Inactive Total Small Business Set-Aside (FAR 19.5)

COMBINED SYNOPSIS/SOLICITATION W912EP21R0023 DESCRIPTION: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FA... COMBINED SYNOPSIS/SOLICITATION W912EP21R0023 DESCRIPTION: This is a combined synopsis/solicitation for commercial items prepared 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 Government reserves the right to award without discussions. In accordance with FAR 5.207(c)(16)(i), all responsible sources may submit a bid, proposal, or quotation which shall be considered by the agency. This is a Request for Proposal (RFQ) and incorporates FAR provisions and clauses in effect through Federal Acquisition Circular (FAC) 2021-05 (10 Mar 2021). The U.S. Army Corps of Engineers, Jacksonville District anticipates establishing a multiple-award, non-priced Blanket Purchase Agreement (BPA) to provide the supplies listed below. It is anticipated that no less than three (3) and no more than six (6) separate agreements will be established. This requirement is a Small Business Set-Aside in accordance with FAR Subpart 19.5. The associated primary NAICS code is: 237990, Other Heavy and Civil Engineering Construction Small business size standard is: $39.5 Million The associated secondary NAICS codes are: 237310, Highway, Street, and Bridge Construction Small business size standard is: $39.5 Million 212321, Construction Sand and Gravel Mining Small business size standard is: 500 employees The U.S. Army Corps of Engineers, Jacksonville District has on ongoing need for heavy and civil construction materials purchases under the applicable NAICS codes for various locations in the State of Florida and the State of Georgia. USACE SAJ is in need of various project materials, tools and ancillary services to perform a variety of projects throughout these locations. This requirement shall cover all heavy and Civil construction materials, tools and ancillary services associated with heavy and civil construction functions. A non-exhaustive list specifying frequently used materials, tools and ancillary services is included in the Description of Supplies. Additional scope information will be outlined in each BPA call. Note: The Period of Performance of this BPA will five (5) years. Location of Work: The work shall be performed at the contractor’s facility and in various locations in the State of Florida and the State of Georgia. The provision at 52.212-1 Instructions to Offerors -- Commercial, applies to this acquisition. Addendum to 52.212-1 Proposal Content – The proposal shall have a title page identifying the offeror, the full address, phone and facsimile numbers, points of contact (POCs) and Commercial and Government Entity (CAGE) code of the offeror, the solicitation number and its contents. All proposal documents when printed shall fit on 8 x 11 inch paper to include spreadsheets (with appropriate page breaks). The proposal shall be, at a minimum, 12 point font (8 point is acceptable for Tables/Graphics). Ensure the proposal is submitted in PDF format. Spreadsheets shall be submitted in Excel document format. Proposals shall be responsive to and comply with the terms of this combined synopsis/solicitation in order to be eligible to receive an award. All combined synopsis/solicitation requirements shall be addressed in sufficient written detail for the Government to determine if the offeror understands each aspect of the Government’s requirement. The Government will reject the proposal if determined to be materially nonresponsive or that does not conform to the terms of the combined synopsis/solicitation. To be eligible to receive an award, the proposal submitted in response to this combined synopsis/solicitation shall consist of the contents required in the sub-paragraphs described below: a. Technical: Standards and specifications have been defined in the Description of Supplies. The Offeror shall submit a proposal that meets or exceeds all specifications identified in the Description of Supplies. Offeror’s shall provide specific assertions of capabilities relating to this requirement, and include a brief description of standard materials offered, limitations on available materials or quantities ordered for a period, capabilities to meet the delivery requirement and how delivery charges are determined, and how meterials are typically priced. b. Past Performance: The offeror shall submit past performance questionnaires for up to three (3) contracts that the offeror currently has or has completed within the past five (5) years under which the offeror performed services as described in the performance work statement, in the public and/or private sector. The Government intends to review past performance information from the submitted past performance questionnaires or from any source available. These sources include, but are not limited to, the Past Performance Information Retrieval System (PPIRS) and Federal Awardee Performance and Integrity Information System (FAPIIS), points of contact from the technical experience projects, or other databases, interviews with Program Managers, and interviews with Contracting Officers. c. Price: No submission is required for the BPA. Pricing will be required and evaluated for individual BPA calls. The provision at 52.212-2 Evaluation--Commercial Items, applies to this acquisition. Addendum to 52.212-2 The Government anticipates establishing a multiple-award, non-priced BPA to provide the supplies listed below in accordance with the procedures authorized in FAR Part 13, Simplified Acquisition Procedures, and considering the following factors: (1) Technical; (2) Past Performance, and (3) Price. To be eligible to receive an award, proposals submitted in response to this combined synopsis/solicitation shall consist of the contents required in the sub-paragraphs described below: a. Technical: Standards and specifications have been defined in the Description of Supplies. The Offeror shall submit a proposal that meets or exceeds all specifications identified in the Description of Supplies and in this combined synopsis/solicitation. Proposals will be rated as "Acceptable" or "Unacceptable" in regards to ability to meet the requirements of the combined synopsis/solicitation. Refer to Table 1 for a description of the ratings. The minimum requirements must be met in order for the technical factor to be considered acceptable and for the proposal to be considered for award. Table 1. Technical Oustanding/Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal meets the requirements of the combined synopsis/solicitation. Unacceptable Proposal does not meet the minimum requirements of the combined synopsis/solicitation. b. Past Performance: The Government will evaluate offerors’ likelihood of success in performing the combined synopsis/solicitation's requirements as indicated by those offerors’ record of past performance. Past performance ratings will be based on data obtained from submitted past performance questionnaires or any available sources, such as the Past Performance Information Retrieval System (PPIRS). The Government will assign a rating as indicated below. Table 2. Past Performance Evaluation Ratings Rating Description Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below.) Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.” c. Price: No submission is required for the BPA. Pricing will be required and evaluated for individual BPA calls. Individual BPA call prices will be evaluated for fairness and reasonableness through the use of price analysis. The Contracting Officer will conduct the price analysis in accordance with FAR 13.106-3(a). The provision at 52.212-3 Offeror Representations and Certifications - Commercial Items, applies to this acquisition. Offeror shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items, with its offer. The clause at 52.212-4 Contract Terms and Conditions -- Commercial Items, applies to this acquisition. The clause at 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. Additional FAR clauses cited in 52.212-5 Contract Terms and Conditions Required to Implement Statutes Or Executive Orders -- Commercial Items, that apply to this acquisition 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006), Alternate I 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.219-6 Notice of Total Small Business Set-Aside 52.219-8 Utilization of Small Business Concerns 52.219-14 Limitations on Subcontracting 52.219-28 Post Award Small Business Program Rerepresentation 52.222-3 Convict Labor 52.222-21 Prohibition of Segregated Facilities 52.222-26 Equal Opportunity 52.222-35 Equal Opportunity for Veterans 52.222-36 Equal Opportunity for Workers with Disabilities 52.222-37 Employment Reports on Veterans 52.222-40 Notification of Employee Rights Under the National Labor relations Act 52.222-41 Service Contract Labor Standards 52.222-42 Statement of Equivalent Rates for Federal Hires 52.222-50 Combating Trafficking in Persons 52.222-55 Minimum Wages Under Executive Order 13658 52.222-62 Paid Sick Leave Under Executive Order 13706 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.224-3 Privacy Training 52.225-13 Restrictions on Certain Foreign Purchases 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.233-3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim Additional Provision that apply to this acquisition: 52.203-18 Prohibition On Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements—Representation 52.204-7 System for Award Management 52.204-16 Commercial and Government Entity Code Reporting 52.204-22 Alternative Line Item Proposal 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under Any Federal Law 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 252.205-7000 Provision of Information to Cooperative Agreement Holders Additional Clauses that apply to this acquisition: 52.203-3 Gratuities 52.203-19 Prohibition On Requiring Certain Internal Confidentiality Agreements Or Statements 52.204-13 System for Award Management Maintenance 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.215-23 Limitations on Pass-Through Charges 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 252.201-7000 Contracting Officer's Representative 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.204-7004 Alternate A, System for Award Management 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.225-7012 Preference for Certain Domestic Commodities 252.225-7048 Export-Controlled Items 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns 252.227-7015 Technical Data--Commercial Items 252.227-7037 Validation of Restrictive Markings on Technical Data 252.232-7010 Levies on Contract Payments 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel Fill-In Clauses that apply to this acquisition: 52.219-28 Post Award Small Business Program Rerepresentation (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 237990. 52.252-6 Authorized Deviations in Clauses (a) The use in this contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. Open Market pricing is required. Anticipated Award Date is: May 14, 2021 Technical inquiries and questions relating to this combined synopsis/solicitation are due by 3:00 PM EST, April 20, 2021. Questions shall be sent via email to Michael.S.Stiltner@usace.army.mil and James.T.Tracy@usace.army.mil. When submitting questions, please include the combined synopsis/solicitation number and project title. The government reserves the right to limit and/or to not respond to any further questions pertaining to this project received after April 20, 2021. Offerors should base their offers on the information provided in the combined synopsis/solicitation and all issued amendments thereto. All answers to technical inquiries and questions are reviewed by the Contracting Officer prior to response. Answers to technical inquiries may result in amendments to the combined synopsis/solicitation. If an amendment is issued, it will be posted on the Government Point of Entry website (www.beta.sam.gov). Proposals are due by 3:00 PM EST, April 26, 2021. Proposals shall be sent via email to Michael.S.Stiltner@usace.army.mil, and James.T.Tracy@usace.army.mil. Attached: Blanket Purchase Agreement Description of Supplies Past Performance Questionnaire