Inactive Total Small Business Set-Aside (FAR 19.5)

Note 1: This acquisition is being conducted as a simplified acquisition pursuant to the authority of Federal Acquisition Regulation (FAR) Subpart 13.5. Note 2: In accordance with FAR 4.1102 quoters ar... Note 1: This acquisition is being conducted as a simplified acquisition pursuant to the authority of Federal Acquisition Regulation (FAR) Subpart 13.5. Note 2: In accordance with FAR 4.1102 quoters are required to be registered in SAM at the time an offer or quotation is submitted. (i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. (ii) The solicitation number is 70T05020Q7NNFO002. The solicitation is issued as a request for quotation (RFQ). (iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-04. (iv) This acquisition is a total set aside for small business The associated NAICS code is 713990 with a small business size standard of $7.5M. (v) List of line item numbers and items, quantities, and units of measure: 00001 Base Period Firing Range Services (March 12, 2020- March 11, 2021) 640 hours 10001 Option Year 1 Firing Range Services (March 12, 2021- March 11, 2022) 640 hours 20001 Option Year 2 Firing Range Services (March 12, 2022- March 11, 2023) 640 hours 30001 Option Year 3 Firing Range Services (March 12, 2023- March 11, 2024) 640 hours 40001 Option Year 4 Firing Range Services (March 12, 2024- March 11, 2025) 640 hours (vi) Description of requirements for the items to be acquired: Use/rental of an existing/established firing range. See attached Statement of Work for specific requirements for an acceptable firing range. (vii) Delivery, acceptance, and FOB point are at the contractor's facility. (viii) The provision at 52.212-1, Instructions to Offerors -- Commercial applies to this acquisition. There are no addenda to the provision. (ix) Contact Delisa Corbett for information regarding the solicitation. All quotes must be submitted via email to Ms. Delisa Corbett at Delisa.Corbett@tsa.dhs.gov no later than March 6, 2020 at 12:00 pm Eastern Standard Time. (x) This is not a rated Defense Priorities and Allocations System (DPAS) order. (xi) The provision at 52.212-2, Evaluation -- Commercial Items does not apply to the solicitation. The evaluation procedures to be used are as follows: Award will be made using the lowest price technically acceptable (LPTA) selection process. Award may be made on initial quotations. Therefore, each initial quote should contain the quoter's best terms from a technical and price standpoint. However, the Government reserves the right to contact quoters if it is later determined by the contracting officer to be necessary or in the government's best interests. The range must comply with applicable, local, state and federal regulations, including but not limited to, lead exposure. Vendor MUST submit its most recent certification of lead exposure testing and/or its most current OSHA compliance certificate/letter and air sample for lead with submission of proposal. Failure to submit will result in an incomplete proposal. If an award is granted and OSHA standards are not in accordance with regulation, the government has the unilateral right to terminate contract for cause at any time via written signed modification. The LPTA process will proceed as follows: 1) Quotes may be removed from consideration for, but not limited to, the following reasons: • Quotes that are not received timely • Quotes that fail to follow the instructions in FAR Provision 52.212-1 • Quotes that fail to submit ALL required documentation/provisions • Quotes that have language inconsistent with the terms and conditions set forth in the solicitation 2) Quotes will be ordered by price from lowest to highest. 3) The Government will then review Factor 1 of the lowest priced quote. If the review finds that Factor 1 of the lowest priced quote is acceptable, the Government will then evaluate Factor 2 of the lowest priced quote. If the review finds that Factor 2 of the lowest priced quote is acceptable, that quote represents the best value to the Government and the technical evaluation process stops at this point. Contingent upon a subsequent determination of price reasonableness and of contractor responsibility by the Contracting Officer, an award will be made to that quoter without further consideration of any other quoters. If the lowest quote is determined not to be acceptable for any reason, then the next lowest priced quote will receive an evaluation as described above. The process will continue in order by price until a quote from a responsible contractor is determined to be acceptable and priced fairly and reasonably. 4) USING THIS PROCEDURE, THE GOVERNMENT MAY NOT EVALUATE ALL QUOTES. (e) Each Factor will be evaluated as follows: Factor 1. Technical Acceptability Technical Acceptability will be rated on an "acceptable" or "unacceptable" basis as follows: Acceptable - The quoted range meets all technical criterion stated in the Statement of Work. Unacceptable - The quoted range does not meet all technical criterion stated in the Statement of Work. Factor 2. Past Performance Past performance will be rated on an "acceptable" or "unacceptable" basis as follows: Acceptable - Based on the quoter's performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter's performance record is unknown. (See note below.) Unacceptable - Based on the quoter's performance record, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort. Note: In the case of a quoter without a record of relevant past