Inactive Total Small Business Set-Aside (FAR 19.5)

Amendment #3 Amendment #3 is executed in order to remove conflicting information regarding the solicitation closure date and time. The correct Solicitation Closing Date/Time is as follows: September 2... Amendment #3 Amendment #3 is executed in order to remove conflicting information regarding the solicitation closure date and time. The correct Solicitation Closing Date/Time is as follows: September 20, 2019 / 5:00pm ET. Question and Answer deadline remains unchanged: September 19, 2019 / 5:00pm ET. All other terms and conditions pursuant to this solicitation remain unchanged. .........................End of Amendment #3.............................. Amendment #2 Amendment #2 is executed in order to address question(s) submitted by prospective offeror(s). The Q&A document at Attachment 8 has been updated accordingly. All other terms and conditions pursuant to this solicitation remain unchanged. .........................End of Amendment #2.............................. Amendment #1 Amendment #1 is executed in order to address question(s) submitted by prospective offeror(s). A Q&A document has been provided at Attachment 8 to this solicitation. All other terms and conditions pursuant to this solicitation remain unchanged. .........................End of Amendment #1.............................. CBP / USBP-Tucson Sector requires the following: USBP seeks a contractor that can provide and install shower units and waters heaters at three (3) separate Border Patrol Stations (BPS) within the Tucson Sector: Douglas BPS, Brian A. Terry BPS, and Ajo BPS. The contractor shall provide all qualified and licensed labor, supervision, equipment, and supplies ensuring proper installation of the shower units and water heaters. This is a combined synopsis/solicitation for commercial supplies/services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and an additional written solicitation will not be issued. The Government is contemplating award of a Firm-Fixed Price (FFP) contracting instrument that will not include option periods. Solicitation number is 20114371-Showers-USBP and is issued as a Request for Proposal (RFP). This competitive solicitation utilizes a Total Small Business (SB) set-aside; any qualified SB entities may submit proposals. Associated North American Industrial Classification System (NAICS) code for this procurement is 238220 - Plumbing, Heating, and Air-Conditioning Contractors. The Small Business size standard for this NAICS is $16.5 million or less. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-05. PROPOSAL SUBMISSION INSTRUCTIONS Submissions must clearly indicate what is being provided as part of the offeror's proposal. Submit all proposals to Micky Hallman, Contract Specialist, at the following email address: MICKY.L.HALLMAN@cbp.dhs.gov. Only email submission(s) shall be accepted. Subject line of email(s) shall read: RFP# 20114371-Showers-USBP -- Purchase & Installation of Shower Units / Water Heaters - CBP / USBP-Tucson. NOTE: Due to restrictions on the size of email, ensure that all emails submitted are less than 25MB. If the proposal exceeds 25MB, please separate the submission into multiple emails and include in the subject line the solicitation number and the numbers of emails (using a "X of Y" format). Any electronic submission determined to contain a virus will be deleted and not viewed or accepted for consideration under this solicitation Proposals MUST be good for 60 calendar days after close of competition. All documentation supporting offeror's proposal submission (e.g., pricing, non-pricing, etc.) must be received no later than September 20, 2019 / 5:00pm Eastern Time, to be considered for award. Time of receipt shall be determined by the government's email receipt time. It is the prospective offeror's responsibility to ensure this is done according to the restrictions / limitations identified within this solicitation. Minimum submission requirements are as follows: 1. Cover Page (or comparable) providing prospective offeror's Business / POC information and DUNS#. 2. Technical (Non-Price - Factor 1) - No more than three (3) pages (single-sided). Describe technical specifications, etc. so as to fully address the requirements outlined in Sections 5 thru 7 of the SOW. 3. Past Performance (Non-Price - Factor 2) - No more than three (3) pages (single-sided). Provide a completed copy of the Statement of Work (SOW) - Appendix B - Contractor References Document; available at Attachment 3 of this solicitation package. 4. Price (Factor 3) - Provide a completed copy of the SOW - Appendix A - Pricing Matrix; available at Attachment 2 of this solicitation package. EVALUATION CRITERIA FOR AWARD 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014) Proposals that do not respond to all requirements in the solicitation may be rejected without further evaluation, deliberation, or discussion. The Government may reject any proposal that is evaluated to be significantly not compliant with the solicitation requirements, or reflects a failure to comprehend the complexity and risks of the work to be performed. The Government reserves the right to award without discussions with Offerors. (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 and whose offer is the Lowest Priced Technically Acceptable (LPTA). Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-price factors. The quote with the lowest evaluated price will be evaluated for technical acceptability. Only if that quote is found to be technically unacceptable will the evaluation proceed to the quote with the next lowest evaluated price. This process will continue until the lowest priced technically acceptable quote is found. The following factors shall be used to evaluate technical acceptability of the lowest priced offeror: 1. TECHNICAL AND MANAGEMENT APPROACH (non-price) The Offeror must meet the requirements of the Statement of Work (SOW). 2. PAST PERFORMANCE (non-price) Offerors will be evaluated on their recent (within the past 3 years) performance of relevant requirements as described in the SOW. Offerors should provide three (3) references for the same or similar work performed for Federal, State, and local government and private clients. An Offeror may also provide information on problems encountered on the identified projects and the offer's corrective actions. The Government will consider this information, as well as information obtained from any other sources, when evaluating the offeror's past performance. An offeror will not be evaluated favorably or unfavorably on past performance if the offeror has no record of relevant past performance or for whom information on past performance is not available. 