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Solicitation No. W912D1-15-R-0014, issued by the Department <br><br>of the Army to provide and install sunshade canopies at various <br><br>sites in Kuwait where Latvian Connection, LLC submitted a <br><br>proposal but had been emailed to the Contracting Officer, who <br><br>was away on temporary duty. The Army posted Amendment 4 <br><br>on the AFSI on April 28. The Army did not post Amendment 4 on <br><br>FedBizOpps. Latvian Connection LLc was not emailed of the <br><br>Amendment 0004 and was not provided sufficient time in which <br><br>to submit a response to the amendment. This constitutes to <br><br>Fraud for Unequal treatment of bidders.<br>
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1. CONTRACT ID CODE S PAGE OF PAGES 1 AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 7 2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 14-Apr-2015 W912D1 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO.(If applicable) 0010631080 U0001 6. ISSUED BY CODE 7. ADMINISTERED BY (If other than item 6) CODE US ARMY CONTRACTING COMMAND SWA - KUWAIT ATTN: MAJ ERIC A. BROOKS BLDG T-346 RED BALL EXPRESS RD APO AE 09366 See Item 6 9A. AMENDMENT OF SOLICITATION NO. 8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) XW912D1-15-R-0014 X9B. DATED (SEE ITEM 11) 20-Mar-2015 10A. MOD. OF CONTRACT/ORDER NO. 10B. DATED (SEE ITEM 13) CODE FACILITY CODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS Xis extended, is not extended. XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods: (a) By completing Items 8 and 15, and returning or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contractor is required to sign this document and return copies to the issuing office. is not, X 1 14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.) The purpose of this modification is to: 1. Correct CLIN 0001. 2. Answer vendor questions. 3. Extend the solicitation closing date to Monday 20 April 2015. Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print) TEL: EMAIL: 15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED BY (Signature of person authorized to sign) (Signature of Contracting Officer) EXCEPTION TO SF 30 APPROVED BY OIRM 11-84 STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA FAR (48 CFR) 53.243 30-105-04
W912D1-15-R-0014 Page 2 of 7 SECTION SF 30 BLOCK 14 CONTINUATION PAGE SUMMARY OF CHANGES SECTION B - SUPPLIES OR SERVICES AND PRICES CLIN 0001 The CLIN extended description has changed from Contractor shall install 1 sunshades with the following dimensions at each of the following 3 locations in Camp Arifjan:28ft w X 46ft l X 20ft h-PAT SITE III, zone 5, at Camp Arifjan 40ft L X 40ft W X 18ft h-PAT SITE IV, zone 7, at Camp Arifjan44ft L X 56ft W X 18ft h-PAT SITE III, zone 5, at Camp Arifjan to Contractor shall install 1 sunshades with the following dimensions at each of the following 3 locations in Camp Arifjan:28ft w X 46ft l X 20ft h PAT SITE III, zone 5, at Camp Arifjan42L X 31W X 18H-PAT SITE III Resiliency Center, zone 5, at Camp Arifjan30ft w X 46ft l X 18ft h-PAT SITE IV, zone 7, at Camp Arifjan. SECTION I - CONTRACT CLAUSES The following have been modified: ADDENDUM TO 52.212-1 Addendum to 52.212-1 Instructions to Offerors PLEASE READ CAREFULLY: To assure timely and equitable evaluation of quotes, interested parties must follow the instructions contained herein. The quote must be complete, self-sufficient, and respond directly to the requirements of this solicitation. Interested parties are encouraged to ask questions regarding this solicitation. Technical related questions will be accepted by email up to 1:00 pm AST on 16 April 2015. This requirement is to procure the following:The Contractor shall provide services in accordance with (IAW) the Performance Work Statement (PWS). . Contracting Office Points of Contact: The Contracting Officer for this solicitation is: Mr. Anthony Elmore Email address for Contracting Officer is: anthony.s.elmore.civ@mail.mil The Contract Specialist for this solicitation is: Mr. MOHAMMED HAQUE Email address for Contract Specialist is: mohammed.n.haque.civ@mail.mil Proposal Preparation Instructions 1. Offerors shall complete blocks 12 (if applicable), 17a, 30a, 30b, and 30c on page 1 of the SF 1449. In doing so, the offeror agrees to the contract terms and conditions as written in the solicitation, with attachments and IAW the specifications. ALL OFFERORS SHALL BE SAM’s REGISTERED AND ACTIVE. 2. Offerors shall insert proposed unit price (“UNIT PRICE”) and extended (total) prices (“AMOUNT”) in the Pricing Schedule portion of the SF 1449 under Contract Line Item Number (CLIN). All proposed price SHALL BE IN Kuwaiti Dinar. No other currency is authorized. Proposals submitted in currency other than KWD shall be deemed Non-Responsive to this solicitation. 3. Descriptive specifications of the proposed services shall be included with the proposal.