performance, or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, "unknown" shall be considered "acceptable." Note: Quoters are not required or requested to submit past performance references. The Government will use public and Government-restricted sources (e.g. CPARS) to evaluate past performance. Factor 3. Price Price will not be rated. Price analysis will be conducted to determine reasonableness. (xii) Quoters are required to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items with its quote. Quoters shall complete only paragraph (b) of this provision if they have completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Quoter has not completed the annual representations and certifications electronically, it shall complete only paragraphs (c) through (q) of this provision. (xiii) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items applies to this acquisition. There are no addenda and a statement regarding any addenda to the clause. (xiv) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes Or Executive Orders -- Commercial Items applies to this acquisition. The following FAR clauses cited in the clause are applicable to the acquisition: From Paragraph (b) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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 (Oct 2015) (31 U.S.C. 6101 note) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644) 52.219-8 Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)) 52.219-14 Limitations on Subcontracting (Jan 2017) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). 52.222-3 Convict Labor (JUNE 2003) 52.222-21 Prohibition of Segregated Facilities (APR 2015) 52.222-26 Equal Opportunity (Sep 2016) (E.O. 11246) 52.222-35 Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). 52.222-36 Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). 52.222-37 Employment Reports on Veterans (FEB 2016) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). 52.222-50 Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). 52.222-54 Employment Eligibility Verification (Oct 2015). (E.O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513) 52.225-13 Restriction on Certain Foreign Purchases (JUN 2008) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332) (xv) The following additional contract requirements or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices are included as follows: 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.209-10 Prohibition On Contracting with Inverted Domestic Corporations (Nov 2015) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) FAR 52.217-9 Option to Extend the Term 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 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 five years. (End of Clause) Homeland Security Acquisition Regulation (HSAR) 3052.205-70 Advertisements, Publicizing Awards, And Releases (SEP 2012) The Contractor shall not refer to this contract in commercial advertising or similar promotions 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 clause) TSA Term G.5200.242.003 SUBMISSION OF INVOICES (JUL 2015) (a) Background: The Transportation Security Administration (TSA) partners with the United States Coast Guard Finance Center for financial services in support of TSA operations, including the payment of contractor invoices. Therefore, all contractor invoices must be submitted to, and will be paid by, the U.S. Coast Guard Finance Center (FinCen). (b) Invoice Submission Method: Invoices may be submitted via facsimile, U.S. Mail, or email. Contractors shall utilize ONLY ONE method per invoice submission. The submission information for each of the methods is as follows in order of preference: 1) Facsimile number is: 757-413-7314 The facsimile number listed above shall be used by contractors for ORIGINAL invoice submission only. If facsimile submission is utilized, contractors shall not submit hard copies of invoices via the U.S. mail. It is the responsibility of the contractor to verify that invoices are received, regardless of the method of submission used. Contractors may inquire regarding the receipt of invoices by contacting the U.S. Coast Guard Finance Center via the methods listed in subparagraph (d) of this clause. 2) Address / Contact Information United States Coast Guard Finance Center TSA Commercial Invoices P.O. Box 4111 Chesapeake, VA 23327-4111 (FIN-SMB-TSAInvoices@uscg.mil or www.fincen.uscg.mil ) (c) Invoice Process: Upon receipt of contractor invoices, FinCen will electronically route invoices to the appropriate TSA Contracting Officer's Representative and/or Contracting Officer for review and approval. Upon approval, the TSA will electronically route the invoices back to FinCen. Upon receipt of certified invoices from an Authorized Certifying Official, FinCen will initiate payment of the invoices. Note for discounts offered: Discounts on invoices. If desired, the Contractor should offer discounts directly upon the invoice submitted, clearly specifying the terms of the discount. Contractors can structure discounted amounts for payment for any time period less than the usual thirty-day payment period specified under Prompt Payment requirements; however, the Contractor should not structure terms for payment of net amounts invoiced any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract. Discounts offered after invoice submission. If the Contractor should wish to offer a discount on a specific invoice after its submission for payment, the Contractor should submit a letter to the Finance Center identifying the specific invoice for which a