Inactive Total Small Business Set-Aside (FAR 19.5)

North Dakota Air National Guard Request for Quote (RFQ) 119th Wing / NDANG 1400 32nd Ave. North Fargo, ND 58102 This effort is a high priority requirement in support of the National Guard and this sol... North Dakota Air National Guard Request for Quote (RFQ) 119th Wing / NDANG 1400 32nd Ave. North Fargo, ND 58102 This effort is a high priority requirement in support of the National Guard and this solicitation is being issued under “Short of Award” authority. Funds are not presently available to make award. If funds become available for award, and prices are deemed fair and reasonable, it is the Government’s intent to make award. This is not a commitment of funds or contract award. (i) In accordance with FAR 12.603(c)(2): This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in 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. (ii) This solicitation, W50S88-23-Q-0120, is being issued as a Request for Quotation (RFQ). (iii) This solicitation document, which incorporates provisions and clauses for commercial items, are those in effect through Federal Acquisition Circular (FAC) 2023-04, effective 06/02/2023. (iv) This procurement is a 100% Total Small Business set-aside in accordance with FAR 19.502-2(a). The associated NAICS code is 332420 and the small business size standard is 750 Employees. (v) Line-item numbers and items, quantities, and units of measure: CLIN 0001, Qty 1, Contain Water Systems Corrugated Steel Water Tank with 30 Degree Roof, holds 20719 gallons Model 1803 S, 1 EA CLIN 0002, Qty 1, Shipping, 1 EA (vi) Description of requirements for the services required: The 119th WG North Dakota Air National Guard has a requirement for a “Brand Name” or “Equal” for a Quantity of one (1) corrugated galvanized steel water storage tank. The Government intends to award a Firm Fixed Price Contract based on Best Value, with price and other factors considered. Please refer to page three under “Basis of Award”. The minimum salient characteristics (physical, functional, performance) for the corrugated galvanized steel water tank are identified as follows: Functional Characteristics: - Must hold a minimum of 20,000 gallons of water - Must have between 20° - 40° pitched roof design - Must have a water level indicator located on outside of tank - Must be high strength corrugated galvanized steel - Designed to exceed AWWA D103-09 standards, heavily engineered using governing codes of ASCE7-10 - Must have a minimum of one gooseneck roof vent - Tank liner must meet the following minimum requirements - reinforced vinyl based terpolymer - minimum thickness of 0.040” MILS, single ply, extruded - Must have a minimum of two 3” (NPT) metal flange tank penetration drain kits - Must have a minimum of one 2” (NPT) metal flange penetration drain kits - Must have a minimum of one 3-tier interior wall ladder w/safety foot climb device - Must have a minimum of one 3-tier exterior wall ladder (OSHA Rated) w/hardware components - Must have a minimum of one exterior wall ladder block-off door assembly - Must have a minimum of one fall arrest 3-tier, including fall protection system hardware for a single tank Physical Characteristics: - 18’ to 20’ feet in diameter - 10’ to 12’ feet high for eave height - 13’ to 16’ feet high for maximum peak height (vii) Date(s) and place(s) of delivery and acceptance: 119th Wing / North Dakota Air National Guard, 1400 32nd Ave. N., Fargo, ND 58102-1051. Preferred Delivery Date: 60 Days ARO. (viii) The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition; addenda are attached below. ADDENDUM TO FAR 52.212-1 Instructions to Offerors-Commercial Items: Offerors shall prepare their quotations IAW FAR 52.212-1. In addition, prepared quotes shall include the following information: UEI Number. Federal Tax ID Number. CAGE Code. Contractor’s Legal Name. Payment Terms (NET 30) or Discount. Point of Contact (POC) name, phone number, and email address. Pricing for all Contract Line-Item Numbers identified in paragraph v above. Provide a cut sheet of the corrugated galvanized steel water storage tank which includes all specifications of the tank. **Quotations must be emailed to and received by the individuals identified in paragraph xvi by the solicitation closing date and time identified in paragraph xv below. (ix) The provision at 52.212-2, Evaluation-Commercial Services applies to this acquisition. Evaluation of offers/quotes received will be conducted using Simplified Acquisition Procedures IAW with FAR Part 13.106-2. Evaluation factors are listed below. Evaluation-Commercial Services Basis of Award: 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 in terms of “Best Value”, with price and other factors considered. The following factors shall be used to evaluate offers: - Price - Technical Acceptability Price: Prices will be evaluated utilizing one or more of the methods in FAR 13.106-2. For an offeror to receive the award, prices must be determined to be fair and reasonable. Technical Acceptability: The Government will evaluate the technical acceptability of services offered in accordance with this solicitation. All interested parties are requested to submit details of your firm's ability to provide and deliver the products. *Technical acceptability is approximately equal when compared to cost or price. (x) Offerors are advised to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its offer. (xi) The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition. Provisions and clauses can be viewed at https://acquisition.gov. (xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition. Provisions and clauses can be viewed at https://acquisition.gov. (xiii) Offerors must be SAM registered to be considered as eligible for any resultant contract award. See the associated PWS for a complete description of the required services. 