23_ASF_BOOM_Carolinas

(II)       This solicitation is issued as a request for quotation (RFQ).  Submit written quotes on RFQ Number NM-AN2100-23-00803   23_ASF_BOOM_Carolinas.

(III)     The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01.

(IV)     This solicitation is being issued as a Total Small Business Set-Aside. The associated NAICS code is 562910.  The small business size standard is 750 Employees. 

(V)       This specification contains requirements for providing containment boom for NOAA.

REQUIREMENTS:

• Provide and deploy up to fuel boom for partial enclosure of vessel fueling/oil transfer operations.  X feet of boom to surround three sides (fore, aft, and outboard) of NOAA Vessels during fueling and offload of any waste oil to collection through coordination with ship POC.
• Recover fuel boom after event.
• Event dates may include holidays and weekends
• Be able to schedule boom delivery within one calendar week of receipt of request from Contracting Officer
• Additional full-enclosure or larger boom requirements met with longer lead times.
• Other NOAA vessels can range from 200ft – 600ft

(VII)    Date(s) and place(s) of delivery and acceptance.

US Coast Guard Station Charleston
196 Tradd Street
Charleston, SC 29401-1800

Period of Performance

03/24/2023-09/30/2023

Option Year 1

10/01/2023-09/30/2024

Blanket Purchase Agreement is being considered for this procurement. Ordering Activity for this requirement is NOAA OMAO Marine Operations Acquisition Branch.

This requirement will be using FAR part 13 for determination.

1. The Request for Quote (RFQ) number;
2. The Name, Address, Telephone Number, and SAM UEI of the Offeror;
3. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ. Quotes that reject the terms and conditions of the RFQ may be excluded from consideration; 
4. Acknowledgment of Solicitation Amendments (SF-30), if any.
5. Address the ability of meeting the requirements per the Specifications with a detail material specification or data sheet, pictures of the item, and authorized OEM letter to sale or distribute their products.

6. Please provide name, address, telephone number, SAM Unique Identifier, Cage #A.

8. An itemized/detail breakdown cost of the quote that will reflect the entire price under this RFQ. (That would include if applicable the following: Deployment/Recovery, Boom per foot, and any other associated fees. If it’s a flat rate per boom regardless of length, please specify).

9. A copy of the liability insurance (please ensure is up to date).

10. Include statement specifying the extent of agreement with all terms, conditions, and provision included in the rfq. Quotes that rejects the terms and conditions of the RFQ may be excluded from consideration.

11. Please provide at least three detail jobs with references performed within the past three years that are the same or similar in scope onboard marine vessels.

12. Vendor shall provide a point of contact that includes name, telephone number, emails, contract value and a detail description of the work performed.

*** The government will award a Blanket Purchase Agreement contract based on best value to the government, availability and price. Price will be evaluated on base cost and optional cost. *** (Quotes shall be itemized, break down i.e. Boom Deployment, Recovery, Per foot cost, or daily cost, fuel surcharges, etc.).

"THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES.  IT IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF THE QUOTE RECEIPT".

CAM 1352.215-72 Inquiries (APR 2010)

OFFERORS MUST SUBMIT ALL QUESTIONS CONCERNING THIS SOLICITATION IN WRITING TO [email protected] or link below

 https://app.smartsheetgov.com/b/form/8f2fba2d1dcf4bbca2ccd6c97a384cee

Contact Christopher Baker at [email protected] for information regarding this solicitation. Inquiries and/or Questions shall be submitted electronically via email to [email protected]

 (End of clause)

(IX)   FAR 52.212-2, Evaluation – Commercial Items (https://www.acquisition.gov/far/part-52), applies to this acquisition.  Offers will be evaluated based on price and the factors set forth in paragraph (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.   Paragraph (a) is hereby completed as follows: Evaluation will be based on

            a) Option CLINs will be evaluated on overall Cost and need by the Government. Options are being considered. Vendor shall confirm if pricing will remain the same each option year.

            b)Availability (Parts, Service Completion)

            c) Price (Base Price and Optional Price)

The Government intends to award a best value trade-off, firm fixed-price purchase order on an all or none basis with payment terms of Net 30. 

