Inactive Total Small Business Set-Aside (FAR 19.5)

17July2023: The Q&A document is combined in one, the DOR is revised, an example BPA call is provided, and the response date/time is extended to 28 July 2023 at 12:00PM CST. The solicitation below is a... 17July2023: The Q&A document is combined in one, the DOR is revised, an example BPA call is provided, and the response date/time is extended to 28 July 2023 at 12:00PM CST. The solicitation below is amended which changes in BOLD. 12July2023: A third Question & Answer document has been added to the Attachments section of this solicitatoin. Additional questions will not be accepted after 12:00pm CST Friday, 14July2023. 10July2023: A second Question & Answer document has been added to the Attachments section of this solicitation. FAR 52.219-14 and DFARS 252.225-7001 have been added to the solicitation. 10July2023: A Question & Answer document has been added to the Attachments section of this solicitation. 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; quotes are being requested, and a written solicitation will not be issued. The US Army Corps of Engineers (USACE) Engineer Research and Development Center (ERDC) Geotechnical and Structures Laboratory (GSL) intends to award multiple, up to three, Master Blanket Purchase Agreements (BPAs) for Connex Boxes/International Organization for Standardization (ISO) Containers. A BPA is a simplified method of filing anticipated repetitive needs for supplies or services by establishing “charge accounts” with qualified sources of supply. Pursuant to Federal Acquisition Regulation (FAR) 13.303, Blanket Purchase Agreements, the Contractor agrees to the identified terms and conditions for a BPA to provide the required containers. The Government anticipates this solicitation will result in multiple BPA awards, up to three. Ordering shall be for a period of five years with a total combined $998,252.84 in capacity is utilized, unless earlier termination. The contractor shall furnish all labor, supervision, and other items and services necessary to produce the required containers as defined in the attached Description of Requirements (DOR). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04. This procurement is being competed 100% small business set aside and utilizes the North American Industry Classification System Code (NAICS) 332439, Other Metal Container Manufacturing with a size standard of 600 employees. This procurement is being conducted in accordance with regulation at FAR 12, Acquisition of Commercial Products and Commercial Services and FAR Part 13, Simplified Acquisition Procedures, and FAR 13.303, Blanket Purchase Agreements. The Master BPA does not obligate any funds. The government shall be obligated only to the extent of authorizes services actually utilized via a properly executed BPA Call. The government estimates, but does not guarantee, that the total volume of purchases through this agreement will be $998,252.84 over a five year period. Individual purchases shall not exceed $250,000.00. There shall be no guaranteed minimum or maximum order limits established and no guarantee dollar amount of expenditures with the vendor. Actual purchases will be made via properly executed BPA calls. All BPA Calls will be initiated at the time the containers are needed by a warranted Contracting Officer, a warranted Micro-Purchase Contracting Officer, or a BPA Ordering Authorized Individual. Please see attached Description of Requirements (DOR) and Example BPA Call. Instructions to Offerors (Reference FAR 52.212-1) (a) The Offeror is responsible for reading all information contained in this solicitation and all attachments, if any, posted with it. Offerors should check the www.SAM.gov website often for any information regarding this solicitation and/or amendments to this solicitation. For information concerning this solicitation, please email Allison.B.Hudson@usace.army.mil and Angela.M.Stokes@usace.army.mil (b) Pursuant to FAR 52.204-7(b), System for Award Management, offerors must be registered in the System for Award Management (SAM) at the time an offer or quotation is submitted, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. If an offeror is not registered in SAM at the time of the offer, its offer will not be considered for award. You may register electronically at http://www.sam.gov. (c) Submission of offers. Signed and dated offers are due 28 July 2023, not later than 12:00 PM CST and must be submitted via email to: Allison.B.Hudson@usace.army.mil and Angela.M.Stokes@usace.army.mil. Offers may be submitted in writing on letterhead stationery, or as otherwise specified in the solicitation. At a minimum, offers must include: (1) The solicitation number W912HZ23Q1833; (2) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This includes providing the terms of any standard warranty and technical support. This may include product literature, or other documents, if necessary; (3) Offerors shall provide a unit price for all the