90731 Berths 401-406, 1, AU; LI 003: Location 3. - TWO (2) UNITS for a period of 12 months. Evergreen (Everport) Container Terminal: 389 Terminal Way, Terminal Island , CA 90731 Berths 226-236., 1, AU; LI 004: Location 4. - TWO (2) UNITS for a period of 12 months. Also requires secondary containment pans under both porta pottys at this one location. Hanjin (TTI) Shipping Co.: 301 Hanjin Road, Long Beach, CA. 90802 Berths T132-T140., 1, AU; LI 005: Location 5. - TWO (2) UNITS for a period of 12 months. ITS (International Transportation Service: 1281 Pier J Ave. Long Beach, CA 90802 Berths G226-G236., 1, AU; LI 006: Location 6. - TWO (2) UNITS for a period of 12 months. PCT (Pacific Container Terminal): 1521 Pier J Ave. Long Beach, CA 90802 Berths J243-J247, J266-J270., 1, AU; LI 007: Location 7. - TWO (2) UNITS for a period of 12 months. Pier A -ZIM (SSA Terminal): 700 Pier A Plaza, Long Beach, CA 90813 Berths A88-A96., 1, AU; LI 008: Location 8. - FOUR (4) UNITS for a period of 12 months. West Basin Container Terminal: 2050 John Gibson Blvd., San Pedro, CA 90731 Berths 100-102 & 121-131., 1, AU; LI 009: Location 9. - FOUR (4) UNITS for a period of 12 months. YUSEN (YTI) Terminal: 701 New Dock St. Terminal Island, CA 90731 Berths 212-225., 1, AU; Option 4 Period of Performance: 08/03/2022 - 08/02/2023 LI 001: Location 1.- TWO (2) UNITS for a period of 12 months. APL Terminal: 614 Terminal Way Terminal Island, CA 90731 Berths 302-305, 1, AU; LI 002: Location 2. - FOUR (4) UNITS for a period of 12 months. APM Terminal (MAERSK): 2500 Navy Way Terminal Island, CA 90731 Berths 401-406, 1, AU; LI 003: Location 3. - TWO (2) UNITS for a period of 12 months. Evergreen (Everport) Container Terminal: 389 Terminal Way, Terminal Island , CA 90731 Berths 226-236., 1, AU; LI 004: Location 4. - TWO (2) UNITS for a period of 12 months. Also requires secondary containment pans under both porta pottys at this one location. Hanjin (TTI) Shipping Co.: 301 Hanjin Road, Long Beach, CA. 90802 Berths T132-T140., 1, AU; LI 005: Location 5. - TWO (2) UNITS for a period of 12 months. ITS (International Transportation Service: 1281 Pier J Ave. Long Beach, CA 90802 Berths G226-G236., 1, AU; LI 006: Location 6. - TWO (2) UNITS for a period of 12 months. PCT (Pacific Container Terminal): 1521 Pier J Ave. Long Beach, CA 90802 Berths J243-J247, J266-J270., 1, AU; LI 007: Location 7. - TWO (2) UNITS for a period of 12 months. Pier A -ZIM (SSA Terminal): 700 Pier A Plaza, Long Beach, CA 90813 Berths A88-A96., 1, AU; LI 008: Location 8. - FOUR (4) UNITS for a period of 12 months. West Basin Container Terminal: 2050 John Gibson Blvd., San Pedro, CA 90731 Berths 100-102 & 121-131., 1, AU; LI 009: Location 9. - FOUR (4) UNITS for a period of 12 months. YUSEN (YTI) Terminal: 701 New Dock St. Terminal Island, CA 90731 Berths 212-225., 1, AU; 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, DHS Customs and Border Protection (CBP) 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. DHS Customs and Border Protection (CBP) 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. Unless the Buyer indicates otherwise within a particular line item description, each Seller shall include in its online Bid individual pricing for all required line items in order to be considered for award (i.e., Do not use the “Included in another line item” function when pricing each line item). If a line item cannot be separately priced, you must notify the buyer through the FedBid ‘Submit a Question’ feature regarding which line item(s) should be included in which other line item(s) and request reposting. Failure to comply with this term may result in the Bid being determined to be non-responsive. Bid MUST be good for 30 calendar days after close of Buy. This solicitation requires registration with the System for Award Management (SAM) prior to award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/. FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far. Q&A -Please submit all questions by using the 'Submit a Question' button. This buy will then be reposted with Q&A based on the questions that come in (if applicable). Proposals that do not respond to all requirements in the solicitation may be rejected without further evaluation, deliberation, or discussion. The Government may reject any proposal that is evaluated to be significantly not compliant with the solicitation requirements, unrealistically high or low in price, or reflects a failure to comprehend the complexity and risks of the work to be performed. The Government reserves the right to award without discussions with Offerors. 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) (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 and whose offer is the Lowest Priced Technically Acceptable (LPTA). Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. The following factors shall be used to evaluate offers: 1. TECHNICAL AND MANAGEMENT APPROACH (non-cost) Each Offeror will be evaluated on a contractor-provided approach formulated to meet the requirements of the Statement of Work (SOW). The proposal should fully outline the capabilities and methodology to provide the services as required. 