(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)

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2022) (Deviation 2021-06) (Sept 2021) (Deviation 2020-11) (Aug 2020) (Deviation 2020-05) (Apr 2020) (Deviation 2017-05)(Sept 2017)

PROVISIONS:

DEPARTMENT OF COMMERCE CLAUSES - FOR FULL TEXT OF A COMMERCE ACQUISITION REGULATION, CLAUSE OR PROVISION YOU MAY GO TO THE FOLLOWING WEBSITE,

https://www.ecfr.gov/cgi-bin/text-idx?SID=bf6e18a9476188ddcae1efa1cc9fcabd&mc=true&tpl=/ecfrbrowse/Title48/48cfr1352_main_02.tpl

CAR 1352.201-70, CONTRACTING OFFICER'S AUTHORITY (APRIL 2010)

CAR 1352.209-73, COMPLIANCE WITH THE LAWS (APRIL 2010)

CAR 1352.209-74, ORGANIZATIONAL CONFLICT OF INTEREST (APRIL 2010)

1352.233-70 Agency Protests (insert current date)

            (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 Fed. Reg. 16,651 (April 6, 1999)

            (b) Agency protests filed with the Contracting Officer shall be sent to the following address: [Insert Director’s Information 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, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

1352.233-71 GAO and Court of Federal Claims protests (https://www.acquisition.gov/car/part-1352-solicitation-provisions-and-contract-clauses)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) 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, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

NOAA ACQUISITION MANUAL (NAM) CONTRACT LANGUAGE (ADD ANY OTHERS THAT APPLY)

NAM 1330-52.270-304 NOAA ACQUISITION AND GRANTS OFFICE OMBUDSMAN (OCT 2016)

1. The NOAA Acquisition and Grants Office (AGO) Ombudsman is available to organizations to promote responsible and meaningful exchanges of information. Generally, the purpose of these exchanges will be to:

1. 1. Allow contractors to better prepare for and propose on business opportunities.

1. 1. Advise as to technologies and solutions within the marketplace that the Government may not be aware of, or is not fully benefiting from.

1. 1. Identify constraints in transparency and process.

1. The AGO Ombudsman will objectively, reasonably, and responsibly collaborate with parties and recommend fair, impartial, and constructive solutions to the matters presented to him/her. Further, the AGO Ombudsman will maintain the reasonable and responsible confidentiality of the source of a concern, when such a request has been formally made by an authorized officer of an organization seeking to do business with, or already doing business with NOAA.

1. Before consulting with the AGO Ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations with the respective contracting officer for resolution. However, direct access to the AGO Ombudsman may be sought when an interested party questions the objectivity or equity of a contracting officer's decision, or when there is a bona fide reason to believe that reasonable, responsible, and objective consideration will not be received from an assigned contracting officer.

1. There are several constraints to the scope of the AGO Ombudsman's authority, for instance:

1. 1. Consulting with the AGO Ombudsman does not alter or postpone the timelines of any formal process (e.g., protests, claims, debriefings, employee employer actions, activities involving A-76 competition performance decisions, judicial or congressional hearings, or proposal, amendment, modification or deliverable due dates, etc.).

1. 1. The AGO Ombudsman cannot participate in the evaluation of proposals, source selection processes, or the adjudication of protests or formal contract disputes.

1. 1. The AGO Ombudsman is not authorized to generate or alter laws, judicial decisions, rules, policies, or formal guidance.

1. 1. The AGO Ombudsman is not authorized to develop or alter opportunity announcements, solicitations, contracts, or their terms or conditions.

1. 1. The AGO Ombudsman cannot overrule the authorized decisions or determinations of the contracting officer.

1. 1. The AGO Ombudsman has no authority to render a decision that binds AGO, NOAA, the Department of Commerce, or the U.S. Government.

1. 1. The AGO Ombudsman is not NOAA's agent relative to the service of magistrate or judicial process and cannot be used to extend service of process to another party (whether federal, public, or a private entity).

1. After review and analysis of a filed concern or recommendation, the AGO Ombudsman may refer the interested party to another more suitable federal official for consideration. Moreover, concerns, disagreements, and/or recommendations that cannot be resolved by the AGO Ombudsman will need to be pursued through more formal venues.

1. The AGO Ombudsman is not to be contacted to request copies of forms and/or documents under the purview of a contracting officer. Such documents include Requests for Information, solicitations, amendments, contracts, modifications, or conference materials.

1. Questions regarding this solicitation and contract language shall be directed to Rafael Roman, NOAA AGO Ombudsman, at [email protected].

(End of solicitation and contract language)

(XIV) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

(XV) Offers shall submit quotes electronically no later than 0900 hrs EST, March 15, 2023. Purchase Order will be issued after evaluation of quotes and made to the vendor whose quote is best value to the Government with regards to Options, Availability, and price