Inactive Total Small Business Set-Aside (FAR 19.5)

BLYTHE OFFICE-HAZARDOUS WASTE REMOVAL 140R3022Q0087 - Blythe Office - Hazardous Waste Removal Combined Synopsis/Solicitation (i) This is a combined synopsis/solicitation for commercial items prepared ... BLYTHE OFFICE-HAZARDOUS WASTE REMOVAL 140R3022Q0087 - Blythe Office - Hazardous Waste Removal Combined Synopsis/Solicitation (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) To facilitate electronic quote submissions through SAMbeta, a request for quote (RFQ No. 140R3022Q0087) is being issued to this combined solicitation/synopsis. Quoter is required to be registered at sam.gov at the time of offer submittal. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular number 2022-07, dated 08/10/2022. (iv) This requirement is a total small business set-aside. The North American Industry Classification System (NAICS) Code for this acquisition is: 562910, Remediation Services. The small business size standard for NAICS Code 562910 is $22 Million. (v) Line item 0001 - Hazard Waste Cleanup *Note: The Statement of Work provides more detailed information about the requirement and is attached to the RFQ. (vi) The Bureau of Reclamation - Lower Colorado Basin (BOR - LCB) has a requirement for a contractor to remove and dispose of all hazardous waste burnt shed materials to an EPA and state of California permitted Treatment Storage and Disposal Facility (TSDF). (vii) Reclamation anticipates awarding one firm-fixed price Contract as a result of this RFQ. Work shall begin on or about October 1, 2022. All work shall be completed by January 31, 2022. THE FOLLOWING CLAUSES AND PROVISIONS ARE APPLICABLE TO THIS COMMERCIAL ITEM ACQUISITION: (viii) FAR provision 52.212-1, Instructions to Offerors - Commercial Items (Nov 2021) (ix) FAR provision 52.212-2, Evaluation - Commercial products and Commercial Services (Nov 2021) (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, price and other factors considered. A comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3). The following items in each quote shall be used to evaluate offers (not in any particular order): -Relevant Experience -Past Performance -Price *See the provision ¿QUOTE INSTRUCTIONS¿ paragraph (b) for specific information. QUOTE INSTRUCTIONS -FULL TEXT: (a) A comparative evaluation will be performed in accordance with FAR 13.106-2(b)(3). The Government will conduct a direct comparison of one quote with another in order to determine which quote best provides the Government what it needs, as identified in this solicitation. The Government reserves the right the select a quote that provides benefit to the Government that exceeds the minimum, but is not required to do so. Quotes may exceed the requirements, but the Government is not requesting or accepting alternate quotes. Each quote must respond to the solicitation requirements. If only one quote is received, the quote will be evaluated for technical acceptance and price reasonableness will be determined. (b) Instructions. ~1. Relevant Experience - Vendors must demonstrate a sufficient amount of experience in performing work that is similar in nature and complexity to the work described within this requirement. To facilitate evaluation of this, vendors are requested to submit: 1) a minimum of three examples of work they have performed in the last 5 years that are similar in nature to the scope and complexity of the work described within this requirement. ~2. Past Performance - Vendors must demonstrate satisfactory or better past performance in successfully performing work that is similar in nature and complexity to the work described within this requirement. To facilitate evaluation of this, the vendor shall provide: 1) the name and current telephone number of a minimum of three companies they have performed this work for within the last 5 years. These may be the same projects that were provided under Experience. ~3. Price - Vendors shall complete and submit: 1) a quote on company letterhead. Note that by submission of a quote, the Vendor is certifying that they have the capability to perform the requirements of the Hazardous Waste Removal 2) Applicable Wage Determination - The Wage Determination included in this RFQ is only applicable for contractors in the Riverside County, CA. (x) FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services (May 2022) Offerors are advised to include with their offer, a completed copy of the provision 52.212-03, or indicate completion of the provision online. Offerors may complete the annual representations and certifications online at https://www.sam.gov/. (xi) FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items. (Nov 2021) (xii) FAR clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (May 2022) The following additional FAR clauses cited in this clause are applicable to the acquisition and are within clause 52.212-5: 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) 52.204-7, System for Award Management (Oct 2018) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-13, System for Award Management Maintenance (Oct 2018) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) (31 U.S.C. 6101 note). 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-01) (Jul 2019) (a) Definition. Small business concern, as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. (b) Applicability. This clause applies only to: (1) Contracts that have been totally set aside or reserved for small business concerns; and (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2) Any award resulting from this solicitation will be made to a small business concern. (d) Agreement. (1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold and the requirements of paragraphs (d)(1)(i) through (iii) of this clause have not been waived by SBA in accordance with 13 CFR 121.1204, a small business concern that provides an end item it did not manufacture, process, or produce, shall¿ (i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas; (ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and (iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery. (2) Paragraph (d)(1) of this clause does not apply to construction or service contracts. (End of clause) 52.219-14 Limitations on Subcontracting (DEVIATION 2019-01) (Jul 2019) (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Definition. As used in this clause "Similarly situated entity" means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award, and that is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set aside or sole source award under the HUBZone Program. (c) Applicability. This clause applies only to: (1) Contracts that have been set aside or reserved any of the small business concerns identified in 19.000(a)(3); (2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3); (3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; and (4) Orders set aside for any of the small business concerns identified in 19.000(a)(3) under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (d) Independent contractors. An independent contractor shall be considered a subcontractor. (e) Agreement. By submission of an offer and execution of a contract, the Offeror/Contractor agrees in performance of the contract in the case of a contract for¿ (1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded; (2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or (4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly CAAC Letter 