Trash Pick-up and Removal Services for Hoover Dam - Option Year - Approved Justification for Other Than Full and Open Competition (JOTFOC), FAR 6.305(a)
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140R3024Q0105 - Trash Pick-up and Disposal Services for Hoover Dam - Option Year Combined Synopsis/Solicitation (i) This is a combined synopsis/solicitation for commercial services prepared in accorda... 140R3024Q0105 - Trash Pick-up and Disposal Services for Hoover Dam - Option Year Combined Synopsis/Solicitation (i) This is a combined synopsis/solicitation for commercial services 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; proposals are being requested and a written solicitation will not be issued. (ii) To facilitate electronic quote submissions through SAM.gov Contract Opportunities, a request for quote (RFQ No. 140R3024Q0105) is being issued subsequent to this combined synopsis/solicitation. (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular number 2024-06. (iv) This is being advertised as a noncompetitive Sole Source Solicitation. However, any responsible source may submit a response which, if received in a timely manner, will be considered and reviewed by this agency. The North American Industry Classification System (NAICS) Code for this acquisition is: 562111 Solid Waste Removal. The small business size standard for NAICS 562111 is $47.0 Million. (v) Line item 0001 - 12 Months, Trash Pick-up Services at Hoover Dam, Base Year. The Performance Work Statement (PWS) provides more detailed information about the requirement and is attached to the RFQ. Line item 0002 - 12 Months, Trash Pick-up Services at Hoover Dam (Option Year 1). The PWS provides more detailed information about the requirement and is attached to the RFQ. Line item 0003 - 12 Months, Trash Pick-up Services at Hoover Dam (Option Year 2). The PWS provides more detailed information about the requirement and is attached to the RFQ. Line item 0004 - 12 Months, Trash Pick-up Services at Hoover Dam (Option Year 3). The PWS provides more detailed information about the requirement and is attached to the RFQ. Line item 0005 - 12 Months, Trash Pick-up Services at Hoover Dam (Option Year 4). The PWS provides more detailed information about the requirement and is attached to the RFQ. Line item 0005A - 6 months, Trash Pick-up Services at Hoover Dam (Optional 6 month extension). *See clause 52.219-8. If FAR 52.217-8 is exercised, the prices for this line will be calculated based on the prorated term and prices that are in effect at the time the option is exercised. The PWS provides more detailed information about the requirement and is attached to the RFQ. (vi) The Bureau of Reclamation, Lower Colorado Basin, Lower Colorado Dams Office, Hoover Dam, has a requirement for refuse collection (trash and recycling pick-up and disposal). The contractor will provide all materials, equipment, transportation, and labor necessary to collect refuse in accordance with stated pick-up schedule, and disposal of same, at a state licensed sanitary landfill located outside the boundaries of the Hoover Dam. (vii) Work shall begin on or about October 1, 2024. All work shall be completed by September 30, 2029, if all option years are exercised, and by March 31, 2030 if all optional lines are exercised. Work shall be completed at Hoover Dam, in Boulder City, NV. THE FOLLOWING CLAUSES AND PROVISIONS ARE APPLICABLE TO THIS COMMERCIAL ITEM ACQUISITION: (viii) FAR provision 52.212-1, Instructions to Offerors - Commercial Products and Commercial Services. (ix) Determination of award will be based on a responsive quote from a responsible offeror, at a fair and reasonable price. (x) FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services. Offerors must complete the annual representations and certifications online at https://www.sam.gov (xi) FAR clause 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services. (xii) FAR clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services. The following additional FAR clauses cited in this clause are applicable to the acquisition: 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), Alternate I (Nov 2021) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) 52.204-14, Service Contract Reporting Requirements (Oct 2016) 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) 52.209-6, Protecting the Government¿s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Nov 2021) 52.219-8, Utilization of Small Business Concerns (Feb 2024) 52.219-28, Post Award Small Business Program Representation (Feb 2024) 52.222-3, Convict Labor (Jun 2003) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) 52.222-26, Equal Opportunity (Sep 2016) 52.222-35, Equal Opportunity for Veterans (Jun 2020) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) 52.222-37, Employment Reports on Veterans (Jun 2020) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) 52.222-50, Combating Trafficking in Persons (Nov 2021) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.222-41, Service Contract Labor Standards (Aug 2018) - Attachment 3 - WAGE DETERMINATION 2015-5593, REVISION 26, DATE OF REVISION 07/22/2024 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) - LABORER; WG 3502-03; MONETARY WAGE - $17.83/hr; FRINGE