Inactive Total Small Business Set-Aside (FAR 19.5)

1. GENERAL INFORMATION: A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.603, as supplemented with additional information included in t... 1. GENERAL INFORMATION: A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12.603, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; a quote is being requested, and a written solicitation will not be issued. B. The Virginia Army National Guard (VaARNG) is seeking a non-personal services contract to provide repair and maintenance for Kitchen Equipment throughout the commonwealth of Virginia. (Appendix 2 Armory locations) The period of performance starts the date of award with a base year and four option years. C. The associated North American Industrial Classification System (NAICS) code for this procurement is 811412, Appliance Repair and Maintenance with a small business size standard of $19,000,000.00. The Product Service Code (PSC) is J072, Maint/repair/rebuild of Equipment – Household and Commercial Furnishing and Appliances. This requirement is being solicited as a 100% Small business set aside, and only qualified offerors may submit quotes. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2024-02, dated January 22, 2024. D. The Government will NOT pay for costs associated with the preparation of a quote in response to this solicitation. E. To be considered for an award, vendors shall have an active registration in the System for Award Management (SAM) at https://sam.gov. Vendors are responsible to ensure the representations and certifications in their SAM registration are accurate and current. F. Payment will be made through the Wide Area Workflow (WAWF) application in accordance with DFARS clause 252.232-7006, Wide Area Workflow Payment Instructions. G. Funds are presently not 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. H. Interested vendors agree to hold the prices in their quote firm for 60 calendar days from the date specified for the closing of this RFQ. I. The Contracting Officer, on behalf of the Government, intends to evaluate the quote and make an award without discussions. The Contracting Officer unilaterally reserves the right to determine if it is necessary to conduct discussions. J. NG Agency Protest Program is intended to encourage interested parties to seek resolution of their concerns with the National Guard (NG) as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office (GAO) or another external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods as if filed at the GAO. The NG protest decision goal is to resolve protests within 35 calendar days from filing. An agency protest may be filed with either the Contracting Officer or the NG Agency’s Protest Decision Authority, but not both, in accordance with NG protest procedures. To be timely, the protests must be filed with the periods specified in FAR 33.103. To file a protest under the NG Agency Protest Program, the protest must request resolution under that program and be sent to the address below: National Guard Bureau Office of the Director of Acquisitions/ Head of Contracting Activity ATTN: NGB-AQ-O 111 S. George Mason Dr. Arlington, VA 22204 Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil All other agency-level protests should be sent to Contracting Officer David Pickard: david.a.pickard.civ@army.mil 2. COMMUNICATION WITH THE GOVERNMENT: A. Questions: Submit written questions via email to Katina Moore, katina.l.moore7.civ@army.mil. Phone calls WILL NOT be accepted. Questions will be received until February 21, 2024, no later than 11:00 AM (EST). B. Administrative Information: 1. Contracting Officer: David Pickard: david.a.pickard.civ@army.mil 2. Contract Specialist: Katina Moore: katina.l.moore7.civ@army.mil 3. ADDENDUM to 52.212-1, Instructions to Offerors – Commercial Items (Sep 2023) Addendum to FAR 52.212-1(b), Submission of offers. The offeror shall submit an electronic copy of their dated quote via e-mail to katina.l.moore7.civ@army.mil solicitation number (W912LQ-24-Q-0009) in the subject block by March 7, 2024, no later than 2:00 PM EST. Facsimile quotes will not be accepted. Offerors who do not provide all the required information with their quote may be deemed NON-RESPONSIVE for further consideration for award. In addition to the items required by 52.212-1(b), the offeror shall complete and provide the following with their submission: 1. Signed and completed Information sheet (attachment 1) 2. Signed and completed 52.204-24 & 52.204-26, 52.212-3, and 252.204-7016 & 7017 (attachment 2) 3. Pricing for all contract line-item numbers (CLINs). Vendors may submit an alternate pricing schedule. However, each requirement must be identified as a priced requirement. The alternate price schedule shall be clear as the government will not make any assumption, and award may be made without discussions. 