Inactive Total Small Business Set-Aside (FAR 19.5)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12, as supplemented with additional information inc... This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12, as supplemented with additional information included in this notice. Both this announcement and the 3 attachments hereto, are the only documents to be issued. Solicitation No. 6913G620Q300045 is issued as a Request for Quotation (RFQ). This solicitation is being conducted in accordance with the policies and procedures prescribed in FAR Part 12, Acquisition of Commercial Items and FAR Part 13, Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-05, effective March 30, 2020. This procurement is being solicited under NAICS code 238210 (Electrical Contractors and Other Wiring Installation Contractors) small business size standard $16.5 million. This Combined Synopsis/Solicitation is being issued as a small business set-aside only competition. The U.S. Department of Transportation, John A. Volpe National Transportation Systems Center (Volpe Center), Cambridge, MA, has a requirement for trolley track work at the Lowell National Park located in Lowell, Massachusetts. The contractor is required to provide all materials, labor and equipment necessary to perform track work services in accordance with the 3 attachments: the Statement of Work (including Appendix’s A-C with 2019 NEPA Replace Trolley Poles – Swamp Locks to Wye and 2019 Assessment of Effect-Replace Trolley Poles – Swamp Locks to Wye); Davis-Bacon Act DOL WD Heavy - Number MA20200008 2-21-20; and the Instructions, Conditions, Representations and Notices to Offerors. (See Announcement Attachments 1-3) REQUIREMENTS/SPECIFICATIONS The Government intends to award a single firm fixed price purchase order as a result of this Combined Synopsis/Solicitation. This notice is expected to result in a single award subject to receipt of an acceptable proposal(s) in accordance with the Attachment 3 Instructions, Conditions and Notice to Offeror attached. The Offeror’s price quotation shall include a firm fixed price for the two CLIN’s identified below. CLIN 00100 Replace 34 wooden catenary poles with steel catenary poles and install 2 new steel poles along 0.5 mile of track from Swamp Locks to Wye. $________________ Optional CLIN 00200 Scrap and repaint seven (7) existing steel poles (Numbers 1, 21, 23, 24, 25, 26 and 27). $_______________ Total of CLIN 00100 and Optional CLIN 00200 = $_______________ BASIS FOR AWARD Award will be made to the offeror that provides best value to the Government, where the best value quote proposal is one that is determined to be technically acceptable with a fair and reasonable price. Best value will be determined by evaluation of the offeror’s technical proposal and price quote in accordance to Section 2 of Attachment 3 of the Instructions, Conditions, Representations & Notice to Offerors. The offeror’s technical proposal will be evaluated by a technical expert(s) to determine whether the offeror demonstrates its understanding of the solicitation requirements as described herein, and to determine the offeror’s ability to perform the work as proposed. The offeror’s price quote will be evaluated to determine that the proposed price, including the option, is fair, reasonable and realistic. Therefore, the offeror’s quote proposal should contain the offeror’s best terms from a price standpoint, reflecting ANY AVAILABLE DISCOUNTS. It is the Government's intent to make single firm fixed price award based upon initial quotes. NOTICE TO OFFERORS The Offeror’s proposal shall be prepared in accordance with FAR 52.212-1, Instructions to Offerors-Commercial Items incorporated by reference, Instructions, Conditions and Notice to Offeror (attached) and the all other instructions included in this solicitation. FAR 52.212-2, Evaluation- Commercial Items applies to this acquisition and is incorporated by reference All Offerors must include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certification-Commercial Items (the complete provision is provided in an attachment). An Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifications electronically using the System for Award Management (SAM) accessible via http://www.Sam.gov. If the Offeror has not completed the annual representations and certifications electronically in SAM, the Offeror shall complete only paragraphs (c) through (o) of this provision. All Contractors must be registered in SAM in order to receive an award from a DOT Agency. The Government intends to award a single or multiple purchase order(s) on a firm-fixed price basis as a result of this solicitation, subject to receipt of an acceptable proposal(s). FAR Clauses and Provisions 52.212-4, Contract Terms and Conditions-Commercial Items, 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, Providing Accelerated Payments to Small Business Subcontractors are hereby incorporated by reference. Additional clauses cited in 52.212-5 that apply to this acquisition are: 52.203-6, 52.203-6 (Alt. I), 52.204-10, 52.204-14, 52.209-6, 52.219-8, 52.222-3, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-50, 52.222-54, 52.223-18, 52.225-13 and 52.232-33. Note – The complete clause is attached to this notice and will be included in full text in any resultant contract at time of award. Due to the current State of Emergency in Massachusetts a site visit at the Park is not possible. However, the Lowell National Historical Park (LOWE) has created a set of videos in lieu of a walk-through for this requirement to highlight the challenges and limited support services. To request a review of these videos, please email the contracting officer (CO) at: roland.regan@dot.gov. The CO will forward the requestor a link to BOX.COM so you may review these videos. In addition, you are encouraged to review these videos in advance of the WebEx conference call on Wednesday April 29, 2020, at 10:00 AM EST, see paragraph below. The Volpe Center will conduct a pre-proposal webinar via its WebEx conference call system on Wednesday April 29, 2020 at 10:00 am EST. The Government will not reimburse the contractor for any related costs. The purpose of the WebEx conference is to discuss the statement of work and unique features regarding the Lowell Park requirement cited above. The WebEx conference together with the LOWE videos on BOX.COM are to assist the contractor in pricing out a quote of the work required under this solicitation. After the webinar Offerors will be allowed to submit questions regarding this solicitation requirement. All question shall be submitted in writing to the Contracting