discount is offered and specify the exact terms of the discount offered and what time period the Government should make payment by in order to receive the discount. The Contractor should clearly indicate the contract number, invoice number and date, and the specific terms of the discount offered. Contractors should not structure terms for net amount payments any sooner than the standard period required under FAR Subpart 32.9 regarding prompt payments for the specified deliverables under contract. (d) Payment Status: Contractors may inquire on the payment status of an invoice by any of the following means: (1) Via the internet: https://www.fincen.uscg.mil Contacting the FinCen Customer Service Section via telephone at 1-800-564-5504 or (757) 523-6940 (Voice Option #1). The hours of operation for the Customer Service line are 8:00 AM to 5:00 PM Eastern Time, Monday through Friday. However, the Customer Service line has a voice-mail feature that is available 24 hours per day, 7 days per week. (2) Via the Payment Inquiry Form: https://www.fincen.uscg.mil/secure/payment.htm (e) Invoice Elements: Invoices will automatically be rejected if the information required in subparagraph (a)(2) of the Prompt Payment Clause, contained in this Section of the Contract, including EFT banking information, Taxpayer Identification Number (TIN), and DUNS number are not included in the invoice. All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation. The Contractor shall work with the Government to mutually refine the format, content and method of delivery for all invoice submissions during the performance of the Contract. (f) Supplemental Invoice Documentation: Contractors shall submit all supplemental invoice documentation (e.g. copies of subcontractor invoices, travel vouchers, etc.) necessary to approve an invoice along with the original invoice. The Contractor invoice must contain the information stated in the Prompt Payment Clause in order to be received and processed by FinCen. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer, or the Contracting Officer's Representative. Note for "time-and-material" type contracts: The Contractor must submit the following statement with each invoice for labor hours invoiced under a "time-and-materials" type contract, order, or contract line item: "The Contractor hereby certifies in accordance with paragraph (c) of FAR 52.232-7, that each labor hour has been performed by an employee (prime or subcontractor) who meets the contract's specified requirements for the labor category invoiced." (g) Additional Invoice Preparation Instructions for Software Development and/or Hardware. The Contractor shall clearly include a separate breakdown (by CLIN) for any software development activities (labor costs, subcontractor costs, etc.) in accordance with Federal Accounting Standards Advisory Board Statement of Federal Financial Accounting Standards Number 10 (Preliminary design costs, Development costs and post implementation costs) and cite payment terms. The contractor shall provide make and model descriptions as well as serial numbers for purchases of hardware and software (where applicable.) (h) Frequency of Invoice Submission. Invoices shall be submitted no more than monthly, in arrears. (End of clause) TSA Term G. 5200.243.001 CONTRACTING OFFICER (CO) (JUL 2015) The Contracting Officer is the only person authorized to make any changes, approve any changes in the requirements of this contract, issue orders, obligate funds and authorize the expenditure of funds, and notwithstanding any term contained elsewhere in this contract, such authority remains vested solely in the Contracting Officer. (For further information, the Contracting Officer is a federal government employee who is specifically authorized and appointed in writing under specified agency procedures and granted the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.) In the event, the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The following Primary Contracting Officer is assigned to this contract. Alternate Contracting Officers may be assigned: TSA Contracting Officer: NAME: Kevin Newton PHONE NUMBER: 202.631.3110 EMAIL: kevin.newton@tsa.dhs.gov (End of clause) H.5200.205.001 PUBLICITY AND DISSEMINATION OF CONTRACT INFORMATION (OCTOBER 2017) The Contractor shall not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the award and/or performance of this contract without the prior written consent of the Contracting Officer. The Contractor shall submit any request for public release at least ten (10) business days in advance of the planned release. Under no circumstances shall the Contractor release any requested submittal prior to TSA approval. Any material proposed to be published or distributed shall be submitted via email to the Contracting Officer. The Contracting Officer will follow the procedures in Management Directives 1700.3 and 1700.4. The Administrator retains the authority to deny publication authorization. Any conditions on the approval for release will be clearly described. Notice of disapproval will be accompanied by an explanation of the basis or bases for disapproval. (End of term) L. 5200.233.001 AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103 (JUL 2018) In the event of receipt of the Contracting Officer’s final decision of an agency-level protest in accordance with Federal Acquisition Regulation 33.103, the offeror is hereby advised that an appeal process is available from within the agency. The Assistant Administrator of the Contracting and