Concrete Debris Removal BPA
(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR, Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
(ii) This solicitation FA2517-18-Q-5003 is being issued as a Request for Quote (RFQ) for Concrete Debris Removal Services at Peterson AFB, CO in accordance with Attachment 1, Performance Work Statement (PWS) dated 26 July 2017.
The Government intends to solicit and establish a single or multiple Blanket Purchase Agreement (BPA). The period of performance is expected to be five years, from 1 November 2017 through 31 October 2022.
(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-95 effective 19 Jan 2017.
(iv) This effort is being procured as a total small business set-aside. The North American Industrial Classification System (NAICS) code is 562119, Other Waste Collection and the size standard is $38.5M in revenue. A single or a multiple Blanket Purchase Agreement will be established as a result of evaluation of quotes received.
(v) Prospective Contractor quotes shall utilize the Attachment 3, Contractor Submittal Form when preparing quotes. Quotes should be sufficiently detailed to demonstrate reasonableness.
(vi) The following commercial service is requested in this solicitation:
CLIN 0001 - Concrete Debris Removal Services at Peterson AFB, CO, Qty: 1 Lot
The Contractor shall provide non-personal services for all management, tools, supplies, equipment, labor and applicable licenses and permits necessary to ensure that debris removal and disposal services and diversion methods are performed at Peterson AFB, Colorado in a manner that will restore a neat and professional appearance of base areas and will comply with government regulations and commercial standards for concrete debris removal as required in the PWS.
(vii) The period of performance is five years. The anticipated start date is 1 November 2017. Place of performance is Peterson AFB, Colorado. All deliverables are FOB destination.
(viii) Provision FAR 52.212-1 -- INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (JAN 2017), applies to this acquisition.
Addendum to FAR 52.212-1:
a. The offeror shall provide a Technical Proposal sufficient to determine the ability to meet the entire PWS requirement. Unless the contractor takes exemption to the PWS, it will be considered technically acceptable.
b. The offeror shall fill out and submit Attachment 3, Contractor Submittal Form.
ix) Provision FAR 52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014), applies to this solicitation.
The Offeror's quote will be evaluated, using one or more of the techniques defined in FAR 13.106-3 in order to determine if it is fair and reasonable. Quotes will be evaluated based on lowest price technically acceptable.
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(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.
(b) 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.
(End of provision)
Addendum to FAR 52.212-2
EVALUATION-COMMERCIAL ITEMS
The following additions are included:
1. The Government intends to establish a single or multiple BPA. The following factors shall be used to evaluate offers:
Factor 1: Technical Acceptability
Technical acceptability will be evaluated and rated as Acceptable or Unacceptable.
(a) Technically Acceptable is defined the quote that clearly meets the minimun requirements of the solicitation.
(b) Technically Unacceptable is defined the quote that does not clearly meets the minimun requirements of the solicitation.
Factor 2: Price
Price will be evaluated to determine price fair and reasonable using one or more of the techniques IAW FAR Part 13.106-3. Quotes should be sufficiently detailed to demonstrate reasonableness.
2. Award Process: The Government will first rank all quotes from lowest to highest price. The lowest priced quote will then be evaluated for its technical acceptability. If the lowest priced quote is technically acceptable, the evaluation process stops. The lowest priced offeror who is technically acceptable will receive the award. The award will be made to that offeror without further considerations. The BPA will be established with that offeror without further consideration of any other offerors.
(x) Provision FAR 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS -- COMMERCIAL ITEMS, is applicable to this acquisition. Ensure all Representations and Certifications are updated in SAM.
(xi) CLAUSE AT 52.212-4, CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS, applies to this acquisition.
(xii) CLAUSE 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (DEVIATION).
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 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.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) __X__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O. 13627).
(xiii) 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.)
(xiv) 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)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 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.
(xxi) 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 Clause)
(xiii) The following provisions and clauses apply to this acquisition. All provisions and clause references are found either in the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS) or Air Force Federal Acquisition Regulation Supplement (AFFARS), and may be viewed on https://www.acquisition.gov. These applicable provisions and clauses will be incorporated either by reference or in full text and made part of the BPA upon award.
