Inactive Total Small Business Set-Aside (FAR 19.5)

COMBINED SYNOPSIS/SOLICITATION W91ZLK-19-R-0079 Wastewater Holding Tank Pumping Services This combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart ... COMBINED SYNOPSIS/SOLICITATION W91ZLK-19-R-0079 Wastewater Holding Tank Pumping Services This combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 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. Incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 05-96. The solicitation number for this request for proposal (RFP) is W91ZLK-19-R-0079. This requirement is under the associated North American Industry Classification System (NAICS) Code 562991, Septic Tank and Related Services and the Small Business Size Standard $7.5M. The Government contemplates a single award Indefinite Delivery/Indefinite Quantity (IDIQ) contract with task orders on a Firm-Fixed Price (FFP) basis in accordance with FAR 13.5, Simplified Procedures for Certain Commercial Items. The minimum guarantee is 1 pump out per year and a maximum of 40 pump-outs per year. Pump-out services shall be ordered on an as-needed basis in increments of 1,500 gallons. The overall ceiling value is $72,800.00 for a base year and four option years. No funds will be obligated on the basic contract; they will be obligated on individual task orders. This procurement will be evaluated as Lowest Priced Technically Acceptable (LPTA). The Edgewood Chemical and Biological Center (ECBC) Chemical Biological Applications & Risk Reduction (CBARR) Business Unit requires a non-personal services contract for the pumping of wastewater holding tanks at various sites on Aberdeen Proving Ground (APG), Maryland. . Prices quoted will be binding on this contract for the period covering a sixty (60) month period from date of award. Task orders will be issued on an as-needed basis for individual organization needs. 52.212-1 Instruction to Offerors Commercial Items This clause applies in its entirety and there are currently no addenda to the provision. Proposals shall be submitted in two (2) separate volumes: Volume I: Service Contract W91ZLK-19-R-0079 PRICE Proposal Offerors shall complete the Excel spreadsheet, Septic Tank Cleanout "which covers the entire period of performance on contract. Volume II: Service Contract W91ZLK-19-R-0079 TECHNICAL PROPOSAL ALL PROPOSALS SHALL BE SUBMITTED VIA EMAIL WITH THE SUBJECT LINE: W91ZLK-19-R-0079 PROPOSAL FROM (INSERT COMPANY NAME) Proposal Format: Volume I: Price. Price will be evaluated on the basis of price reasonableness. Price reasonableness pertains to the offeror's ability to project a price which is realistic and indicates that the offeror understands the nature and scope of work to be performed. The Government will evaluate offerors for award purposes by adding the total of all tabs included on the attached spreadsheet, entitled "Septic Tank Cleanout" The Price Proposal shall include the following elements: 1. Header Page Company Name, DUNS, CAGE, Business Type/Size, ETN# and point of contact information to include: Name, title, email address, and telephone number including extension. 2. INCLUDE ALL Information Below: Item 0001: Base Year A unit price for each item, refer pricing to "ECBC Septic Tank Cleanout" provided in Excel. This includes all pump-outs minimum of 1 pump-out and a maximum of 40 pump-outs per year Item 0002: ACCOUNTING FOR CONTRACT SERVICES QTY: 1 Unit of Issue: JOB Total Price: Not separately priced The Accounting for Contract Services/Contractor Manpower Reporting requirement has been added to the statement of work, and contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract. Price Restraint: NSP Item 1001: Option Year One A unit price for each pump-out, minimum of 1 and a maximum of 40 pump outs. Item 1002: ACCOUNTING FOR CONTRACT SERVICES QTY: 1 Unit of Issue: JOB Total Price: Not separately priced The Accounting for Contract Services/Contractor Manpower Reporting requirement has been added to the statement of work, and contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract. Price Restraint: NSP Total Price for Option Year One: ______________ Item 2001: Option Year Two A unit price for each item, minimum of 1 and a maximum of 40 pump outs . Item 2002: ACCOUNTING FOR CONTRACT SERVICES QTY: 1 Unit of Issue: JOB Total Price: Not separately priced The Accounting for Contract Services/Contractor Manpower Reporting requirement has been added to the statement of work, and contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract. Price Restraint: NSP Total Price for Option Year Two: ______________ Item 3001: Option Year Three A unit price for each item, minimum of 1 and a maximum of 40 pump outs . Item 3002: ACCOUNTING FOR CONTRACT SERVICES QTY: 1 Unit of Issue: JOB Total Price: Not separately priced The Accounting for Contract Services/Contractor Manpower Reporting requirement has been added to the statement of work, and contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract. Price Restraint: NSP Total Price for Option Year Three: ______________ Item 4001: Option Year Four A unit price for each item, minimum of 1 and a maximum of 40 pump outs . Item 4002: ACCOUNTING FOR CONTRACT SERVICES QTY: 1 Unit of Issue: JOB Total Price: Not separately priced The Accounting for Contract Services/Contractor Manpower Reporting requirement has been added to the performance work statement, and contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract. Price