BENEFITS - 19%, includes paid health insurance premiums, retirement benefits, vacation pay and sick leave pay. This Statement is for Information Only: It is not a Wage Determination 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 for Contractor Workers Under Executive Order 14026 (Jan 2022) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (xiii) Additional contract requirements include the following FAR, DIAR and RAR clauses and provisions: 52.252-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 52.242-15, STOP-WORK ORDER (AUG 1989) 52.217-8, OPTION TO EXTEND SERVICES (NOV 1999)* 52.217-9, OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 52.252-6, AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020) DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011) DOI-AAAP-0028 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS-INVOICE PROCESSING PLATFORM (IPP) (FEB 2021) DOI-AAAP-0050 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (DEC 2015) [RAR clauses/provisions are listed below and are in full text.] WBR 1452.201-80 CONTRACTING OFFICER¿S REPRESENTATIVE¿S AUTHORITIES AND LIMITATIONS -- BUREAU OF RECLAMATION (MAY 2018) (a) Performance of the work under this contract shall be subject to the technical direction of the Reclamation Contracting Officer's Representative (COR). The term "technical direction" is defined to include, without limitation: (1) Inspecting and accepting or rejecting work performed under the contract. (2) Representing the Government in technical phases of the work. The COR is responsible for the technical administration of the contract and will provide instructions and interpretations to the Contractor on all technical matters relating to the contract. The COR will supervise or oversee all Government technical and administrative personnel assigned to assist the COR. (3) Reviewing and, where required by the contract, approving submittals of technical data, shop drawings, samples, literature, plans, or other data required to be delivered by the Contractor to the Government. (b) The Contractor will receive a copy of the written COR designation from the Contracting Officer. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer. (c) Technical direction must be within the scope of work stated in the contract. Only the Contracting Officer is authorized to determine if a change is within the scope of the contract; therefore, the COR does not have the authority to, and may not, issue any technical direction that - (1) Constitutes a direction of additional work outside the Contract requirements; (2) Constitutes a change as defined in the contract clause entitled "Changes;" (3) In any manner causes an increase or decrease in the total contract cost, or the time required for contract performance; (4) Changes any of the expressed terms, conditions or specifications of the contract; or (5) Interferes with the Contractor's right to perform the terms and conditions of the contract. (d) All technical direction shall be issued in writing by the COR. (e) The Contractor must proceed promptly with the performance of technical direction duly issued by the COR in the manner prescribed by this clause and within its authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR falls within one of the categories defined in (c)(1) through (c)(5) of this clause, the Contractor must not proceed and must notify the Contracting Officer in writing within five (5) working days after receipt of any such instruction or direction and must request the Contracting Officer to modify the contract accordingly. Upon receiving the notification from the Contractor, the Contracting Officer must - (1) Advise the Contractor in writing after receipt of the Contractor's letter that the technical direction is within the scope of the contract effort and does not constitute a change under the Changes clause of the contract; or (2) Advise the Contractor that the Government will issue a written change order. (f) A failure of the Contractor and Contracting Officer either to agree that the technical direction is within the scope of the contract or to agree upon the contract action to be taken with respect to the technical direction will be subject to the provisions of the clause entitled "Disputes." WBR 1452.223-81 SAFETY AND HEALTH -- BUREAU OF RECLAMATION (OCT 2022) (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 an employee's health or safety. (b) Contractor shall comply with the most current version of the Bureau of Reclamation's Reclamation Safety and Health Standards (RSHS) and, if incorporated, 52.236-13 Accident Prevention. The RSHS manual shall be obtained at: http://www.usbr.gov/safety/rshs/index.html (c) Comply with the standards (29 CFR) issued by the Occupational Safety and Health Administration (OSHA), 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, or in the Statement of Work (SOW) or Performance Work Statement (PWS), the more stringent requirement shall prevail. (e) If required in the SOW or PWS, 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) If the contractor deems that an updated version of the RSHS constitutes a substantive change to the contract, affecting price or time (or both), the contractor may request a contract modification in accordance with