items listed in the example BPA Call DOR. These will not be binding prices, only for evaluating purposes only. All future BPA calls will be competed within the pool established. (4) Cage code and/or DUNS Number. (d) Late submissions, modifications, revisions, and withdrawals of offers - (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the designated government emails by the date and time designated in the solicitation; (2) Any offer, modification, revision, or withdrawal of an offer received after the exact date and time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; however, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted; and (3) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. (e) Contract award. Award(s) will be made to the three offerors that are technically acceptable and provide the lowest quote. Failure to submit sufficient information for the Government to determine technical capability and quoted price may be cause for rejection of your quote. The Government intends to evaluate offers and award without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (f) Offers shall be made in accordance with the DOR document provided in the solicitation. (g) Oral communications ARE NOT acceptable in response to this notice. (h) Technical Inquiries and Questions: All technical inquiries and questions relating to this solicitation are to be submitted via email to Allison.B.Hudson@usace.army.mil and Angela.M.Stokes@usace.army.mil. Questions will NOT be accepted after 1:00PM CST on 21 July 2023. Offerors must review the specifications in their entirety and review the www.SAM.gov website for answers to questions prior to submission of an inquiry FAR 52.212-2 - Evaluation -- Commercial Products and Commercial Services: (a) 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: 1) Lowest Price 2) Technically Capability The Government will issue an award to the offeror whose quote is the Lowest Price that is determined to meet at least the minimum requirements to be determined Technically Capable. (1) Technically Capable is defined as the documented capability to meet the minimum requirements of the project as specified in this solicitation and the attached specifications, including evidence of the offeror's capability to provide the items specified. It is imperative that the offeror submit sufficient documentation and information for the Government to determine technical capability and quoted price. Failure to submit sufficient information for the Government to determine technical capability and quoted price may be cause for rejection of your quote. (b) 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. (End of provision) The following FAR clauses and provisions may apply to this acquisition: 52.203-3 Gratuities 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-7 System for Award Management 52.204-13 System for Award Management Maintenance 52.212-3 Offerors Representations and Certifications- Commercial Products and Commercial Services 52.204-8 Annual Representations and Certifications 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders – Commercial Products an Commercial Services 52.225-18 Place of Manufacture 52.225-25 Prohibition on Contracting with Entites Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications 52.252-2 Clauses Incorporated by Reference Additionally, the following clauses/provisions located within FAR 52.212- 5 may apply to this acquisition: 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-6 Protecting the Government's Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.219-6 Notice of Total Small Business Set-Aside 52.219-14 Limitations on Subcontracting 52.219-28 Post Award Small Business Program Representation 52.222-3 Convict Labor 52.222-19 Child Labor Cooperation with Authorities and Remedies 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 52.222-50 Combating Trafficking in Persons 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-34 Payment by Electronic Funds Transfer – Other than System for Award Management 52.233- 3 Protest After Award 52.233-4 Applicable Law for Breach of Contract Claim The full text of these FAR clauses can be accessed electronically at website: https://www.acquisition.gov/browse/index/far The following DFARS Clauses and Provisions may be applicable to this acquisition: 252.203-7000 Requirement Relating to Compensation of Former DoD officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD officials 252.204-7003 Control Of Government Personnel Work Product 252.225-7000 Buy American-Balance of Payments Program Certificate 252.225-7001 Buy American-Balance of Payments Program 252.225-7002 Qualifying Country Sources as Subcontractors 252.225-7001 Buy American and Balance of Payments Program 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7010 Levies on Contract Payments 252.243-7001 Pricing Of Contract Modifications The full text of these DFARS clauses can be accessed electronically at website: https://www.acquisition.gov/dfars