Inactive Total Small Business Set-Aside (FAR 19.5)

This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2023-04 correction, Defense Federal Acquisition Regulation Supplem... This solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2023-04 correction, Defense Federal Acquisition Regulation Supplement Change Notice (DPN) 20230723, and Air Force Acquisition Circular (AFAC) 2023-0707. Under this requirement the contractor is to provide all labor, materials, equipment, transportation, reports, and other documentation necessary to perform invasive species management within the boundaries of Dobbins installation IAW the Performance Work Statement (PWS). Foliar Spray Application of Herbicide IAW the PWS and submit findings and data to Dobbins CEV personnel. Cut Stump/Vine Application of Herbicide including any foliar spray application also required IAW the PWS. Submit findings and data to CEV personnel. This is a 100% Small Business (SB) Set-Aside with a Small Business Size Standard of $19M. The North American Industry Classification System (NAICS) is 541620 - Environmental Consulting Services. Award will be made in accordance with FAR 13.106-2. The government will award, from this solicitation, a basic year plus four one-year option periods to the responsive/responsible offeror whose quote, conforming to the solicitation is most advantageous to the Government. Contract Type: The Government will award one Firm Fixed Price (FFP) contract from this solicitation. Period of Performance: Basic Period: 30 Sep 2023 – 29 Sep 2024 CLINs 0001 and 0002 Option Period 1: 30 Sep 2024 – 29 Sep 2025 CLINs 1001 and 1002 Option Period 2: 30 Sep 2025 – 29 Sep 2026 CLINs 2001 and 2002 Option Period 3: 30 Sep 2026 – 29 Sep 2027 CLINs 3001 and 3002 Option Period 4: 30 Sep 2027 – 29 Sep 2028 CLINs 4001 and 4002 The Offeror must be an authorized, qualified, and certified vendor (registered in System for Award Management (SAM) www.sam.gov ) and must quote on an all or none basis. Written quotes are required (oral offers will not be accepted). Submission of quotes must be in accordance with FAR 52.212-1, Instructions to Offerors- Commercial Items. Award cannot be made to an offeror who does not have a current registration in SAM. Any questions generated from this solicitation must be submitted in writing to Jae James at email jamesia.james.1@us.af.mil, Derrick Deeds at warren.deeds@us.af.mil and Kenneth Jacob kenneth.jacob.1@us.af.mil by 2:00 PM (EDT), 12 Sep 2023. When addressing questions concerning any aspect of the solicitation, state the page number, section, and paragraph that requires clarification. The Contracting Officer will provide clarification(s) through amendment(s) to the solicitation following receipt of any questions. Any questions received after 12 Sep 2023 may or may not be answered. Location: Services shall be performed on Dobbins Air Reserve Base, Marietta, GA 30069 It is the firm’s or individuals’ responsibility to be familiar with applicable provisions and clauses. All FAR Provisions and Clauses may be viewed in full text at the Federal Acquisition Regulation Table of Contents via the Internet at https://www.acquisition.gov/ WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) (a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization. “Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). “Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system. “Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports. (b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall— (1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order: (1) Document type. The Contractor shall submit payment requests using the following document type(s): 2 in 1 (B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. 2 in 1 (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA6703 Admin DoDAAC FA6703 Inspect By DoDAAC Ship To Code F5B323 Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) F5B323 Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) (4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable. (5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. warren.deeds@us.af.mil (678) 655-5276 (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. (End of clause) [Class Deviation- 2018-O0021, Commercial Item Omnibus Clauses for Acquisitions Using the Standard Procurement System. FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2018-O0021) (SEP 2018) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause— (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015). (vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) The following Provisions and Clauses apply to this solicitation and are incorporated by reference: FAR 52.204-7 System for Award Management FAR 52.204-19 Incorporation by Reference of Representations and Certifications FAR 52.212-1 Instructions to Offerors – Commercial Items FAR 52.212-3 Offeror Representations and Certifications – Commercial items FAR 52.212-3 Alt 1 FAR 52.212-4 Contract Terms and Conditions – Commercial Items FAR 52.217-5 Evaluation of Options FAR 52.219-1 Small Business Program Representations FAR 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) FAR 52.223-3 Hazardous Material Identification And Material Safety Data FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications FAR 52.232-18 Availability of Funds FAR 52.247-34 F.O.B. Destination DFARS 252.201-7000 Contracting Officer's Representative DFARS 252.223-7001 Hazard Warning Labels DFARS 252.225-7001 Buy American Act and Balance of Payments Program DFARS 252.225-7002 Qualifying Country Sources as Subcontractors DFARS 252.232-7003 Electronic Submission of Payment Requests DFARS 252.232-7010 Levies on Contract Payments DFARS 252.243-7001 Pricing of Contract Modifications AFFARS 5352.223-9001 Health and Safety on Government Installations AFFARS 5352.237-9001 Requirements Affecting Contractor Personnel Performing Mission Essential Services Addendum to FAR 52.212-1 Instructions to Offerors – Commercial Items (Jan 2017) The following addendum is provided to this provision: North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is 541620324199; $19M Size Standard. 