2. PAST PERFORMANCE (non-cost) Offerors will be evaluated on their recent (within the past 3 years) performance of relevant services as described in the requirements of the SOW. Offerors should provide references for the same or similar work performed for Federal, State, and local government and private clients. The Government will consider this information, as well as information obtained from any other sources, when evaluating the offeror’s past performance. An offeror will not be evaluated favorably or unfavorably on past performance if the offeror has no record of relevant past performance or for whom information on past performance is not available. 3. PRICE A comparison of proposal pricing received in response to the solicitation will be made in order to make a determination of fair and reasonable pricing in accordance with the Firm Fixed Price nature of this acquisition action. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (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. In addition to providing pricing at www.FedBid.com for this solicitation, each Offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation. Submissions can be sent to
[email protected]. For Exact Match Services Buys Only- In order for a sellers bid to be 'responsive' and considered for award, the seller is REQUIRED to document exactly how they intend to meet the requirements of the SOW. They shall document statement detailing the service for evaluation. Failure to do this may be cause for termination. This information is REQUIRED in order for a sellers bid to be deemed 'responsive' and to be considered for award. In accordance with the IPP clause; ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP) (JAN 2016), payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use IPP for contracts and orders awarded April 11, 2016 or later. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https:// www.ipp.gov. Contractor assistance with IPP enrollment can be obtained by contacting
[email protected] or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer. G.4 CONTRACTING OFFICER'S AUTHORITY (MAR 2003) Reference: FAR 1.602-1 The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer. SPECIAL SECURITY REQUIREMENT and CONTRACTOR PRE-SCREENING (SEP 2011) 1.Contractors requiring recurring access to Government facilities or access to sensitive but unclassified information and/or logical access to Information Technology (IT) resources shall verify minimal fitness requirements for all persons/candidates designated for employment under any Department of Security (DHS) contract by pre-screening the person /candidate prior to submitting the name for consideration to work on the contract. Pre-screening the candidate ensures that minimum fitness requirement are considered and mitigates the burden of DHS having to conduct background investigations on objectionable candidates. The Contractor shall submit only those candidates that have not had a felony conviction within the past 36 months, illegal drug use within the past 12 months from the date of submission of their name as a candidate to perform work under this contract. Contractors are required to flow this requirement down to subcontractors. Pre-screening involves contractors and subcontractors reviewing: a. Felony convictions within the past 36 months. An acceptable means of obtaining information on felony convictions is from public records, free of charge, or from the National Crime Information Center (NCIC). b. Illegal drug use within the past 12 months. An acceptable means of obtaining information related to drug use is through employee self certification, by public records check; or if the contractor or subcontractor already has drug testing in place. There is no requirement for contractors and/or subcontractors to initiate a drug testing program if they do not have one already in place. c. Misconduct such as criminal activity on the job relating to fraud or theft within the past 12 months. An acceptable means of obtaining information related to misconduct is through employee self certification, by public records check, or other reference checks conducted in the normal course of business. 2. Pre-screening shall be conducted within 15 business days after contract award. This requirement shall be placed in all subcontracts if the subcontractor requires routine physical access, access to sensitive but unclassified information, and/or logical access to IT resources. Failure to comply with the pre-screening requirement will result in the Contracting Officer taking the appropriate remedy. Definition: Logical Access means providing an authorized user the ability to access one or more computer system resources such as a workstation, network, application, or database through automated tools. A logical access control system (LACS) requires validation of an individual identity through some mechanism such as a personal identification number (PIN), card, username and password, biometric, or other token. The system has the capability to assign different access privileges to different persons depending on their roles and responsibilities in an organization.