4. Basis for Award: The Government intends to award to the responsive, responsible vendor whose quote is the lowest price and meets the requirements as stated in the PWS. Base and option period pricing will be evaluated in determining lowest price. Multiple awards will not be made. 5. Pricing Schedule – See attachment 6. Provisions and Clauses A. The following FAR and DFARS provisions are incorporated by reference and apply to this solicitation: 52.204-7, System for Award Management (OCT 2018) 52.204-16, Commercial and Government Entity Code Reporting (AUG 2020) 52.212-1, Instructions to Offerors Commercial Items (MAR 2023) 52.204-29, Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (DEC 2023) 252.203-7005, Representation Relating to Compensation of Former DOD Officials (SEP 2022) 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) 252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements (MAR 2022) 252.204-7020, NIST SP 800-171 DoD Assessment Requirements (JAN 2023) 252.204-7024, Notice on the Use of the Supplier Performance Risk System 252.225-7055, Representation Regarding Business Operations with the Maduro Regime (MAY 2022) 252.225-7059, Prohibition on Certain Procurement from the Xinjiang Uyghur Autonomous Region-Representation (JUN 2023) B. The following FAR provisions are incorporated by full text and apply to this solicitation. The full text of a provision may be accessed electronically at https://www.acquisition.gov. Supplemental information for the applicable provision is provided below. 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Contractor to complete) 52.204-26, Covered Telecommunications Equipment or Services—Representation (Contractor to complete) 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services (Sept 2023) – (Contractor to complete) 52.212-3, Offeror Representations and Certifications – Commercial Products and Commercial Services—Alternate I (OCT 2014) 52.219-1, Small Business Program Representations (DEVIATION 2023-O0002) (Contractor to complete) 52.252-1, Solicitation Provisions Incorporated by Reference (FEB 1998) – (Fill-in information: https://www.acquisition.gov/) 52.252-5, Authorized Deviations in Provisions (NOV 2020) - (Fill-in information: Defense Federal Acquisition Regulation Supplement, 2) C. The following FAR and DFARS clauses are incorporated by reference and are applicable to this solicitation and any resulting award: 52.204-9, Personal Identify Verification of Contractor Personnel (JAN 2011) 52.204-13, System for Award Management Maintenance (OCT 2018) 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-19, Incorporation by Reference of Representation and Certifications (DEC 2014) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition (DEC 2023) 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services (DEC 2022) 52.223-5 Alt I, Pollution Prevention and Right-to-Know Information – Alternate I (MAY 2011) 52.232-39, Unenforceability of Unauthorized Obligations (June 2013) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) 52.237-1, Site Visit (APR 1984) 52.237-2, Protection of Government Buildings, Equipment and Vegetation (APR 1984) 252.201-7000, Contracting Officer’s Representative (DEC 1991) 252.203-7000, Requirements Relating to Compensation of Former DOD Officials (SEP 2011) 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (DEC 2022) 252.204-7000, Disclosure of Information (OCT 2016) 252.204-7003, Control of Government Personnel Work Product (APR 1992) 252.204-7004, Antiterrorism Awareness Training for Contractors (JAN 2023) 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) 252.204-7009, Limitations on the Use or Disclosure of Third-Party (JAN 2023) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (JAN 2023) 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023) 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2023) 252.204-7022, Expediting Contract Closeout (MAY 2021) 252.211-7003, Item Unique Identification and Validation (JAN 2023) 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials—Basic (SEP 2014) 252.225-7012, Preference for Certain Domestic Commodities (APR 2022) 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005) 252.225-7048, Export-Controlled Items (JUN 2013) 252.225-7050, Disclosure Ownership or Control by the Government of a