2019-01 Limitations on Subcontracting for Small Business Concerns Attachment 1 6 situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded. (f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants. (End of clause) 52.219-28, Post Award Small Business Program Representation (Sep 2021) 52.222-3, Convict Labor (June 2003) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) 52.222-26, Equal Opportunity (Sept 2016) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-50, Combating Trafficking in Persons (Nov 2021) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) 52.222-41, Service Contract Labor Standards (Aug 2018) - WAGE DETERMINATION NO. 2015-5629, REVISION NO. 19, DATE OF REVISION 07/26/2022 (see Attachment 2 - Wage Determination). ***Note: The Wage Determination included in this RFQ is only applicable for contractors in Riverside County, California. If your company is located in another location, please provide the applicable wage determination with your quote by visiting the following website: https://beta.sam.gov/search?index=wd*** 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ¿ Environmental Protection Specialist; FV-0028-H; MONETARY WAGE - $31.23/hr; FRINGE BENEFITS - 19%, includes paid health insurance premiums, retirement benefits, vacation pay, and sick leave pay. 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) 52.222-55, Minimum Wages Under Executive Order 14026 (Jan 2022) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (xiii) Additional contract requirements include the following clauses and provisions: 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.223-4 Recovered Material Certification (May 2008) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.242-15 Stop-Work Order (Aug 1989) 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.252-5 Authorized Deviations in Provisions (Nov 2020) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Department of the Interior Acquisition Regulation (48 CFR Chapter 14) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) 1452.215-71 Use and Disclosure of Proposal Information-Department of the Interior (Apr 1984) (a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below: (1) 'Trade Secret' means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities. (2) 'Confidential commercial or financial information' means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information contained in proposals include exemption (4), which covers 'commercial and financial information obtained from a person and privileged or confidential,' and exemption (9), which covers 'geological and geophysical information, including maps, concerning wells.' (b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend: 'The information specifically identified on pages _______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the Government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract. c The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend: 'This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal.' (d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction. (e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of Information Act, the offeror will be notified of this determination prior to disclosure of the information. (f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error. (End of provision) DOI-AAAP-0028 Electronic Invoicing and Payment Requirements-Invoice Processing Platform (IPP) (Apr 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). 'Payment request' means any request for contract financing payment or invoicing payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: NONE. (*See Note) _______________________ *NOTE: The Contractor shall also submit an electronic copy of the IPP invoice to the Contract Specialist, Larissa Bell at lrbell@usbr.gov once the invoice has been submitted to IPP. Failure to email the invoice may cause significant delay or possible rejection of your payment request. The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3-5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org 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 with its proposal or quotation. (End of Local Clause) WBR 1452.223-80 Asbestos-Free Warranty -- Bureau of Reclamation (Aug 2021) (a) The Contractor warrants that all items delivered, or work required by the contract, shall be free of asbestos in any form whatsoever. (b) The Contractor may request the Contracting Officer to approve an exception to this prohibition when an asbestos-free product is not available. Such requests shall be fully documented and submitted as soon as possible after the contractor determines that an asbestos-free product is not available. (End of clause) WBR 1452.223-81 Safety and Health -- Bureau of Reclamation (AUG 2021) (a) The Contractor shall not require any person employed in the performance of this contract (including subcontracts) to work under conditions which are unsanitary, hazardous, or dangerous to the employee's health or safety. (b) Contractor shall comply with the most current version of the Bureau of Reclamation Reclamation Safety and Health Standards (RSHS) and, if applicable, the requirements of the Accident Prevention Clause (FAR 52.236-13 ). The RSHS manual shall be obtained at http://www.usbr.gov/ssle/safety/RSHS/rshs.html (c) Comply with the standards issued by the Secretary of Labor at 29 CFR Part 1926 and 29 CFR Part 1910 from the Occupational Safety and Health Administration, U.S. Department of Labor, www.osha.gov. (d) In the event there is a conflict between the requirements contained in paragraphs (b) and (c) referenced herein, the more stringent requirement shall prevail. (e) The Contractor shall submit a written proposed safety program as prescribed in the RSHS and the written specifications. (f) The Contractor shall maintain an accurate record of, and shall report to the Contracting Officer (or authorized representative) in the manner prescribed by the Contracting Officer, all cases of death, occupational diseases, or traumatic injury to employees or the public involved, and property damage in accordance with the RSHS and OSHA guidelines. (g) The rights and remedies of the Government provided in this clause are in addition to any other rights and remedies provided by law or under this contract. (h) If the RSHS is updated or amended by Reclamation during the course of this contract, the contractor will be notified in writing. The contractor shall comply with the current RSHS immediately upon written notification. Should the contractor feel that the updated version of RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request an equitable adjustment in the contract price. Any such requests shall include a price proposal submitted in compliance with Contract Clause WBR 1452.243-80, Modification Proposals - Bureau of Reclamation, and in sufficient detail to allow meaningful analysis of labor, equipment and material. (End of clause) (xiv) Not Applicable (xv) All questions shall be submitted via email to lrbell@usbr.gov no later than September 9, 2022 by 12:00 P.M. (noon), PST. Quotes are due on September 14, 2022 by 12:00 P.M. (noon), PST. Responsible offerors are requested to submit a quote for this requirement. Quotes shall be submitted electronically through SAM.gov or via email to lrbell@usbr.gov. (xvi) The Point of Contact for this solicitation is Ms. Larissa Bell. She may be reached via e-mail at lrbell@usbr.gov, or by phone at 702-293-8528.