Inactive Total Small Business Set-Aside (FAR 19.5)

This is a 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. The solic... This is a 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. The solicitation number is 20105387 and is issued as a Request for Quote (RFQ), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-02. The associated North American Industrial Classification System (NAICS) code for this procurement is 562991 with a small business size standard of $7.50M. This requirement is a [ Small Business ] set-aside and only qualified offerors may submit bids. The solicitation pricing on www.UnisonMarketplace.com will start on the date this solicitation is posted and will end on 2019-05-17 17:00:00.0 Eastern Time or as otherwise displayed at www.UnisonMarketplace.com. FOB Destination shall be in the Place of Performance. The DHS Customs and Border Protection (CBP) requires the following items, Meet or Exceed, to the following: Base Period of Performance: 06/01/2019 - 05/31/2020 LI 001: Las Cruces I-10 Portable Toilet 2x Weekly - see SOW for requirements, 1, AU; LI 002: Las Cruces I-25 Portable Toilet 2x Weekly - see SOW for requirements, 1, EA; LI 003: Las Cruces Firing Range Portable Toilet 1x Weekly - see SOW for requirements, 1, EA; LI 004: NM State Tax, 1, EA; Option 1 Period of Performance: 06/01/2020 - 05/31/2021 LI 001: Las Cruces I-10 Portable Toilet 2x Weekly - see SOW for requirements, 1, AU; LI 002: Las Cruces I-25 Portable Toilet 2x Weekly - see SOW for requirements, 1, EA; LI 003: Las Cruces Firing Range Portable Toilet 1x Weekly - see SOW for requirements, 1, EA; LI 004: NM State Tax, 1, EA; Option 2 Period of Performance: 06/01/2021 - 05/31/2022 LI 001: Las Cruces I-10 Portable Toilet 2x Weekly - see SOW for requirements, 1, AU; LI 002: Las Cruces I-25 Portable Toilet 2x Weekly - see SOW for requirements, 1, EA; LI 003: Las Cruces Firing Range Portable Toilet 1x Weekly - see SOW for requirements, 1, EA; LI 004: NM State Tax, 1, EA; Option 3 Period of Performance: 06/01/2022 - 05/31/2023 LI 001: Las Cruces I-10 Portable Toilet 2x Weekly - see SOW for requirements, 1, AU; LI 002: Las Cruces I-25 Portable Toilet 2x Weekly - see SOW for requirements, 1, EA; LI 003: Las Cruces Firing Range Portable Toilet 1x Weekly - see SOW for requirements, 1, EA; LI 004: NM State Tax, 1, EA; Option 4 Period of Performance: 06/01/2023 - 05/31/2024 LI 001: Las Cruces I-10 Portable Toilet 2x Weekly - see SOW for requirements, 1, AU; LI 002: Las Cruces I-25 Portable Toilet 2x Weekly - see SOW for requirements, 1, EA; LI 003: Las Cruces Firing Range Portable Toilet 1x Weekly - see SOW for requirements, 1, EA; LI 004: NM State Tax, 1, EA; Solicitation and Buy Attachments ***Question Submission: Interested Offerers must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.UnisonMarketplace.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, DHS Customs and Border Protection (CBP) intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, Unison, Inc. Unison Marketplace has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. DHS Customs and Border Protection (CBP) is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerers that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.UnisonMarketplace.com. There is no cost to register, review procurement data or make a bid on www.UnisonMarketplace.com. Offerers that are not currently registered to use www.UnisonMarketplace.com should proceed to www.UnisonMarketplace.com to complete their free registration. Offerers that require special considerations or assistance may contact Marketplace Support at 1.877.933.3243 or via email at marketplacesupport@unisonglobal.com. Offerers may not artificially manipulate the price of a transaction on www.UnisonMarketplace.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.UnisonMarketplace.com process or to collude with the intent or effect of hampering the competitive www.UnisonMarketplace.com process. Should Offerers require additional clarification, notify the point of contact or Marketplace Support at 1.877.933.3243 or marketplacesupport@unisonglobal.com.Use of Unison Marketplace: Buyers and Sellers agree to conduct this transaction through Unison Marketplace in compliance with the Unison Marketplace Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. This solicitation requires registration with the System for Award Management (SAM) at the time an offer or quotation is submitted, excluding the exceptions outlined in FAR 4.1102(a). Registration information can be found at www.sam.gov. Unless the Buyer indicates otherwise within a particular line item description, each Seller shall include in its online Bid individual pricing for all required line items in order to be considered for award (i.e., Do not use the “Included in another line item” function when pricing each line item). If a line item cannot be separately priced, you must notify the buyer through the FedBid ‘Submit a Question’ feature regarding which line item(s) should be included in which other line item(s) and request reposting. Failure to comply with this term may result in the Bid being determined to be non-responsive. New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. No partial shipments are permitted unless specifically authorized at the time of award. Delivery must be made within 30 days or less after receipt of order (ARO). The offeror must provide within its offer the number of days - not to exceed 30 - required to make delivery after it receives a purchase order from the buyer. Unless otherwise noted. ORCA Requirement - Company must be registered on Online Representations and Certifications Application (ORCA) before an award could be made to them. If company is not registered with ORCA, they may do so by going to ORCA web site at https://orca.bpn.gov/ The selected Offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition; FAR 52.212-3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representations and certifications; 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): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at https://www.acquisition.gov/far/. 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): 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.225-13, 52.232-34. The full text of the referenced FAR clauses may be accessed electronically at http://www.acqnet.gov/far. Q&A -Please submit all questions by using the 'Submit a Question' button. This buy will then be reposted with Q&A based on the questions that come in (if applicable). Award Criteria-An award will be made to a responsive offeror (who submits all required submissions on time), whose past performance does not pose a risk to the Government, and whose offer is the Lowest Price Technically Acceptable (LPTA). An offer is technically acceptable if its technical capabilities conform to the Government's Statement of Work or listed specs whichever is applicable to the buy. In addition to providing pricing at www.FedBid.com for this solicitation, each Offeror must provide any required, NON-PRICING responses (e.g. technical proposal, representations and certifications, etc.) so that they are received no later than the closing date and time for this solicitation. Submissions can be sent to clientservices@fedbid.com. For Exact Match Services Buys Only- In order for a sellers bid to be 'responsive' and considered for award, the seller is REQUIRED to document exactly how they intend to meet the requirements of the SOW. They shall document statement detailing the service for evaluation. Failure to do this may be cause for termination. This information is REQUIRED in order for a sellers bid to be deemed 'responsive' and to be considered for award. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the Contractor effects any changes at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, or to modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer. Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services. U.S. Customs and Border Protection (CBP) personnel observe the following days as holidays: New Year's Day Labor Day Martin Luther King's Birthday Columbus Day Presidents' Day Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day Any other day designated by Federal statute, by Executive Order or by the President's proclamation. When any such day falls on a Saturday, the preceding Friday is observed. When any such day falls on a Sunday, the following Monday is observed. Observance of such days by Government personnel shall not be cause for an extension to the delivery schedule or period of performance or adjustment to the price, except as set forth in the contract. Except for designated around-theclock or emergency operations, contractor personnel will not be able to perform on site under this contract with CBP on holidays set forth above. The contractor will not charge any holiday as a direct charge to the contract. In the event Contractor personnel work during a holiday other than those above, no form of holiday or other premium compensation will be reimbursed as either a direct or indirect cost. However, this does not preclude reimbursement for authorized overtime work. In the event CBP grants administrative leave to its Government employees, at the site, on-site contractor personnel shall also be dismissed if the site is being closed. However, the Contractor shall continue to provide sufficient personnel to perform aroundtheclock requirements of critical efforts already in progress or scheduled and shall be guided by the instructions issued by the Contracting Officer or her/his duly appointed representative. In each instance when the site is closed to Contractor personnel as a result of inclement weather, potentially hazardous conditions, explosions, or other special circumstances; the Contractor will direct its staff as necessary to take actions such as reporting to its own site(s) or taking appropriate leave consistent with its policies. The cost of salaries and wages to the Contractor for the period of any such site closure are a reimbursable item of direct cost under the contract for employees whose regular time is normally a direct charge if they continue to perform contract work; otherwise, costs incurred because of site closure are reimbursable as indirect cost in accordance with the Contractor's established accounting policy. 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 within 30 days. (a) The Government may extend the term of this contract by written notice to the Contractor within 1 month; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 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 5 years and 6 months. The government intends to award a Firm Fixed Price purchase order. The period of performance of the purchase order shall be a one year base and four one year options. 1. The Government and the contractor agree and understand the services to be performed under this contract are non-personal in nature. The Contractor shall not perform any inherently Governmental functions under this contract as described in Office of Federal Procurement Policy Letter 92-1 2. The services to be performed under this contract do not require the Contractor or his employees to exercise personal judgment and discretion on behalf of the Government, but rather, the Contractor's employees will act and exercise personal judgment and discretion on behalf of the Contractor. 3. The parties also recognize and agree that no employer-employee relationship exists or will exist between the Government and the Contractor. The Contractor and the Contractor's employees are not employees of the Federal Government and are not eligible for entitlement and benefits given federal employees. Contractor personnel under this contract shall not: (a) Be placed in a position where there is an appearance that they are employed by the Government or are under the supervision, direction, or evaluation of any Government employee. All individual employee assignments any daily work direction shall be given by the applicable employee supervisor. (b) Hold him or herself out to be a Government employee, agent or representative or state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as such and specify the name of the company of which they work. (c) Be placed in a position of command, supervision, administration or control over Government personnel or personnel of other Government contractors, or become a part of the government organization. In all communications with other Government Contractors in connection with this contract, the Contractor employee shall state that they have no authority to change the contract in any way. If the other Contractor believes this communication to be direction to change their contract, they should notify the CO for that contract and not carry out the direction until a clarification has been issued by the CO. 4. If the Contractor believes any Government action or communication has been given that would create a personal service relationship between the Government and any Contractor employee, the Contractor shall promptly notify the CO of this communication or action. 5. Rules, regulations directives and requirements which are issued by U.S. Customs & Border Protection under their responsibility for good order, administration and security are applicable to all personnel who enter U.S. Customs & Border Protection installations or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract. Full text at https://www.acquisition.gov/browse/index/far Full text at https://www.acquisition.gov/browse/index/far Vendors shall provide two (2) past performance references. CBP is requesting the following information for each past performance reference provided: Agency Name, Point of Contact, Email, Phone No., and Description of Work/Project, Contract Number, and Dollar amount. Past performance references shall be provided at the time of bid submission or before the buy closes. Past performance references may be provided as an additional attachment. Failure to provide references will result in the bid being deemed non-responsive.