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 70FBR218P0000144 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 2005-96. The associated North American Industrial Classification System (NAICS) code for this procurement is 561612 with a small business size standard of $20.50M. 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 2018-01-09 14:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com. FOB Destination shall be in the Place of Performance. The DHS Federal Emergency Management Agency requires the following items, Meet or Exceed, to the following: Base Period of Performance: 01/12/2018 - 04/11/2018 LI 001: St Croix USVI : Armed Guards Service Needed: Estimated 10 sites in St Croix, 28 officers per week. Minimum of 90 days with extensions as needed., 22848, HR; LI 002: St Thomas: Armed Guards Service Needed:Estimated 12 sites in St Thomas, 47 officers per week. Minimum of 90 days with extensions as needed., 38724, HR; LI 003: St John: Armed Guards Service Needed: Estimated 4 sites in St Johns, 8 officers per week. Minimum of 90 days with extensions as needed., 7728, HR; Option 1 Period of Performance: 04/12/2018 - 05/11/2018 LI 001: St Croix USVI : Armed Guards Service Needed: Estimated 10 sites in St Croix, 28 officers per week. Minimum of 30 days with extensions as needed., 7616, HR; LI 002: St Thomas: Armed Guards Service Needed:Estimated 12 sites in St Thomas, 47 officers per week. Minimum of 30 days with extensions as needed., 12908, HR; LI 003: St John: Armed Guards Service Needed: Estimated 4 sites in St Johns, 8 officers per week. Minimum of 30 days with extensions as needed., 2576, HR; Option 2 Period of Performance: 05/12/2018 - 06/11/2018 LI 001: St Croix USVI : Armed Guards Service Needed: Estimated 10 sites in St Croix, 28 officers per week. Minimum of 30 days with extensions as needed., 7616, HR; LI 002: St Thomas: Armed Guards Service Needed:Estimated 12 sites in St Thomas, 47 officers per week. Minimum of 30 days with extensions as needed., 12908, HR; LI 003: St John: Armed Guards Service Needed: Estimated 4 sites in St Johns, 8 officers per week. Minimum of 30 days with extensions as needed., 2576, HR; Option 3 Period of Performance: 06/12/2018 - 07/11/2018 LI 001: St Croix USVI : Armed Guards Service Needed: Estimated 10 sites in St Croix, 28 officers per week. Minimum of 30 days with extensions as needed., 7616, HR; LI 002: St Thomas: Armed Guards Service Needed:Estimated 12 sites in St Thomas, 47 officers per week. Minimum of 30 days with extensions as needed., 12908, HR; LI 003: St John: Armed Guards Service Needed: Estimated 4 sites in St Johns, 8 officers per week. Minimum of 30 days with extensions as needed., 2576, HR; 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 Federal Emergency Management Agency 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 Federal Emergency Management Agency 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. New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be "ACTIVE" at the time of award. 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/. Preference will be given to vendors based in the United States Virgin Islands in accordance with Stafford Act Section 307. In order to be eligible for preference, sellers must have their primary business location in the United States Virgin Islands per Stafford Act and FAR 52.226-3. All eligible bidders can bid however preference for award will be given to the local bidder residing within disaster declaration DR-4335 US Virgin Islands and DR-4340 US Virgin Islands based on SAM registration address as defined by FAR 52.226.3c. If the offeror does not meet representation criteria of FAR 52.226-3c, he/she shall furnish documentation to support it representation IAW FAR 52.226-3d. (a) Definitions. As used in this clause— “Commercially available off-the-shelf (COTS) item�— (1) Means any item of supply (including construction material) that is— (i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. “Component� means an article, material, or supply incorporated directly into an end product. “Cost of components� means— (3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. “Domestic end product� means— (1) An unmanufactured end product mined or produced in the United States; (2) An end product manufactured in the United States, if— (i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or (ii) The end product is a COTS item. “End product� means those articles, materials, and supplies to be acquired under the contract for public use. “Foreign end product� means an end product other than a domestic end product. “United States� means the 50 States, the District of Columbia, and outlying areas. (b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the component test of the Buy American statute is waived for an end product that is a COTS item (See 12.505(a)(1)). (c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract. (d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled “Buy American Certificate.� 52.225-2 Buy American Certificate. As prescribed in 25.1101(a)(2), insert the following provision: Buy American Certificate (May 2014) (a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.� The terms “commercially available off-the-shelf (COTS) item,� “component,� “domestic end product,� “end product,� “foreign end product,� and “United States� are defined in the clause of this solicitation entitled “Buy American—Supplies.� (b) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation. 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. As prescribed in 26.206(a), insert the following provision: Disaster or Emergency Area Representation (Nov 2007) (a) Set-aside area. The area covered in this contract is: United State Virgin Islands. (b) Representations. The offeror represents that it o does o does not reside or primarily do business in the designated set-aside area. (c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months— (1) The offeror had its main operating office in the area; and (2) That office generated at least half of the offeror’s gross revenues and employed at least half of the offeror’s permanent employees. (d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include— (1) Physical location(s) of the offeror’s permanent office(s) and date any office in the set-aside area(s) was established; (2) Current state licenses; (3) Record of past work in the set-aside area(s) (e.g., how much and for how long); (4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area; (5) Percentage of the offeror’s gross revenues attributable to work performed in the set-aside area; (6) Number of permanent employees the offeror employs in the set-aside area; (7) Membership in local and state organizations in the set-aside area; and (8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements. (e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation. Disaster or Emergency Area Representation (Nov 2007) (a) Set-aside area. The area covered in this contract is: US Virgin Islands. FEMA reserves the right to make multiple awards from this solicitation. 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, price and other factors considered. The following factors shall be used to evaluate offers: SEE ATTACHMENT (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. (End of Provision) Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) . There are no funds for this solicitation requirement and a contract or order can be awarded only if funds become available.