Inactive Total Small Business Set-Aside (FAR 19.5)

AMENDMENT 01 - March 12, 2024 - The purpose of amendment 01 is to add two cement mixers under CLIN0005 . See attached SOW for details. Heavy Equipment Rental at Montrose, CO for 947th EN CO W912LC-24-... AMENDMENT 01 - March 12, 2024 - The purpose of amendment 01 is to add two cement mixers under CLIN0005 . See attached SOW for details. Heavy Equipment Rental at Montrose, CO for 947th EN CO W912LC-24-Q-0044 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. This solicitation W912LC-24-Q-0044 is being issued as a Request for Quotation (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-035 (February 23, 2024). This procurement is posted as a total small business set aside and only qualified vendors may quote. The North American Industry Classification System (NAICS) Code: 532412 – Construction, Mining, and Forestry Machinery and Equipment Rental and Leasing and the Federal Product/Service Code: W099. The small business size standard is $40,000,000.00. This requirement is a 100% total set aside for small business. The following commercial items are requested: CLIN0001: Mini Excavator – 2 each – CAT 309 or equivalent CLIN0002: Dozer – 1 each – CAT D6T or equivalent CLIN0003: Wheel Loader – 1 each – CAT 950M or equivalent CLIN0004: Delivery and pick up at Montrose, CO CLIN0005: Cement Mixer – 2 each - Kushlan Product or equivalent See attached Statement of Work / Need Description... for CLIN Structure and detailed requirements. A firm fixed price award will be made to the vendor whose quote represents the best value to the Government in terms of price and technical acceptability. To be considered technically acceptable, the quote must meet the specification listed in the SOW. Quotes will be evaluated in accordance with FAR Part 13.106-2, Evaluation of Quotes or Offers. VENDOR SHALL SUBMIT A QUOTE THAT CONTAINS THE BRAND/MODEL OF PROPOSED EQUIPMENT. THIS WILL BE USED IN DETERMINATION OF BEST VALUE. Quotes received without the requested information may be determined to be non-responsive and may be rejected. Quotes Due Date: March 19, 2024 at 11:00 am MDT– Quotes shall be transmitted electronically via email to the points of contact listed below. Quote pricing shall be valid for 30 days after the quote due date. Please email your quote and a sample menu of the meals you plan on providing to Sabrina.m.deramus.civ@army.mil and carlos.a.castillo8.civ@army.mil Award will be a firm-fixed price purchase order. This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov. Registration must be "ACTIVE" at the time of award. Payment will be invoiced and paid through Wide Area Work Flow (WAWF). The following provisions and clauses apply to this acquisition: FAR 52.204-7 System for Award Management, FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards, FAR 52.204-16 Commercial and Government Entity Code Reporting, FAR 52.204-18 Commercial and Government Entity Code Maintenance, FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation. FAR 52.204-27, Prohibition on a ByteDance Covered Application FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations, FAR 52.212-1 Instructions to Offerors-Commercial Items, FAR 52.212-2 Evaluation -- Commercial Items and award will be made to the lowest priced quotation that meets the physical, functional, and performance criteria, FAR 52.212-3 Offeror Representations and Certifications - Commercial Products and Commercial Services (DEVIATION 2023-O0002) FAR 52.212-4 Contract Terms and Conditions – Commercial Items FAR 52.212-5 Contract Terms and Conditions Required to Implement statutes or Executive Orders—Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.219-6, 52.219-28, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-36, 52.222-50, 52.223-5, 52.223-18, 52.225-13, and 52.232-33, FAR 52.219-1 Small Business Program Representations (DEVIATION 2023-O0002) FAR 52.219-6 Notice of Total Small Business Set-Aside. FAR 52.219-8 Utilization of Small Business Concerns, FAR 52.232-39 Unenforceability of Unauthorized Obligations, FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors, FAR 52.233-3 Protest After Award, FAR 52.233-4 Applicable Law for Breach of Contract Claim, FAR 52.252-2 Clauses Incorporated by Reference, FAR 52.252-6 Authorized Deviations in Clauses (if Deviation), FAR 52.209-6 Protecting the Government's Interest When Subcontracting with Contractor Debarred, Suspended, or Proposed for Debarment. FAR 52.222-36 Equal Opportunity for Workers with Disabilities, DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials, DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials, DFARS 252.204-7008 (Dev 2016-O0001) Compliance with Safeguarding Covered Defense Information Controls, DFARS 252.204-7012 (Dev 2016-O0001) Safeguarding of Unclassified Controlled Technical Information, DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors, DFARS 252.204-7016 - Covered Defense Telecommunications Equipment or Services—Representation, DFARS 252.204-7017 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation DFARS 252.204-7018 - Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services DFARS 252.204-7024, Notice on the Use of the Supplier Performance Risk System DFARS 252.213-7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations DFARS 252.225-7001 Buy American and Balance of Payments Program, DFARS 252.225-7052, Restriction on Acquisition of Certain Magnets, Tantalum, and Tungsten DFARS 252.225-7055, Representation Regarding Business Operations with the Maduro Regime, DFARS 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime DFARS 252.225-7059, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region—Representation DFARS 252.225-7060, Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region DFARS 252.232-7003 Electronic Submission of Payment Requests and receiving reports, DFARS 252.232-7006 Wide Area Workflow Payment Instructions, DFARS 252.232-7010 Levies on Contract Payments, DFARS 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) DFARS 252.244-7000 Subcontracts for Commercial Items, DFARS 252.247-7023 Transportation of Supplies by Sea, DFARS 252.225-7036 Buy American-Free Trade Agreements-Balance of Payments Program Full Text: FAR 52.219-14 Limitations on Subcontracting, (DEVIATION 2021-O0008) LIMITATIONS ON SUBCONTRACTING (FEB 2023) (DEVIATION 2021-O0008) (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that— (1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and (2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract. (c) Applicability. This clause applies only to— (1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3); (2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3); (3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; (4) Orders expected to exceed the simplified acquisition threshold and that are— (i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii); (5) Orders, regardless of dollar value, that are— (i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and (6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference. (d) Independent contractors. An independent contractor shall be considered a subcontractor. (e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for— (1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation: (i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service. Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases. (ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor. (2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or (4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded. (f) The Contractor shall comply with the limitations on subcontracting as follows: (1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause– _X_ By the end of the base term of the contract and then by the end of each subsequent option period; or __ By the end of the performance period for each order issued under the contract. (2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order. (g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants. (1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions. (2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions. (End of clause)