W912D1-15-R-0014 Page 3 of 7 4. In regard to submission of proposals, the Government requires the Offeror to submit their proposal electronically via email delivery. The Offeror’s proposal shall consist of three separate volumes, each bound separately as follows: a.Electronic Proposal Delivery: Offerors are advised that delays can be experienced with the Camp Arifjan’s email system. Proposals shall be emailed to arrive at the following email address by the required date. Offerors may send their proposal using multiple emails and it is advised that number systems such as “email 1 of 4” are used so that if requested by the offeror, we can confirm receipt. Please do not submit a .ZIP file. The communications system will reject it. b.Formal Communication: Offerors should submit formal communications such as requests for clarifications and/or information concerning this solicitation via email to the following email address NOT LATER THAN 16 April 2015 to mohammed.n.haque.civ@mail.mil. c.Solicitation Closing Date and Time: 20 April 2015 at 1500 hours (3:00pm) Kuwait Time. Proposals received after this date and time may be rejected by the Government. SITE VISIT The US Government will hold a site visit for vendors to attend inorder see the physical locations where each canophy sunshade is to be installed. Allinterested vendors must email mohammed.n.haque.civ@mail.mil by 27 March 2015 in order to participate in the site visit. In order to process security in time, late responses will not be accepted. The site visit will take place on 3 April 2015. Vendors will meet at Camp Arifjan at 800am, transportation from Arifjan to sunshade locations will be provided. Vendors who failed to meet the 27 March submission will NOT be allowed to partcipate on the 3 April site visit. Page Count. The page count is as follows: Proposal Parts Volume I – Technical The offeror’s technical proposal shall consist of 2 separate volumes with one original and one redacted copy of each volume. Redacted – means free of any identifiable company logos or information. Volume II – Past Performance Offeror(s) shall provide no more than three (3) previous contracts performed within the last five Page Count Not to exceed (NTE) 25 pages, excluding the QCP, excluding resumes, covers, title pages, executive summaries, and table of contents and supporting documentation. NTE 8 pages, excluding covers, title pages, executive summaries, and table of contents.
W912D1-15-R-0014 Page 4 of 7 (5) years. Offerors with no relevant past performance will receive a Neutral Rating. (submit one (1) copy ) Volume III – Price (submit one (1) copy ) 5. Proposals shall be valid for sixty (60) days after receipt and the proposal shall bear the validity date. 6. The offeror shall complete ALL fill-ins and certifications in the provisions/clauses as necessary. Return the completed provision at FAR 52.212-3 or provide a statement that acknowledges that the annual representation and certification at Systems for Awards Management (SAMS) are complete. Submission of the first page of SAMS is also acceptable. ALL OFFERORS SHALL BE SAM’s REGISTERED AND ACTIVE. 7. The proposal and all submittals shall be submitted electronically and in English. 8. To be considered for evaluation, all offerors must submit an electronic proposal to the Contracting Officer and Contracts Specialist. Submit any questions or concerns to the Contracting Officer or Contract Specialist (listed above in the Points of Contact paragraph) not later than five days before the stated due date and time in Block 8 of the SF 1449. Questions and answers shall be addressed in solicitation amendments; re-establishing cut-off dates. Submission of proposals via fax or hand-carry shall not be accepted. 9. Offerors are cautioned to submit all required information in the format specified in the Instructions to Offerors. Offerors shall assume that the Government has no prior knowledge of their product, and will base its technical evaluation entirely on the information presented in the offerors proposal. 10. Offerors shall acknowledge all solicitation amendments. Omission of any significant aspect of the proposal may render your proposal technically unacceptable. Late Proposals (if applicable) Proposals that are received late according to FAR 52.212-1(f) shall not be considered. No Page Limitation
W912D1-15-R-0014 Page 5 of 7 Proposal Format Offerors are permitted to attach files to their proposals as requested. For questions regarding this solicitation, e-mail is the preferred method. E-mail questions to the Contracting Officer or the Contract Specialist (listed above in the Points of Contact paragraph). Amendments to the Solicitation If this solicitation is amended, all terms and conditions that are not amended remain unchanged. Offerors shall acknowledge receipt of any amendment to this solicitation by the date and time specified in the amendment(s). Failure to acknowledge an amendment by the date and time specified may result in rejection of the proposal. Exchanges with Offerors after Receipt of Proposal The Government intends to evaluate proposals and award a contract without discussions with Offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint; however, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all proposals if such action is in the public interest; we could accept other than the lowest proposal, if the lowest proposal is technically unacceptable FACTORS AND SUB-FACTORS TO BE EVALUATED FACTOR I: TECHNICAL FACTOR II: PAST PERFORMANCE FACTOR III: PRICE Evaluation: All proposals shall be subject to evaluation by a team of Government advisors in accordance with the evaluation criteria stated in the solicitation and this plan. 1.Technical Evaluation: At a minimum, the proposal shall address the minimum technical specifications outlined in the Request for Proposal (RFP). All services and purchased equipment shall comply with the equipment list and professional service requirements set forth in this RFP. a.Mobilization and Installation Plan: The offeror shall provide a detailed narrative explaining their process for mobilization to the site, removal and installation of the items IAW Section 5.7.1 of the PWS. The narrative shall include