County in a State Sponsor of Terrorism (Deviation 2021-O0006) 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime (JAN 2023) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) 252.225-7060, Prohibition on Certain Procurement from the Xinjiang Uyghur Autonomous Region (JUN 2023) 252.225-7061, Restriction on the Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations (JAN 2023) 252.232-7010, Levies on Contract Payments (DEC 2006) 252.232-7017, Accelerating Payments to Small Business Subcontractors-- Prohibition on Fees and Consideration (JAN 2023) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JAN 2023) 252.237-7023, Continuation of Essential Contractor Services (OCT 2010) 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)(APRIL 2021) 252.243-7001, Pricing of Contract Modifications (DEC 1991) 252.244-7000, Subcontracts for Commercial Items and Commercial Products or Commercial Services (JAN 2023) D. The following FAR and DFARS clauses are incorporated by full text and apply to this solicitation and any resulting award. The full text of a clause may be accessed electronically at https://www.acquisition.gov. Supplemental information for the applicable clause is provided below. 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services (MAR 2023) The following FAR clauses included in 52.212-5 are applicable to this acquisition: 52.203-19 (JAN 2017), 52.204-23 (NOV 2021), 52.204-25 (NOV 2021), 52.209-10 (NOV 2015), 52.233-3 (AUG 1996), 52.233-4 (OCT 2004), 52.204-10 (JUN 2020), 52.209-6 (NOV 2021), 52.219-6 (NOV 2020), 52.219-28 MAR 2023), 52.222-3 (JUN 2003), 52.222-21 (APR 2015), 52.222-26 (SEPT 2016), 52.222-36 (JUN 2020), 52.222-40 (DEC 2010), 52.222-50 (NOV 2021), 52.223-18 (JUN 2020), 52.225-13 (FEB 2021), 52.232-33 (OCT 2018) 52.222-41 (AUG 2018) 52.222-42 (MAY 2014)(Fill-in information: Occupation Code 23470 – Laborer WG-2 – 13.77 per hour) 52.222-55 (JAN 2022) and,52.222-62 (JAN 2022) 52.217-5 Evaluation of Options (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor prior to contract expiration. 52.217-9 Option to extend the term and of the Contract (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 calendar days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2021-O0008) (FEB 2023) 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 19.5; (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 protege and its mentor approved by the Small Business Administration, the small business protege shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege 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. 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION Employee Class Monetary Wage-Fringe Benefits Code Title Grade Hourly rate 23110 Appliance Mechanic WG-9 23.50 23470 Laborer WG-2 13.59 52.252-2, Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the fill text of a clause may be accessed electronically at these/these address(es) https://www.acquisition.gov/) 52.252-6, Authorized Deviations in Clauses (NOV 2020) (a) The use in this solicitation or 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 solicitation or contract of any Defense Federal Acquisition Regulation Supplement (DFARS) (48 CFR _2____) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. 252.232-7006, 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. ____________________________________________________________ (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. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay official DoDAAC HQ0670 Issue by DoDAAC W912LQ Admin DoDAAC W912LQ Inspect by DoDAAC not applicable Ship to Code not applicable Ship from Code not applicable Mark for Code not applicable Service Approver (DoDAAC) not applicable Service Acceptor (DoDAAC) not applicable Accept at Other (DoDAAC) W801GJ LPO DoDAAC not applicable DCAA Auditor DoDAAC not applicable Othe DoDAAC not applicable (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. Ng.va.vaarng.list-ngva-aqs-wawf@mail.mil (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. Katina.l.moore7.civ@army.mil and David.a.pickard.civ@army.mil (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed 6. Attachments Information sheet Reps & Certs PWS Appendix 1 (Food Service Equipment Serviceability) Appendix 2 (Armory Locations) – Will be given upon award. Appendix 3 (Quarterly Preventative Maintenance Scope of Work) Pricing Schedule CLIN Wage Determination-Danville Wage Determination-Scott Wage Determinaton-Amherst Wage Determination-Alleghany Wage Determination-Scott Wage Determination-FairFax Wage Determinaton-Nofolk Wage Determination-Amelia