Loren Data's SAM Daily™

FBO DAILY ISSUE OF AUGUST 22, 2012 FBO #3924
SOLICITATION NOTICE

99 -- The purchase of custom framing, exhibit design and installation or wall/gallery hanging system design and installation. - SF 1449 - Pricing Schedule - Statement of Work

Notice Date

8/20/2012
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

453920 — Art Dealers
 

Contracting Office

Securities and Exchange Commission, Office of Acquisitions, Office of Acquisitions, 100 F Street, NE, MS-4010, Washington, District of Columbia, 20549, United States
 

ZIP Code

20549
 

Solicitation Number

SECHQ112R8003
 

Archive Date

9/14/2012
 

Point of Contact

Julia Gallmon, Phone: 202-551-8023, Regina Mumford-Rush, Phone: 202-551-7463
 

E-Mail Address

gallmonj@sec.gov, mumford-rushr@sec.gov
(gallmonj@sec.gov, mumford-rushr@sec.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

Statement of Work Respondents should follow the contract line item number structure in this pricing schedule SF 1449 This is a combined synopsis/solicitation for the purchase of custom framing, exhibit design and installation or wall/gallery hanging system design and installation (SOW attached), in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation number is SECHQ112R8003 and is issued as a request for proposals (RFP). The synopsis/solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-59. This requirement is 100% Set-Aside for Small Business Concerns IAW FAR 19.502-2(b); the associated NAICS code is 453920; and the applicable small business size standard $7.0M. Respondents should follow the contract line item number (CLIN) structure detailed in the pricing schedule which is posted as an attachment entitled Pricing Schedule. The anticipated period of performance for this requirement is a five (5) year from September 20, 2012 - September 19, 2017 FOB: Destination. US Securities & Exchange Commission, 100 F Street NE, Washington DC 20549-2000. All questions concerning this posting are due to the primary and secondary point of contact via e-mail no later than 12:00pm (EST), August 24, 2012. All offers can be submitted electronically via e-mail, or mailed to the US Securities and Exchange Commission, 100 F Street NE, Washington DC 20549 to the primary and secondary point of contact. The following FAR provisions apply: 52.212-1 Instructions to Offerors (Feb 2012) applies to this acquisition. The technical quote submission shall be limited to (10) one-sided pages. All offers must be for all items, as stated, partial offers will not be considered. 52.212-2 Evaluation of Commercial Items (Jan 1999) applies. 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: Technical Approach (address the requirements of the SOW) Delivery (Ability to deliver large number (50 to 70) of framed certificates within less than two weeks) Past Performance Price Technical, delivery, past performance, when combined, are equal when compared to price. 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). 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. The government intends to enter into an agreement without discussions, nevertheless, the government may communicate with an offeror in order to clarify or verify information submitted in its offer. Offerors must submit a completed copy of the provision at FAR 52.212-3 Offeror Representation and Certifications Commercial (Apr 2012) with its offer unless the offeror has Representations and Certifications entered into the ORCA database at https://orca.bpn.gov/. FAR 52.212-3 can be downloaded from the Internet: https://www.acquisition.gov/far/. Offerors that fail to furnish the required representation information, or reject the terms and conditions of the combined synopsis/solicitation, may be excluded from consideration. All FAR Clauses and provisions incorporated by reference may be viewed in full text via the Internet at https://www.acquisition.gov/far/. The following FAR clauses are applicable: FAR 52.212.4 Contract Terms and Conditions Commercial Items (Feb 2012); FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (May 2012) applies to this acquisition, and specifically the following FAR clauses under paragraph (b) are applicable: 52.203-6 Restriction on Subcontractor Sales to the Government (Sept 2006); 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Feb 2012); 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010); 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (May 2012); 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011); 52.219-14 Limitations on Subcontracting (Nov 2011); 52.219-28 Post Award Small Business Program Rerepresentation (Apr 2012); 52.222-3 Convict Labor (Jun 2003); 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Mar 2010); 52.222-21, Prohibition of Segregated Facilities (Feb 1999); 52.222-26 Equal Opportunity (Mar 2007); 52.222-35 Equal Opportunity for Special Disabled Veterans (Sep 2010); 52.222-36 Affirmative Action for Workers With Disabilities (Oct 2010); 52.222-37 Employment Reports on Veterans (Sep 2010); 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010); 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011); 52.225-13 Restrictions on Certain Foreign Purchases (Jun 2008); 52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts (Feb 2007); 52.232-33 Payment by Electronic Funds Transfer--Central Contractor (Oct 2003). NOTE: CCR can be obtained by accessing the Internet, http://www.ccr.gov or by calling 1-888-227-2423. Evidence of valid CCR registration must be obtained before award can be made; 52.239-1 Privacy or Security Safeguards (Aug 1996); 52.217-8 Option to Extend Services (Nov1999); and 52.217-9 Option to Extend the term of the Contract (Mar 2000) are also included by reference. 