Restraint: NSP Total Price for Option Year Four: ______________ Item 5001: Six Month Option Period Item 5002: Accounting for contract services The Accounting for Contract Services/Contractor Manpower Reporting requirement has been added to the performance work statement, and contractor is required to provide data on contractor manpower (including subcontractor manpower) for performance of this contract. Price restraint: NSP Total Price for Six Month Option Period Volume II: Detail Technical Proposal shall be evaluated based on the following factors: 1. Factor 1: Technical. The offeror's approach adequately describes and presents a clear understanding of all requirements specified in the PWS. : NOTE: Contractor shall achieve technically acceptable rating on all technical factors to be considered technically acceptable. 52.212-2, Evaluation Commercial Items The contract will be awarded to the Lowest Price Technically Acceptable (LPTA) offeror. The technical evaluation will be a determination based on information furnished by the vendor in the submitted proposals. The Government is not responsible for locating or securing any information which is not identified in the offer. The Government reserves the right to make an award without discussions. Proposals will be evaluated by adding all Firm-Fixed Price costs for base and option years. 52.212-3 Offeror Representations and Certifications -- Commercial Items. All quotations from responsible sources will be fully considered. Vendors, who are not registered in the System for Award Management (SAM), prior to award, will not be considered. Vendors may register with SAM by going to www.sam.gov. 52.212-4 Contract Terms and Conditions Commercial Items This clause applies in its entirety and there are currently no addenda to the provision. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. This clause applies, and the following clauses are incorporated by reference. The following provisions and clauses will be incorporated by reference, and the full text of the references may be accessed electronically at this address: http://farsite.hill.af.mil: 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (July 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (July 2013) (31 U.S.C. 6101 note). 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313). 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). 52.219-28, Post Award Small Business Program Representation (July 2013) (15 U.S.C. 632(a)(2)). 52.222-3, Convict Labor (June 2003) (E.O. 11755). 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332). 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JUL 2012). (xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. 52.216-8 Fixed Fee (a) The Government shall pay the Contractor for performing this contract the fixed fee specified in the Schedule. (b) Payment of the fixed fee shall be made as specified in the Schedule; provided that the Contracting Officer withholds a reserve not to exceed 15 percent of the total fixed fee or $100,000, whichever is less, to protect the Government's interest. The Contracting Officer shall release 75 percent of all fee withholds under this contract after receipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of this contract, provided the Contractor has satisfied all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior years' settlements. The Contracting Officer may release up to 90 percent of the fee withholds under this contract based on the Contractor's past performance related to the submission and settlement of final indirect cost rate proposals. 52.216-22 Indefinite Quantity (Oct 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _______________ [insert date]. 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 at least 30 days before the contract expires. 252.232-7007 Limitation of Government's Obligation (APR 2014) (a) Contract line item(s) [Contracting Officer insert after negotiations] is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause. (b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s). (c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly. (e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes." (f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause. (g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause. (h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342. AMC-LEVEL PROTEST PROGRAM (AUG 2012) ACC-APG 5152.233-4900 If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office (GAO) or other 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 AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the Contracting Officer) to: Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Phone: (256) 450-8165 Fax: (256) 450-8840 E-mail: amcprotests@conus.army.mil The AMC-Level Protest Procedures are accessible via the Internet at: www.amc.army.mil/amc/commandcounsel.html. If Internet access is not available, contact the Contracting Officer or HQ, AMC, to obtain the AMC Level Protest Procedures. All questions must be submitted via email to gregory.faulcon.civ@mail.mil by 29 June 2019, 10:00 a.m. EDT. SUBJECT LINE: W91ZLK-19-R-0079 Questions from (INSERT COMPANY NAME). All questions will be answered via an amendment to the solicitation on FBO. NO TELEPHONE INQUIRES WILL BE HONORED. Proposals must be signed, dated, and received by 02 July 2019, 10:00 a.m. DST via email togregory.faulcon.civ@mail.mil. NO TELEPHONE INQUIRES WILL BE