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, whether or not there are exchanges after its receipt, unless a written notice of withdrawal is received before award. Contract award may be made without discussions. (xiv) The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition. (xv) Responses (quotes) in response to this solicitation are to be submitted and received electronically via email by 3:00 P.M. Central Standard Time (CST) on Wednesday, August 30th, 2023. Quotes that are received after this date and time will not be accepted for consideration of contract award. Submission of a quote does not obligate the Government to make an award. (xvi) Contact information for the individual(s) to contact for information regarding this solicitation: 1LT Brian Erdmann MSgt Tamara Stavenes Contracting Officer Contract Specialist brian.erdmann@us.af.mil tamara.stavenes@us.af.mil. ------------------------------------------------------------------------------------------------------------------------------------------ THE FOLLOWING FAR CLAUSES AND PROVISIONS ARE APPLICABLE TO THIS ACQUISITION: 52.204-13 System for Award Management Maintenance 52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements—Representation (JAN 2017) 52.204-7 System for Award Management (OCT 2018) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.204-17 Ownership or Control of Offeror (AUG 2020) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-20 Predecessor of Office (AUG 2020) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) 52.204-24 - Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) 52.204-26 – Covered Telecommunications Equipment or Services-Representation (OCT 2020) 52.204-27 – Prohibition on a ByteDance Covered Application (JUN 2023) 52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations (NOV 2015) 52.211-6 Brand Name or Equal (AUG 1999) 52.212-1 Instructions to Offerors--Commercial Items (NOV 2021) 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (DEVIATION 2023-O0002) 52.212-4 Contract Terms and Conditions--Commercial Items (NOV 2021) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Order-Commercial Items (JAN 2022) 52.219-1 Small Business Program Representations (DEVIATION 2023-O0002) (MAR 2023) 52.219-28 Post-Award Small Business Program Representation (SEP 2021) 52.222-3 Convict Labor (JUN 2003) 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) 52.222-21 Prohibition Of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (SEPT 2016) 52.222-36 Equal Opportunity for Workers with Disabilities. (Jun 2020) 52.222-50 Combating Trafficking in Persons (NOV 2021) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (JUN 2020) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) 52.232-18 Availability of Funds (APR 1984) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) 52.249-1 Termination For Convenience Of The Government (Fixed-Price) (Short Form) (APR 1984) THE FOLLOWING DFARS PROVISIONS AND CLAUSES ARE APPLICABLE TO THIS ACQUISITION: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEPT 2011) 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011) 252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (DEC 2019) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016) 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation (DEC 2019) 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services— Representation (MAY 2021) 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2021) 252.204-7024, Notice on the Use of the Supplier Performance Risk System (MAR 2023) 252.223-7997 Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanoic Acid – Representation (DEVIATION 2023-O0010) (SEPT 2022) 252.223-7998 Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanoic Acid (DEVIATION 2023-O0010) (APRIL 2023) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.225-7055 Representation Regarding Business operations with the Maduro Regime (MAY 2022) 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (JAN 2023) 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation (JUN 2023) 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (JUN 2023) 252.239-7098 Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites-Representation (DEVIATION 2021-O0003)(APR 2021) 252.243-7001 Pricing of Contract Modifications (DEC 1991) 252.244-7000 Subcontracts for Commercial Items or Commercial Services (JAN 2023) CLAUSES AND PROVISIONS INCORPORATED BY FULL TEXT 52.219-6 NOTICE OF SMALL BUSINESS SET-ASIDE (NOV 2020) (a) Definition. Small business concern, as used in this clause— (1) 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 size standards in this solicitation. (2) Affiliates, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103. (b) Applicability. This clause applies only to- (1) Contracts that have been totally set aside for small business concerns; and (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c) General. (1) 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. (2) Any award resulting from this solicitation will be made to a small business concern. (End of clause) 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of clause) 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): (i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher. (ii) For fixed price line items— (A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. COMBO (Invoice and Receiving Report) (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.) (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. _____________________________________________________________________________________ (Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.) (iii) For customary progress payments based on costs incurred, submit a progress payment request. (iv) For performance based payments, submit a performance based payment request. (v) For commercial financing, submit a commercial financing request. (2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. [Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.] (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. Data to be entered in WAWF Pay Official DoDAAC, F87700 Issue By DoDAAC, W50S88 Admin By DoDAAC, W50S88 Ship To Code, F7B3CE (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. 1LT Brian Erdmann (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. (End of clause)