1. Replace paragraph (b) entitled “Submission of offers” with the following instructions: Submission of offers. Insert proposed unit and extended prices for each Contract Line Item Number (CLIN) in the Pricing Schedule at Attachment 2. The extended amount must equal the whole dollar unit price multiplied by the number of units. The quote must be submitted for a base year plus four (4) 1-yr Option Periods. Quote Instructions. Failure to provide all required documents or information may exclude the responder from further consideration. This is an electronic solicitation release. No hard copies will be mailed. Amendments to the solicitation will be posted to sam.gov. It is the responsibility of each Offeror to review the webpage for notice of amendments, updates, or changes to current information. Offers should be electronically mailed to Jae James at email jamesia.james.1@us.af.mil, Derrick Deeds at warren.deeds@us.af.mil and Kenneth Jacob kenneth.jacob.1@us.af.mil no later than 12:00 p.m., 20 September 2023. General Instructions. These instructions are designed to provide general guidance for preparing quotes as well as providing specific instructions on quote organization, format, and content. Offerors should include all documents and information requested and should be submitted in accordance with the instructions. The Offeror is cautioned to follow the instructions carefully, as the Government reserves the right to make an award based on initial quotes received without discussion. However, the Government reserves the right to conduct clarifications if the Contracting Officer determines them to be necessary. If an offeror believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise unsound, the offeror shall immediately notify the Kenneth Jacob in writing with supporting rationale. The quote must be presented in a manner that clearly addresses the requirements, as set forth in the PWS. Quotes that are overly verbose or include marketing material may distract from the evaluators’ ability to ascertain compliance with the solicitation. Quote Preparation Instructions. The overall quote shall consist of one volume. Quote Format. All pages of each Offer must be appropriately numbered and identified with Solicitation Number: FA670323Q0016 in the header of each page. Electronic Copies. Sound or video (e.g. MPEG) files shall not be embedded into the quote files. Quote Content. Failure to follow the below Contract Quote preparation instructions may cause the Offerors quote to be deemed unacceptable by the Government. It shall be organized as follows and contain the identified information. The submission content is as follows and must be submitted and arranged in the sequential order listed below: Amendments - The contractor shall acknowledge all amendments to the RFQ in accordance with the instructions in this solicitation and with FAR 52.212-1, Instruction to Offerors. Contact Information - The offeror should include a contact list (with phone numbers, fax numbers, mailing addresses, e-mail addresses) of all key personnel to include personnel authorized to negotiate on behalf of their company. Representation, and Certifications—Commercial Items - The offeror shall comply with FAR 52-212-3. Price Quote. Offeror’s quotes should include pricing on all CLINs identified in the Pricing Schedule at Attachment 2. Pricing Schedule - The pricing schedule shall be submitted fully completed and error free. It shall contain the offeror’s prices for the established Contract Line Item Numbers (CLINS) 0001 through 4001 Note: Offerors must provide the information requested above for the base year, and all subsequent option periods. The proposed prices will be utilized throughout the life of the contract to include all option periods. Replace paragraph (c) entitled “Period of acceptance of offers” with the following instruction: Period of acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 days from the date specified for receipt of offers. Replace paragraph (e) entitled “Multiple offers” with the following instructions: (e) Multiple offers. Offeror shall submit only one offer presenting the terms and conditions or commercial items for satisfying the requirements of this solicitation. Replace paragraph (h) entitled “Multiple Awards” with the following: Multiple awards. The Government intends to award one Firm Fixed Price Contract. Award will be on an “all or none” basis. 52.212-2 Evaluation—Commercial Products and Commercial Services. As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation—Commercial Products and Commercial Services (Nov 2021) 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: Price Technical and past performance, when combined, are _N/A_ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.] (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. FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. If the Government exercises this option, the extended contract shall be considered to include this option clause. The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. (End of Clause) 5352.201-9101 AFRC Ombudsman Oct 2019 (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and /or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Col David Robertson, HQ AFRC/DSD, 155 Richard Ray Blvd, Robins AFB GA 31098. Comm: 478-327-2440. Email: david.robertson.3@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256- 2395, facsimile number (571) 256-2431.(d) The ombudsman has no authority to render a decision that binds the agency.(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer. (End of clause) 5352.223-9001 Health and Safety on Government Installations Oct 2019 (a) In performing work under this contract on a Government installation, the contractor shall: (1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and (2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes. (b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract. (c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract. (End of clause) 5352.242-9000 Contractor Access to Air Force Installations Oct 2019 (a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation. (b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver s license, current vehicle registration, valid vehicle insurance certificate, to obtain a vehicle pass. (c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site. (d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with required access requirements. (e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office. (f) Failure to comply with these requirements may result in withholding of final payment. (End of Clause) See attachments (End of clause)