the terms of the contract. WBR 1452.237-80 SECURITY REQUIREMENTS -- BUREAU OF RECLAMATION (MAR 2022) (a) General Security Requirements: (1) This clause addresses security requirements, including general procedural requirements, information security requirements, contractor employee suitability requirements, identification card requirements, site security requirements, vessel exclusion barriers, and information technology security requirements. Within this clause, COR means Contracting Officer's Representative. If there is no COR appointed and identified to the Contractor, the term instead will mean the Program Manager or any other authorized individual responsible for technical oversight under the contract. "Work site" means the Government facility, office, construction site, and any other area within the Government office or facility that the Contractor must access to accomplish work under this contract. (2) The work performed under this contract shall only be accomplished by individuals (in the employment of the Contractor or any subcontractors) whose conduct and behavior is consistent with the efficiency of the Federal Service and the requirements of this contract, and who are acceptable to the contracting officer. If Reclamation finds a Contractor employee to be unsuitable or unfit for his or her assigned duties, the contracting officer will direct the Contractor to remove the individual from the contract and access to the Federal facility at which the contract activities are occurring. (3) The Contractor's employees governed by this contract may need access to sensitive information and/or sensitive areas. The Federal Government (Government) reserves the right, in its sole discretion, to determine suitability of Contractor personnel and deny access to any sensitive information or project specific area to any personnel for any cause. (4) The Contractor is responsible for informing and ensuring compliance by its employees with any applicable security procedures of the Government facility where work may be performed under this contract. (5) Any Contractor employee that will have access to a Federally-controlled facility or information system will be required to have a Government-issued identification card, consisting of a Personal Identity Verification (PIV) Card, a temporary identification card, or a visitor badge. (Note: within the Department of the Interior this card is known as a DOI Access Card.) During performance of the contract, the Contractor shall keep the COR apprised of any changes in personnel, or changes in personnel access or duration, to ensure that performance is not delayed by compliance with credentialing processes. (6) A Contractor employee will not be provided access to a Government facility or information system until a Government PIV Card, temporary identification card, or visitor identification badge has been issued to the Contractor employee. For those individuals that will be receiving a PIV Card, the Government may, at its discretion, issue a temporary identification card or visitor identification badge after the electronic background investigation forms have been received and the investigation is initiated. (7) All Contractor employees shall access the facility via the facility's entry screening system and visibly display the Government-issued PIV Card, temporary identification card, or visitor identification badge at all times. Contractor employees must visibly wear the Government-issued identification card at all times they are on Government facilities. Contractor employees are responsible for the safekeeping of all Government-issued identification cards, whether on-site or off-site. Cards that have been lost, damaged, or stolen must be reported to the COR and DOI Access Sponsor immediately, but not later than within 24 hours. The Contractor shall return all identification cards and card keys and any other Government property and information upon completion of performance or when personnel depart permanently or for a period of 7 days or more. The Contractor may be required to turn in access control cards or identification cards on a daily basis. (8) Misuse or loss of access control or identification cards, or failure to comply with required surrender of such cards may, at Government discretion, result in Contractor personnel being denied access to the work site, at no cost to Government. The Contractor may be charged up to $500 for each occurrence for any required replacement of Government-issued access control or identification cards due to loss or misuse. At the end of contract performance, or when a Contractor employee is no longer working under this contract, the Contractor shall ensure that all access control and identification cards are returned to the COR. (9) All Contractor personnel, including subcontractor personnel, with access to the work site shall be U.S. citizens or foreign individuals legally residing in, or legally admitted to, the U.S. For all non-U.S. citizens working under this contract, irrespective of length of time working on the contract, the Contractor shall provide to the COR, legible and valid copies of the individual's passport and visa (unless individual is on the Visa Waiver Program) a minimum of 14 calendar days prior to