The following provisions apply:
52.204-7
52.204-16 System for Award Management
Commercial and Government Entity Code Reporting OCT 2016
JUL 2016
52.204-20 Predecessor of Offeror JUL 2016
The following in-text provisions apply:
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from
21st Contracting Squadron
135 Dover Street, Suite 2225
Peterson AFB, Colorado 80914-1055
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
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):
http://farsite.hill.af.mil/vffara.htm
(End of provision)
The following clauses apply:
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment OCT 2015
52.219-6 Notice of Total Small Business Set-Aside JUN 2003
52.219-14 Limitations On Subcontracting JAN 2017
52.219-28 Post Award Small Business Program Representation JUL 2013
52.222-3 Convict Labor JUN 2003
52.222-21 Prohibition of Segregated Facilities APR 2015
52.222-43 Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts) MAY 2014
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts MAY 2008
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.232-18 Availability Of Funds APR 1984
52.232-33 Payment by Electronic Funds Transfer JUN 2013
52.232-33 Providing Accelerated Payment to Small Business Subcontractors DEC 2013
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation APR 1984
52.242-15 Stop Work Order AUG 1989
52.246-4 Inspection Of Services--Fixed Price AUG 1996
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls OCT 2016
252.204-7011 Alternative Line Item Structure SEP 2011
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016
252.219-7011 Notification to Delay Performance JUN 1998
252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7012 Preference For Certain Domestic Commodities DEC 2016
252.225-7048 Export-Controlled Items JUN 2013
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns SEP 2004
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.232-7006 Wide Area Workflow Payment Instructions MAY 2013
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel JUN 2013
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013
The following in text clauses apply:
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the
provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
Employee Class Monetary Wage -- Fringe Benefits
23470 - LABORER WG-2
$10.74
(End of 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):
http://farsite.hill.af.mil/vffara.htm
(End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
5352.201-9101 OMBUDSMAN (JUN 2016)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, AFICA/KS, 150 Vandenberg St, STE 1105, Peterson AFB, CO 80914, phone 719-554-5300, Fax 719-554-5299, email afica.ks.wf@us.af.mil.
Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.
5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODSs) (NOV 2012)
(a) Contractors shall not:
(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or
(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.
[Note: This prohibition does not apply to manufacturing.]
(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:
(1) Halons: 1011, 1202, 1211, 1301, and 2402;
(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and
(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.
[NOTE: Material that uses one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a Class I ODS.]
5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)
(a) In performing work under this contract on a Government installation, the contractor shall:
(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and
(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.
(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.
(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.
(End of clause)
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (Nov 2012)
(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.
(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, name of employee, the last four of the employee's social security number and their date of birth.
The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver's license, current vehicle registration, and valid vehicle insurance certificate to obtain a vehicle pass. Additional security requirements are addressed in the Performance Work Statement.
(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.
(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Air Force Installation Security Program , AFI 31-501, Personnel Security Program Management, and the Performance Work Statement as applicable.
(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.
(f) Failure to comply with these requirements may result in withholding of final payment.
(xiv) The Defense Priorities and Allocations System (DPAS) and assigned rating do not apply.
(xv) Submit any questions regarding this RFQ to SSgt Jemimah Estrella at jemimah.estrella.1@us.af.mil and Hilary Swanson at hilary.swanson@us.af.mil no later than 1:00 PM MST, Tuesday, 17 October 2017.
(xvi) Quotes are due via e-mail no later than 2:00 PM, MST Tuesday, 24 October 2017. Please submit your quote to SSgt Jemimah Estrella at jemimah.estrella.1@us.af.mil and Hilary Swanson at hilary.swanson@us.af.mil.
ATTACHMENTS:
1. Performance Work Statement Rev 1 dated 26 July 2017
2. BPA Terms and Conditions
3. Contractor Submittal Form
4. Wage Determination 2015-5417 (Rev 7) dated 25 July 2017
Jemimah Estrella, Contract Specialist, Phone 719-556-0135, Fax 719-556-4752, Email jemimah.estrella.1@us.af.mil - HILARY SWANSON, CONTRACTING OFFICER, Phone 719-556-4999, Email hilary.swanson@us.af.mil
