Amendment 0001

This Amendment is to post question and answers by interested vendors.

No other changes at this time and the solicitation close date remains unchanged.

This is a combined synopsis/solicitation for commercial items/services prepared in accordance with the format in Federal Acquisition Regulation Subpart 12, as a supplemented with additional information included in this notice. This is for a single award, using Indefinite Quantity Indefinite Delivery (IDIQ) instrument as a base plus four, 12-month option years for Tire Disposal Services from Defense Logistics Agency Disposition Services Guam. The required services is per the attached Performance Work Statement (PWS), including delivery timeframes. This procurement is a 100% Small Business Set-Aside in accordance with FAR Part 19 with a North American Industry Classification System (NAICS) code of 562219 with an applicable threshold of $41.5M. The following clauses will be included in the award: 52.212-4, Contract Terms and Conditions Commercial Item; FAR 52.212-5, Contract Terms and Conditions required to implement statues or Executive Orders Commercial Items. Offeror must submit Representations and Certifications (FAR 52.212-3). IF an offer has completed annual representations and certifications electronically the offer shall complete only paragraph (b) of this provision. Click on first fill in clause web address and fill out the form. Copies of the FAR/DFAR clauses can be found on the internet at www.acquisition.gov. Quotes are to be received no later than 12:00 P.M. Eastern Standard time on May 8th 2020 via email only to the designated Contracting Officer.

See Attachments 01 – 02 for the Bid Schedule and PWS. 

All contractor performance shall be in a safe manner, and in compliance with all applicable Federal, state and local laws and regulations, and all installation policies.  Any/all required documentation and service related requirements including installation access are the responsibility of the contractor, with coordination as necessary with the site POCs or COR.  Deliveries must be performed during normal installation work hours which are available from the above POCs or COR, excluding Federal holidays.

1. The provision at FAR 52.212-1 (Instructions to Offerors -- Commercial) applies to this procurement.
2. The provision at FAR 52.212-2 (Evaluation -- Commercial Items) applies to this procurement (with evaluation consisting of award to the responsible contractor on the basis of the lowest evaluated price, including all options, meeting or exceeding the acceptability standards for non-cost factors (past performance – acceptable).  The following non-cost factors will be used to evaluate offers: past performance on a pass/fail basis.

C.  In accordance with FAR 52.212-3 (Offerors Representations and Certifications -- Commercial Items) the contractor shall ensure that the contractor has completed the annual representations and certifications on SAM.gov.

D.  FAR 52.212-4 (Contract Terms and Conditions -- Commercial Items) applies to this procurement.

E.  FAR 52.212-5 (Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items) applies to this procurement.

52.222-50, Combatting Trafficking in Persons (Jan 2019);

52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006);

52.204-10, Reporting Executive Compensation and First - Tier Subcontract Awards (Oct 2018);

52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019)

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (Oct 2015);

52.209-10, Reporting Executive Compensation and First Tier Subcontract Awards (Nov 2015);

52.219- 6, Notice of HUBZone Set-Aside or Sole Source Award (Nov 2011);

52.222-3, Convict Labor (June 2003);

52.222-19, Child Labor - Cooperation with Authorities and Remedies (Jan 2018);

52.222-21, Prohibition of Segregated Facilities (Apr 2015);

52.222-26, Equal Opportunity (Sep 2016);

52.222-35, Equal Opportunity for Veterans (Oct 2015);

52.222-36, Affirmative Action for Handicapped Workers (Jul 2014);

52.222-37, Employment Reports on Veterans (Feb 2016);

52.222-41, Service Contract Act of 1965 (NOV 2007)

52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989)

52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (SEP 2009)

52.223-18, Encouraging Contractor Policy to Ban Text Messages While Driving (Aug 2011);

52.232-33, Payment by Electronic Fund Transfer-Central Contractor Registration (Oct 2018);

The following additional FAR clauses apply to this procurement:

52.203-3, Gratuities (Apr 1984)

52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011)