beginning work or arriving at the facility. A driver's license is not acceptable identification. In addition, a completed form I-94 shall be submitted to the COR upon the individual's arrival at the work facility and prior to beginning work. (10) The Contractor shall report all contacts with entities, individuals, and counsel/representatives (including foreign entities and foreign nationals) who seek in any way to obtain unauthorized access to sensitive information or areas. The Contractor shall report any violations of contract provisions, laws, executive orders, regulations, and guidance to the contracting officer. The Contractor shall report any information raising a doubt as to whether an individual's eligibility for continued employment or access to sensitive information is consistent with the interests of National Security and the Public Trust. (11) Unsanctioned, negligent, or willful inappropriate action on the part of the Contractor (or its employees) may result in termination of the contract or removal of some Contractor employees from Reclamation facilities at no cost to the Government. These actions include, but are not limited to, exploration of a sensitive system and/or information, introduction of unauthorized and/or malicious software, inappropriate release of sensitive information, or failure to follow prescribed access control policies and/or security procedures. Failure to comply with Reclamation policies, procedures, or other published security requirements may result in termination of the contract or removal of some contracted employees from Reclamation buildings and/or facilities at no cost to the Government. (12) All provisions of this clause shall equally apply to all subcontractors. The Contractor shall incorporate the substance of this clause in all subcontracts. (13) These security requirements apply to all sections of this Contract including Contract Drawings and other Contract Specifications as applicable. Related documents include other general provisions of Construction or Operations and Maintenance type Contracts, including FAR clauses by reference or as amended by related documents. (b) Information Security Requirements. (1) Sensitive Information. The term ¿sensitive information¿ means any information which warrants a degree of protection and administrative control as defined by Reclamation or that meets the criteria for exemption from public disclosure set forth under Sections 552 and 552a of Title 5, United States Code: the Freedom of Information Act and the Privacy Act. Sensitive information is generally categorized as CONTROLLED UNCLASSIFIED INFORMATION (CUI), but in some cases may include other unclassified information. (The protection of National Security information is beyond the scope of this clause. If any work on National Security information is required under this contract, it is addressed under other contract clauses.) The Contractor shall protect this type of information from unauthorized release into public domain, or to unauthorized persons, organizations, or subcontractors. Information which, either alone or in aggregate, is deemed sensitive by Reclamation shall be handled and protected in accordance with Reclamation Directives and Standards SLE 02-01 Identifying and Safeguarding Controlled Unclassified Information (CUI), which is available from the COR or at http://www.usbr.gov/recman/DandS.html#sle. (i) Any Government-furnished information or material does not become the property of the Contractor and may be withdrawn at any time. Upon expiration or termination of the contract, all documents released to the Contractor and any material created using data from such documents shall be returned to the COR for final disposition. Government- furnished information residing on any electronic systems (laptops, servers, desktops, media) shall be deleted from those systems using a COR-approved data erasure solution. Only with prior authorization from the contracting officer may the Contractor retain the material. The Contractor or subcontractor shall not disclose or release the materials provided to the Contractor to any individuals of the Contractor's organization not directly engaged in providing services under the contract or that do not have a valid need-to- know. All technical data provided to the Contractor by the Government shall be protected from public or private disclosure in accordance with the markings printed on them. All other information relating to the items to be delivered or the services to be performed under this contract shall not be disclosed by any means without prior approval of the contracting officer. Prohibited dissemination or disclosure includes, but is not limited to: permitting access to such information by foreign nationals or by immigrant aliens who may be employed by the Contractor, publication of technical or scientific papers, advertising, disclosure to Contractor staff not investigated and deemed acceptable at the appropriate information sensitivity level, and any other public release. The Contractor shall maintain, and furnish upon request of the contracting officer, records of the names of individuals who have access to sensitive material in its custody and the sensitive material to which the individuals had access. All