Officer not later than May 1, 2020 at 4:00pm ET. All questions shall be emailed too: roland.regan@dot.gov. All responses to the questions will be placed in an amendment in SAM by May 8, 2020. All Offeror quotes are due electronically via email in accordance the instructions above to the Contracting Officer, Roland Regan no later than May 14, 2020 at 1:00 PM EST. The offer quote/proposal must be submitted via e-mail to by closing date of roland.regan@dot.gov. No telephone calls of any kind will be honored. The Government will not pay for any information received. It is anticipated that a single contract award resulting from this combined synopsis/solicitation will be made on or about June 3-5, 2020. In the event there are any changes to this requirement, in any manner, there will be an amendment issued through SAM citing those changes. ADDITIONAL FAR PROVISIONS INCORPORATED BY FULL TEXT: 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Dec 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. (a) Definitions. As used in this provision— “Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing— (1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”. (d) Representation. The Offeror represents that it ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. (e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer— (1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); (2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision; (3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and (4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known). (End of provision) 52.204-26 Covered Telecommunications Equipment or Services-Representation. (Dec 2019) (a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”. (c) Representation. The Offeror represents that it ? does, ? does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument. (End of provision) ADDITIONAL FAR CLAUSES INCORPORATED BY REFERENCE: 52.202-1 Definitions. (NOV 2013) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (MAY 2011) 52.204-19 Incorporation by Reference of Representations and Certifications.(DEC 2014) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (OCT 2010) 52.209-5 Certification Regarding Responsibility Matters (Oct 2015) 52.216-24 Limitation of Government Liability.(APR 2014) 52.216-25 Contract Definitization.(OCT 2010) 52.216-25 Alternate I (OCT 2010) 52.217-8 Option to Extend Services (30 days) (NOV 1999) 52.217-9 Option to Extend the Term of the Contract (30 days) (MAR 2000) 52.222-50 Combating Trafficking in Persons. (JAN 2010) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving.(AUG 2018) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases. (JUNE 2008) 52.228-5 Insurance – Work on a Government Installation (JAN 1997) 52,228-16 Performance and Payment Bonds-Other Than Construction (NOV 2006) Fillin (b) equal 80% of the original contract price…in an amount equal to 80% of the original contract price; Fillins (c) within 5 days after award. 52.229-3 Federal, States, and Local Taxes (FEB 2013) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.(AUG 2018) 52.232-1 Payments.(APR 1984)) 52.232-39 Unenforceability of Unauthorized Obligations. (JUNE 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.233-2 Service of Protest Award. (SEP 2006) Fill-ins (a): DOT/OST-R/Volpe Center Attn: CO/Roland Regan, V-222 55 Broadway Cambridge, MA 02142 52.233-3 Protests after Award (AUG 1996) 52.233-3_Alternate I 52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004) 52.236-2 Differing Site Conditions (APR 1984) 52.236-5 Material and Workmanship (APR 1984) 52,237-1 Site Visit (APR 1984) 52.242-15 Stop Work Order (AUG 1989) 52.243-1 Changes – Fixed Price (AUG 1987) 52.244-6 Subcontracts for Commercial Items.(AUG 2015) 52.247-34 F.0.b. Destination (NOV 1991) 52.249-4 Termination for Convenience of the Government (Services) (Short Form) (APR 1984) TAR CLAUSES INCORPORATED BY REFERENCE: 1252.217-70 Guarantee (APR 2005) 1252.217-73 Inspection and Manner of Doing Work (OCT 1994) 1252.217-76 Liability and Insurance (OCT 1994) 1252.223-73 Seat Belt Use Policies and Programs (APR 2005) 1252.237-70 Qualifications of Contractor Employees (APR 2005) 1252.237-73 Key Personnel (APR 2005) 1252.242-72 Dissemination of Contract Information (OCT 1994) The FAR and TAR provisions and clauses cited in this notice can be viewed at http://www.acquisition.gov/far and http://www.dot.gov/administrations/assistant-secretary-administration/transportation-acquisition- regulation-tar CONTRACT ADMINISTRATION RESPONSIBILITIES Contracting Officer (CO): The CO has the overall responsibility for this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details, and/or delivery schedules. However, the CO may delegate certain other responsibilities to his/her authorized representatives. The CO is: Roland Regan 617-494-3185 roland.regan@dot.gov Department of Transportation Volpe National Transportation System Center 55 Broadway Cambridge, MA 02142-1001 Contracting Officer’s Representative (COR): A COR will be designated by the CO for each contract award in accordance with TAR Clause 1252.242-73 (hereby incorporated by reference). The responsibilities of the COR include, but are not limited to, inspecting and monitoring the Contractor’s work; determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this contract; acting as the Government’s representative in charge of work at the site to ensure compliance with contract requirements in so far as the work is concerned; and advising the CO of any factors which may cause delay in performance of the work. The COR does not have the authority to make new assignments of work or to issue directions that cause an increase or decrease in the price of this contract or otherwise affect any other contract terms. PERFORMANCE EVALUATIONS In accordance with FAR Subpart 42.15; Contractor Performance Information, the Government shall prepare evaluations of Contractor performance for contracts that exceed $250,000. Performance evaluations will be accomplished at the completion of each year of contract performance. The Government uses the Contractor Performance Assessment Reporting System (CPARS) as the primary method to complete evaluations (www.cpars.gov). Completed past performance evaluations may be accessed in the Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov. The Contractor is required to register in CPARS and shall have 14 calendar days in which to respond to Government comments. The Government will consider any comments provided by the Contractor before finalizing a past performance evaluation and will attach the Contractor’s comments to the final report.