Part IV, Section L
Instructions, Conditions, and Notices to Offerors
Table of Contents
L- 1. Solicitation Definitions
L- 2. Amendments to Solicitation
L- 3. North American Industry Classification System (NAICS) Code, Magnitude of Construction, and Set-Aside
L- 4. Preparation of Offers
L- 5. Submission of Offers
L- 6. Items to be Furnished with Offer
L- 7. Late Submissions, Modifications, and Withdrawals of Offers
L- 8. Procedures for Handling Mistakes
L- 9. Explanation to Prospective Offerors
L-10. Offerors Site Inspection
L-11. Pre-Offer Conference
L-12. Bonds
L-13. Nonrefundable Fee for Additional Plans and Specifications
L-14. Delivery of Offers
L-15. Award Conditions
L-16. National Environmental Policy Act (NEPA) Determination (if applicable)
L-17. Equal Low Offers
L-18. Copies of Documents - DOE Technical Data Center (TDC)
Part IV, Section L
Instructions, Conditions, and Notices to Offerors
L-1. SOLICITATION DEFINITIONS
A. “Bid,” “Offer,” and “Proposal” are synonymous in negotiated procurements.
B. "Solicitation" means a request for proposal or offer in negotiated procurements.
C. "Government" means United States Government / Department of Energy (DOE). “Government” and “Fluor Federal Petroleum Operations LLC” are not synonymous.
D. “Electronic Commerce Method” means electronic techniques for accomplishing business transactions including electronic mail or messaging, World Wide Web technology, electronic bulletin boards, purchase cards, electronic funds transfer, and electronic data interchange.
E. Small Business Concern
1. "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on government contracts, and qualified as a small business under the criteria and size standards in 13 CFR Part 121 (see 19.102). Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
2. General (IF SPECIFICALLY STATED ELSEWHERE)
(a) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(b) Any award resulting from this solicitation will be made to a small business concern.
3. Agreement (Contracts greater than $25,000)
A manufacturer or regular dealer submitting an offer in its own name agrees to furnish, in performing the subcontract, only end items manufactured or produced by small business concerns unless the SBA has granted either a waiver or exception to the nonmanufacturer rule (See FAR 19.102(f).inside the United States, its territories and possessions, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, or the District of Columbia. However, this requirement does not apply in connection with construction or service contracts.
F. Small Disadvantaged Business Concern
1. Small disadvantaged business concern, as used in this part (except for 52.212–3(c)(4) and 52.219–1(b)(2) for general statistical purposes and 52.212– 3(c)(9)(ii), 52.219–22(b)(2), and 52.219– 23(a) for joint ventures under the price evaluation adjustment for small disadvantaged business concerns), means an offeror that represents, as part of its offer, that it is a small business under the size standard applicable to the acquisition; and either—
(a) It has received certification as a small disadvantaged business concern consistent with 13 CFR part 124, subpart B; and
(i) No material change in disadvantaged ownership and control has occurred since its certification;
(ii) Where the concern is owned by one or more disadvantaged individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(iii) It is identified, on the date of its representation, as a certified small disadvantaged business concerns maintained by the Small Business Administration (PRO-Net); or
(b) For a prime contractor, it has submitted a completed application to the Small Business Administration or a private certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR part 124, subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since it submitted its application. In this case, a contractor must receive certification as an SDB by the SBA prior to contract award.
2. General (IF SPECIFICALLY STATED ELSEWHERE)
(a) Competition Limited. Offers are solicited only from small disadvantaged business concerns. Offers received from concerns that are not small disadvantaged business concerns shall be considered nonresponsive and will be rejected. Any award resulting from this solicitation will be made to a small disadvantaged business concern.
(b) Protest of a small disadvantaged business representation. Any offeror or other interested party may protest the small business disadvantaged business representation of an offeror in a specific offer in accordance with the Federal Acquisition Regulation (48 CFR 19.302) and the Small Business Regulations (13 CFR 124, subpart B.
3. Agreement
(a) Subcontract level awards above $100,000. In acquisitions above $100,000, a manufacturer or regular dealer submitting an offer in its own name agrees to furnish, in performing the contract, only end items manufactured or produced by small or small disadvantaged business concerns inside the United States, its territories or possessions, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, or the District of Columbia. However, this requirement does not apply in connection with construction or service contracts.
(b) Subcontract level awards of $100,000 or less. In acquisitions of $100,000 or less, products must be manufactured or produced in the United States, its territories or possessions, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, or the District of Columbia.
G. HUBZone Small Business Concern
1. "HUBZone Small Business Concern," as used in this clause is a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA.
2. "HUBZone" means a historically underutilized business zone, which is an area located within one or more qualified census tracts, qualified nonmetropolitan counties, or lands within the external boundaries of an Indian reservation, qualified base closure areas, or redesignated areas, as defined in 13 CFR 126.103.
3. Agreement
Except for construction or services, any HUBZone small business concern (nonmanufacturer) proposing to furnish a product that it did not itself manufacture must furnish the product of a HUBZone small business concern manufacturer.
H. Women-Owned Small Business Concern
1. "Women-owned small business concern" means a small business concern—
(a) Which is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(b) Whose management and daily business operations are controlled by one or more women.
I. Service-Disabled Veteran-Owned Business Concern
1. "Service-disabled veteran-owned small business concern"- means a small business concern-
(a) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(b) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
J. Veteran-Owned Small Business Concern
1. "Veteran-owned small business concern" means a small business concern-
(a) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(b) The management and daily business operations of which are controlled by one or more veterans.