3. PRICE A comparison of proposal pricing received in response to the solicitation will be made in order to make a determination of fair and reasonable pricing in accordance with the Firm Fixed Price nature of this acquisition action. (b) Options. N/A. (c) 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. The Government reserves the right to award without discussions with Offerors. (End of provision/clause) Estimated period of performance is as follows: PoP (45 days): September 30, 2019 - November 14, 2019. Primary Requisitioning Office: U.S. Customs and Border Protection U.S. Border Patrol, Tucson Sector 2430 S. Swan Rd Tucson, AZ 85711 Submission of Questions: Offerors must submit any questions concerning the solicitation at their earliest convenience, but no later than September 19, 2019 / 5:00pm Eastern Time, to enable the customer to respond appropriately. Questions must be submitted directly to the Primary Point of Contact identified for the solicitation. Questions not received prior to close of the solicitation may not be considered. Pursuant to applicable regulations and guidelines, this solicitation requires prospective offeror's to be fully registered within the System for Award Management (SAM) prior to submission of any proposal. Registration information can be found at www.sam.gov. Provisions / Clauses applicable to this solicitation/resulting contract are as follows: Federal Acquisition Regulation (FAR) Provisions / Clauses 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far (End of provision/clause) 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 full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/browse/index/far (End of provision/clause) 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018) 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016) 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017) 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019) 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015) 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 52.212-1 Instructions to Offerors - Commercial Items (Oct 2018) 52.212-4 Contract Terms and Conditions - Commercial Items (OCT 2018) 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014) 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 52.225-4 BUY AMERICAN-FREE TRADE AGREEMENTS-ISRAELI TRADE ACT CERTIFICATE (MAY 2014) 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS (AUG 2018) 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 52.233-1 DISPUTES (MAY 2014) 52.243-1 CHANGES-FIXED PRICE (AUG 1987) 52.212-3 Offeror Representations and Certifications - Commercial Items (OCT 2018) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision. (End of provision/clause) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders Commercial Items (JAN 2019) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) [x] 52.204.23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) [X] 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019) [X] 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2017) [x] 52.233-3 PROTEST AFTER AWARD (AUG 1996) [x] 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) (b) The Contractor shall comply with the FAR clauses in this paragraph (b), that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] [X] 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) [X] 52.219-28 Post Award Small Business Program Representation (Jul 2013) [X] 52.222-3 Convict Labor (June 2003) [X] 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Jan 2018) [X] 52.222-21 Prohibition of Segregated Facilities (Apr 2015) [X] 52.222-26 Equal Opportunity (Sept 2016) [X] 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) [X] 52.222-50 Combating Trafficking in Persons (Jan 2019) [X] 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) [X] 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) [X] 52.225-3 BUY AMERICAN-FREE TRADE AGREEMENTS-ISRAELI TRADE ACT (MAY 2014) (ALT I) [X] 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) [X] 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] [X] 52.222-41 Service Contract Labor Standards (Aug 2018) [X] 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) [X] 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) [X] 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) 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 (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246). (ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C.4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793). (xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C.4212) (xii) 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. (xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627). (xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 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. (2) 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. (End of provision/clause) Customs and Border Protection (CBP) Provisions and Clauses G.4 CONTRACTING OFFICER'S AUTHORITY (MAR 2003) 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. (End of provision/clause) G.5 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP) (JAN 2016) In accordance with, ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS - INVOICE PROCESSING PLATFORM (IPP) (JAN 2016), payment requests for all new awards must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). The Contractor must use IPP for contracts and orders awarded April 11, 2016 or later. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.fms.treas.gov. Under this contracting Instrument, the following documents are required to be submitted as an attachment to the IPP: - Complete, accurate and printable invoice - Appropriate billing support documents Contractor assistance with IPP enrollment can be obtained by contacting www.IPPCustomerSupport@fms.treas.gov or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer. (End of provision/clause) GOVERNMENT CONSENT OF PUBLICATION/ENDORSEMENT (MAR 2003) 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. (End of provision/clause) H.13 DISCLOSURE OF INFORMATION (MAR 2003) a. General Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the contract. b. Technical Data Rights The Contractor shall not use, disclose, reproduce, or otherwise divulge or transfuse to any persons any technical information or data licensed for use by the Government that bears any type of restrictive or proprietary legend except as may be necessary in the performance of the contract. Refer to the Rights in Data clause for additional information. c. Privacy Act In performance of this contract the Contractor assumes the responsibility for protection of the confidentiality of all Government records and/or protected data provided for performance under the contract and shall ensure that (a) all work performed by any subcontractor is subject to the disclosure restrictions set forth above and (b) all subcontract work be performed under the supervision of the Contractor or their employees. (End of provision/clause) Contracting Office Address: U.S Customs and Border Protection Border Enforcement Contracting Division - Pacific Operations Enforcement Branch 4760 N Oracle Rd, Suite 100 Tucson, AZ 85705