questions regarding information security, access, and control shall be referred to the COR. (ii) The Contractor shall not release to anyone outside the Contractor's organization any sensitive, or otherwise protected information, regardless of medium in which it is contained (for example, film, tape, document, electronic), pertaining to any part of this contract or any Reclamation program or activity, unless the contracting officer has given prior written approval. This includes, but is not limited to, news releases, marketing promotions, articles, interviews, reports, social media posts, and any other media releases. Requests for approval shall identify the specific information to be released, the medium to be used, the purpose for the release, and a description of the need-to-know. The Contractor shall submit its request to the contracting officer ten business days before the proposed date for release. Subcontractors shall submit requests for authorization to release through the prime Contractor to the contracting officer. (iii) The Contractor shall notify the COR immediately when known or suspected loss/compromise of sensitive information or other documents, notes, drawings, sketches, reports, photographs, exposed film or similar information which may affect the security interests of Government has occurred. This requirement extends to employees and other personnel working on behalf of the Contractor, and expands responsibility to include prompt reporting of security issues, including observed or subsequently discovered efforts by unauthorized persons to gain unauthorized access to sensitive information. (2) Classified Information. (i) The disclosure of U.S. Government documents by third parties can result in damage to our national security. While this contract may not deal directly with classified information, each contractor is obligated to protect classified information pursuant to all applicable laws and to use Government information technology systems in accordance with agency procedures so that the integrity of such systems is not compromised. (ii) Unauthorized disclosures of classified documents (whether in print, on a blog, or on websites, or other electronic or non-electronic media) do not alter the documents' classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by Federal employees and contractors, until it is declassified by an appropriate U.S. Government authority. Executive Order 13526, Classified National Security Information (December 29, 2009), Section 1.1.(c) states, "Classified Information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information." Although the Department has taken steps to prevent access to publicly disclosed classified materials from Departmental computers, it is important to understand our continuing duties and responsibilities in this regard. (iii) Contractors (which include all employees of the contractor, as well as subcontractors and its employees performing work for the contractor) are reminded of the following obligations with respect to the treatment of classified information and the use of unclassified government information technology systems: (iv) The contractor shall not, while using unclassified Government computers or other devices (such as phones or tablets) access documents that are marked classified (including classified documents made publicly available by a third party), as doing so risks that material still classified will be placed onto unclassified systems. This requirement does not restrict contractor access to unclassified, publicly available news reports (and other unclassified material) that may in turn discuss classified material, as distinguished from access to underlying documents that themselves are marked classified (including if the underlying classified documents are available on public web sites or otherwise in the public domain). (v) For contracts that require access to classified information, the contractor is responsible for obtaining the required national security clearance through the Department of the Defense National Industrial Security Program Operating Manual (NISPOM). Any classified contracts will be coordinated through the Reclamation Chief Security Officer, or for IT requirements, the Bureau Chief Information Security Officer. No contractor shall access classified information unless proper clearances have been obtained and transmitted to Reclamation. For further information, refer to 443 DM 1 or DOD NISPOM 5220.22-M dated February 28, 2006 (incorporating change 2 dated May 18, 2016). (vi) Classified information shall not be removed from official premises. (vii) Classified information shall not be disclosed without proper authorization. (c) - (f) Reserved (xiv) This section is not applicable to this solicitation. (xv) All questions shall be submitted via email to jkent@usbr.gov no later than September 11, 2024, 12:00 PM, local time. Offers are due September 13, 2024 at 12:00 PM, local time. Responsible offerors are requested to submit a quote for this requirement. Offers shall be submitted via email to jkent@usbr.gov. (xvi) The Point of Contact for this solicitation is Mrs. Jennalyn Kent and may be reached via e-mail at jkent@usbr.gov.
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