L-2. AMENDMENTS TO SOLICITATION
A. If this solicitation is amended, then all terms and conditions which are not specifically modified remain unchanged.
B. Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment by E-mail, if Electronic Commerce Method is required by the solicitation; or (2) by signing and returning the amendment by mail, or; (3) by identifying the amendment number and date when submitting an offer (See Part I, Section A, Item 19). FFPO must receive the acknowledgment by the date and time and at the place specified for receipt of offerors.
L-3. NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS), MAGNITUDE OF CONSTRUCTION, AND SET-ASIDE
A. The NAICS code for this acquisition is 238320; Size $15.0 MIL.
B. The estimated price range for this solicitation is between $500,000 - $1,000,000
C. Set-Aside:
1. This is an unrestricted competitive procurement. No set-aside to small business is involved.
2. This is a 100% small business set-aside. Only firms meeting the criteria set forth in the Code of Federal Regulation, Title 13, Part 121 will be considered for the award of a subcontract hereunder. See paragraph L-1 "D" for definitions. Applicable size standards are set forth above.
3. This is a 100% small disadvantaged business set-aside. Firms meeting the criteria set forth in the Code of Federal Regulation, Title 13, Part 124, and Federal Acquisition Regulation Part, 19, will be considered for the award of a Subcontract hereunder, as well as woman owned small businesses (see paragraph L-1 for definition). Woman owned small businesses are not defined as small disadvantaged businesses, but may be included in small disadvantaged business set-asides. Applicable size standards are set forth above.
4. This is a partial small business set-aside. Details and applicable size standards are set forth below:
______
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5. This is a 100% HUBZone small business set-aside. Firms meeting the criteria set forth by the SBA in accordance with 13 CFR Part 126, will be considered for the award of a Subcontract hereunder (see paragraph L-1, for definition). Applicable size standards are set forth above.
L-4. PREPARATION OF OFFERS
A. Offers must be (1) submitted on the forms furnished by FFPO or on copies of those forms, and (2) manually signed (scanner document, such as, an Adobe PDF file is acceptable for Electronic Commerce Method solicitations). The person signing the offer must initial each erasure or change appearing on any offer form.
B. The offer form may require Offerors to submit offer prices for one or more items on various bases, including--
(1) Lump sum bidding;
(2) Alternate prices;
(3) Units of construction; or
(4) Any combination of subparagraphs (1) through (3) above.
C. If the solicitation requires bidding on all items, failure to do so will disqualify the offer. If bidding on all items is not required, Offerors should insert the words "no offer" in the space provided for any item on which no price is submitted.
D. Alternate Offers Applicable if checked.
Alternate offers (two or more proposals submitted by an offeror) will be considered for award.
L-5. SUBMISSION OF OFFERS
A. Electronic Commerce Method Offer(s) is required by the solicitation –
1. E-mail offer(s) must be submitted as specified in the solicitation and showing the time specified for receipt, the solicitation number, and the name and address of the offeror to:
E-Mail Address:
NOTE: 1) E-Mails are limited to 10Mb
2) Zip files are not allowed in E-Mail transmissions
2. Compact Disc (CD’s) offer(s) shall be submitted in sealed envelopes or packages addressed to the office specified in the solicitation and showing the time specified for receipt, the solicitation number, and the name and address of the offeror.
3. E-Fax offer(s) must be submitted as specified in the solicitation and showing the time specified for receipt, the solicitation number, and the name and address of the offeror to:
E-Fax Number: (504) 818-5603
B. Non-Electronic Commerce Method Offer(s) is required by the solicitation –
Offer(s) shall be submitted in sealed envelopes or packages (a) addressed to the office as specified in the solicitation and showing the time specified for receipt, the solicitation number, and the name and address of the offeror.
L-6. ITEMS TO BE FURNISHED WITH OFFER
The following documents must be furnished with the offer and must be prepared, filled out and executed in accordance with the requirements of this solicitation:
1. FFPO SF33 08/01/2014 - SOLICITATION, OFFER, AND AWARD (Refer to Section A). Include Payment Terms (Minimum of Net 30, with discount, if any, for prompt payment). Also include Acknowledgment of any Amendments issued during the solicitation period.
2. Section B, Subsection B-4, Bid Items, for individual task breakdowns, and Firm, Fixed-Price, Total Lump Sum, including, if applicable, detail quantity and summary sheets.
3. General and/or Specific References, (Back approximately 3-5 yrs), (Experience and Past Performance Form(s) and Management & Execution Plan, if included with this solicitation).
4. Preliminary Execution Plan and Schedule for accomplishing SOW (Refer to Section F-1A)
5. Equal Low Offers (if applicable, See Section L).
6. REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS/OFFERORS (Refer to Section K).
7. Safety Performance Record (Refer to Section M.)
8. Proof of Bonding Capabilities (See Section L below).
9. List of Proposed Lower-Tier Subcontractors.
10. Note: Offerors are advised that there are offeror fill-ins contained in Sections A, B, J, K, and L, and, if specifically requested, Section M.
L-7. LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF OFFERS
A. Offerors are responsible for submitting offers, and any revisions, and modifications, so as to reach FFPO office designated in the solicitation by the time specified in same. If no time is specified in the solicitation the time for receipt is 5:00 P.M., local time, for the designated FFPO office on the date that offers are due.