Procurement in the Transportation Security Administration is the independent appeal authority. All appeals must be submitted in writing and signed by a company official who is authorized to commit the company and contain the same elements required in FAR 33.103(d) as well as an explanation of the Contracting Officer’s decision (and copy of such decision). Appeals must be sent either in writing or via email to Transportation Security Administration, ATTN: APPEAL OF AGENCY PROTEST, Contracting and Procurement, 601 S. 12th Street, Arlington, VA 20598-6025 , or via email to TSAProcurementPolicy@tsa.dhs.gov. The subject line for the email should clearly indicate “APPEAL OF AGENCY PROTEST”. (End of term) 52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) (a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that- (1) It ?is, ?is not an inverted domestic corporation; and (2) It ?is, ?is not a subsidiary of an inverted domestic corporation. (End of provision) Statement of Work Firing Range Services – Reston, VA The Transportation Security Administration (TSA) has a requirement to utilize an existing firearms range to conduct mandatory quarterly qualifications and other firearms training. The range shall be within 25 driving miles of 1900 Oracle Way Reston, Virginia. The range must comply with applicable local, state and federal regulations, including but not limited to, lead exposure. Vendor SHALL submit its most recent certification of lead exposure testing and/or its most current Occupational Safety and Health Administration (OSHA) compliance certificate/letter and air sample for lead with submission of quote. Failure to submit will result in an incomplete quote making the quote ineligible for award. If an award is granted and OSHA standards are not in accordance with regulation, the government has the unilateral right to terminate the contract for cause at any time via written signed modification. The following OSHA programs are applicable: Lead: • 29 Code of Federal Regulations (CFR) 1910.1000, Air contaminants http://www.gpo.gov/fdsys/pkg/CFR-2014-title29-vol6/pdf/CFR-2014-title29-vol6- sec1910-1000.pdf • 29 CFR 1910.1025 http://www.access.gpo.gov/nara/cfr/waisidx_10/29cfr1910a_10.html Signs and tags: Section 1910.145 https://www.osha.gov/Reduction_Act/TAGS-SUP.html The proposed range must meet the following standards to qualify for consideration: • Live-fire training facility for training and certifying personnel in the use of handguns, shotguns, rifles up to 5.56mm. • TSA will have priority of use. • Range must possess a minimum of 12 firing positions with distinct shooting positions for the 1.5, 3, 7, 15 and 25-yard lines. • The range must possess target carriers to hold the targets or remote controlled turning targets compatible to fit various target sizes. • Weapons cleaning area will be covered overhead • Weapons cleaning area will be large enough to accommodate cleaning tables/benches and cleaning materials. • Firing lines will be marked so it is apparent to shooters. • If the range has an earthen backstop, sufficient distance will be maintained between the closest firing line and the earthen backstop to reduce the possibility of back spatter and ricochets. • Disposal of contaminants produced by the muzzle and ejection port of weapon will be the responsibility of the contracted range. • Personnel will not be exposed to airborne contaminants above permissible limits in accordance with 29 CFR 1910.1000, Air contaminants, Table Z-1. • Emergency egress paths will not require travel downrange from the primary firing line. • Emergency egress plans and fire protection will be in compliance with local, state, and federal regulations. • Signal for cellular phone service must be adequate or if signal cannot be obtained landline must be installed for emergency calling. • Warning signs will be in accordance with OSHA standard section 1910.145. • Roads and parking will be accessible by passenger vehicle, light or medium trucks, and vans. • Parking lot will be able to accommodate a minimum of 25 vehicles and in compliance with Americans with Disabilities Act (ADA) accessible parking spaces table. • Discharge of storm water runoff and drainage must meet requirements of federal, state, and local laws. • The range must have male/female washroom/restroom facilities with running water. • Electrical outlets and wiring will meet applicable federal, state, and local codes. • The range rules cannot disallow movement between firing points or restrict movement oriented firearms training by students (i.e. standing to kneeling transitions.). • The range should have storage available for one quarter's supply of targets and secure storage for one quarter's supply of ammunition, and four sets of simulated aircraft seats • The range shall provide a classroom in conjunction with the range. • It is estimated that TSA personnel will use the range 640 hours per year of the contract. This is generally expected to be accomplished by using the range 80 days a year in 8 hour increments. The purpose of this contract is to accommodate any TSA training needs for the Headquarters staff, which can vary over time due to accessions, retirements, turnover, etc. As such, all quantities are estimates. If TSA requires hours that exceed these estimates, they are within the scope of the contract; however, under no circumstance shall the contractor exceed the contracted number of hours. Any addition of hours will be through the execution of a written contract modification. ---END OF 70T05020Q7NNFO002---