the offeror’s proposed process for mobilizing equipment, materials, and personnel to the work site. The process should include a detailed explanation of how the offeror will construct the individual items identified in the PWS, to include the various construction disciplines required for this requirement, and all other aspects listed in the PWS. The narrative shall also show when and how each discipline will be incorporated into your flow of work to ensure a completed project in the designated period of performance (days to complete the project). Offerors shall submit an approach that is sound, and reflects a thorough understanding of the PWS. Submit a plan in sufficient detail which demonstrates how you will meet requirements noted in the PWS. Offerors shall demonstrate their ability to complete work while maintaining the schedule as stated in the PWS. To assist the evaluators in determining your ability to complete the project, make a list of all the equipment and materials your company has which will be utilized to complete these projects. Failure to provide a detailed Mobilization, Equipment Removal and Installation Plan could result in your proposal being found technically unacceptable and eliminate your proposal from contract award consideration. b.Quality Control and Safety Plan: The offeror shall provide a detailed and comprehensive narrative describing how their company ensures that the work that is
W912D1-15-R-0014 Page 6 of 7 completed is quality checked. Describe how your construction of the requested requirement will meet and/or exceed the PWS requirements (i.e. procedures for verification of proper site work; implementation of tests, actions; proper concrete mix ensuring proper strength). The offeror shall submit a sound approach reflecting a thorough understanding of the PWS. The proposal shall provide sufficient detail on the offeror’s plan to provide quality control and meet its own developed performance metrics (measurable standards). Additionally, the proposal shall outline the type and frequency of inspections that it plans to conduct during the period of performance on this project. The offeror shall include in their plan an approach clearly outlining how they will comply with all the safety requirements listed in the PWS; in particular, Army Safety Program, AR 385-10. The narrative shall describe how your company will meet the requirement of the noted references to safety in the PWS. Failure to provide a detailed Quality Control and Safety Plan could result in your proposal being found technically unacceptable and eliminate your proposal from contract award consideration. 2.Past Performance Evaluation: Per FAR 15.304, The Government will evaluate past performance of three (3) current or previous contracts for current relevancy (5 years) based on how well the contractor performed on projects of similar dollar value, scope, and complexity. Offeror(s) are advised the Government may use Past Performance by assessing the offeror’s former experiences with similar projects of this nature and their ability to comply with Offerors Performance Assessment Reporting System (CPARS). CPARS is a web-enabled application that collects and manages a library of automated offerors’ report cards. CPARS employs an electronic workflow allowing Contracting Officer Representatives (COR), Technical Points of Contact (TPOC) and Contracting Officers (CO), to evaluate and rate an offeror’s performance on a given contract for a specified period of time. Additionally, government’s market research will determine whether the proposed offeror is registered within the Past Performance Information Retrieval System (PPIR) or Systems for Award Management (SAM). The aforementioned systems have a database that will let us know if the proposed offerors are on the excluded parties list for Federal offerors. Additionally, PPIR / SAM provides the offeror’s Past Performance and Government Business Point of Contact who will coordinate the processing of reports to be downloaded into CPARS. When responding to the RFP, the offeror will provide a description of similar projects conducted, reference names and telephone numbers for each of the projects that were performed. Additionally, the offeror will provide a description of their ability to comply with CPARS. Offerors are cautioned that in conducting the Past Performance assessment, the Government may use data provided in the offeror’s proposal/ as well as data obtained from other sources. 3.Price Evaluation: Offerors shall insert the unit price for each separately priced item and complete extended prices in the pricing schedule; partial proposals will not be considered. The offeror’s proposed price will be evaluated based on price reasonableness in accordance with FAR Subpart 15.404-1(b). The offeror’s proposed price will be evaluated based on price reasonableness in accordance with FAR Subpart 15.404-1(b). The evaluation may include, but is not limited to: (a) Price comparison with other offerors (b) Completeness: All separately priced items and extended prices completed in the pricing schedule. (c) Comparison with independent Government costs estimates Adjectival Ratings: Proposal shall be adjectivally rated against each of the evaluation factors set forth in this solicitation. Adjectival ratings for Factor I - Technical, and Factor II – Past Performance as follows:
W912D1-15-R-0014 Page 7 of 7 I) Rating - Acceptable Description Based on the offerors performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offerors performance record is unknown. ii) Rating - Unacceptable Description Based on the offerors performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. Offers receiving an Unacceptable rating for the Technical factor will not receive further consideration. Offers with no relevant past performance will receive a Neutral Rating. Acquisition Type: The Government will award a single Firm Fixed Price contract, with a cost reimbursable CLIN for DBA, to the responsible vendor whose proposal conforms to the solicitation, W912D1-15-R-0014, and is most advantageous to the Government based on LOWEST PRICED, TECHNICALLY ACCEPTABLE (LPTA) offer. (End of Addendum to 52.212-1) (End of Summary of Changes)