52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor- (1) Any order for a single item in excess of $35,000; (2) Any order for a combination of items in excess of $35,000; or (3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-22 Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after five years of award of contract. (End of clause) Additional Clauses: MINIMUM AND MAXIMUM QUANTITIES (a) As referred to in paragraph (b) of FAR Clause 52.216-22, "Indefinite Quantity" of this contract, the contract minimum quantity is establish at $100.00. The contract maximum quantity is hereby established at the total amount of $350,000.00 TASK ORDER FUNDING Firm-Fixed Task Orders may be issued under this contract within the established contract ceiling limitation. ORDERING PROCEDURES - TECHNICAL DIRECTION LETTERS When necessary, technical direction letters specifying quantity and types of frames (including matting) required as set forth in the contract and the required delivery date(s) shall be given through issuance of Technical Direction Letters (TDLs) by the Contracting Officer Representative (COR). Each TDL shall be in writing (preferably via e-mail) from the COR and shall include, as a minimum, the following information: • Date of TDL • Contract, task order and TDL number (Program Office choice of convention for TDL number) • Specific quantity, type of frame (including matting) being ordered and a description of each frame type. This information will be provided for each frame type included in the TDL; • A space provided for the contractor to acknowledge the order and that they accept the requested delivery dates. Contractor will send the confirmation via return e-mail. • Each TDL issued is subject to the terms and conditions of the contract; and in no event shall technical directions constitute an assignment of new work or changes to such nature as to justify any adjustment to the firm fixed prices, framing specifications listed in the contract, contract ceiling, contract funding, or delivery terms under the contract. In the event of conflict between a TDL and the contract, the contract shall control. • When in the opinion of the contractor a technical direction letter calls for effort outside the contract, the contractor shall notify the Contracting Officer thereof in writing, with a copy to the COR, within two business days of having received the technical direction in question. The contractor shall undertake no performance to comply with the technical direction until the matter has been resolved by the Contracting Officer through formal contract modifications or other appropriate action. Oral technical directions are not allowed. Amendments to a TDL shall be in writing and shall include the information set forth in paragraph b above Any effort undertaken by the contractor pursuant to written technical directions issued other than in accordance with the provisions herein shall be at the contractor's risk. IF THE COR ISSUES A TDL THAT EXCEEDS THE AMOUNT OF FUNDING ON THE CONTRACT, THE TDL SHALL BE CONSIDERED OUT OF SCOPE AND SHALL NOT BE REIMBURSED BY THE GOVERNMENT. THE GOVERNMENT SHALL NOT BE LIABLE FOR OUT OF SCOPE TDLs. TYPE OF SERVICE a. The Government and the Contractor understand and agree that any services delivered by the Contractor to the Government are non-personal services. The parties also recognize and agree that no employer-employee or master-servant relationship exists or will exist between the Government and the Contractor. The Contractor and the Contractor's employees are not employees of the Federal Government and are not eligible for entitlement and benefits given federal employees. b. Contractor personnel under this contract shall not: (1) Be placed in a position where there is an appearance that they are employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer. (2) Be placed in a position of command, supervision, administration or control over personnel or personnel of other Government Contractors, or become a part of the Government organization. (3) Be used in administration or supervision of procurement activities. (End of additional clauses) The contracted services are considered professional services therefore IAW U.S. Code of Federal Regulations (CFR) Title 29 (Labor), Volume 3, Chapter V, Subtitle B, Part 541, regulated by the Wage and Hour Division of the Department of Labor, it has been determined that the Service Contract Act and associated wage determination would not apply to this acquisition.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/SEC/OAPM/PCB/SECHQ112R8003/listing.html)
 

Place of Performance

Address: US Securities and Exchange Commission, 100 F Street NE, Washington, District of Columbia, 20549, United States

Zip Code: 20549
 

Record

SN02846724-W 20120822/120820235620-f3c6d80cd3dfc1374b45a143cbdbaa4b (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

---

| FSG Index  |  This Issue's Index  |  Today's FBO Daily Index Page |