52.204-19 – Incorporation by Reference of Representations and Certifications

52.216-19, Order Limitations (A minimum order amount of (any) one hour of an hourly service CLIN and any one mobilization charge, and a maximum order of 400% of the initial order’s requirements, with the full text of this clause to be included in the anticipated bilateral IDIQ)

52.216-31   Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition

52.217-09, Option to Extend the Term of the Contract (fill-ins are 7 calendar day notice provided there is a 14 calendar preliminary notice, with overall contract duration maximum of 3 years)

52.232-17, Interest (Oct 2010)

52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013)

52.233-3 -- Protest After Award

52.233-4 -- Applicable Law for Breach of Contract Claim

52.237-2 - Protection of Government Buildings, Equipment, and Vegetation (Apr 1984)

52.242-13, Bankruptcy (Jul 1995)

52.247-34, FOB Destination

The following DFARS clauses apply to this procurement:

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

252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

252.204-7012  Safeguarding of Unclassified Controlled Technical Information (Nov 2013)

52.204-9000    Contractor Personnel Security Requirements (Aug 2014) (DLAD Clause)

252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country (Jan 2009)

252.211-7003, Item Unique Identification and Valuation

252.216-7006, Ordering (fill-in is through each 12-month period, subject to option exercise(s))

252.225-7048, Export-Controlled Items (Jun 2013)

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Dec 2018)

252.232-7006, Wide Area WorkFlow Payment Instructions (May 2013) (By reference, full text provided in bilateral award)

252.243-7001, Pricing of Contract Modifications (Dec 1991)

252.243-7002, Requests for Equitable Adjustment

252.244-7000, Subcontracts for Commercial Items (Jun 2013)

Note that a Reverse Auction under this action is possible per applicable DLA coverage, with that coverage/instructions to  be provided if a Reverse Auction is utilized.  Firm’s submitting proposals under this action agree to participate in the Reverse Auction if it occurs and acknowledge it as a possible negotiation tool being used by the Government under this action, though note that this does not mean firms are required to lower their submitted prices if they choose not to.

INSTRUCTIONS TO OFFERORS:

Submit quotes by email to [email protected] no later than 8 May 2020, at 12:00 P.M. Eastern Time. Questions shall be submitted ONLY to [email protected] no later than 12:00 P.M. Eastern Time on 4 May 2020. Phone calls will not be answered and will be directed to submit via email. In the event questions are received, a solicitation amendment will be posted to distribute the answers prior to the closing date of the solicitation.  The Government is not responsible for answering questions received after this deadline.

Attention should be noted to FAR 52.212-1(f), concerning late submissions.  The offeror bears the risk of non- receipt of any email transmissions, and should ensure that all pages of the quote have been received by the designated office before the deadline indicated.  Email submissions by 5:00 pm one business day prior to the due date and time are encouraged to reduce the possibility of server or other cyber-related delays that may render your response as ineligible for consideration. Quotes are to include:  

1. The bid schedule is attached and responding firms are required to complete and return the bid schedule(s) for the base period and both option periods.  Firms are required to submit on all line items, this acquisition is not permitting multiple awards.
2. A detailed plan IAW the PWS of the recycling/disposal location(s) and detailed locations of the tires.
   1. Failure to provide a detailed recycling/disposal plan will result in a non-technical assessment.

3)  Past Performance Submission (each of the following points must be met to pass the past performance evaluation):

• Submittal of at least one but not more than three relevant past performance reference projects, complete with customer reference point(s) of contact with current and accurate email addresses and phone numbers.

To be relevant, the actions must include:

• Removal of tires within the past two years on at least one site within the past two years in that region.

• The services performed in the reference project(s) territory were successfully performed at the same time, i.e. demonstrate that services within the PWS timeframes can occur at more than one service location simultaneously.  “Successfully performed” for purposes of this evaluation means rated satisfactory or better by the reference, per inquiry/survey by the Government as applicable, including if the reference project description meets the criteria in this past performance submission section.

• Reasonable evidence that the firm still has the resources to perform such a requirement, e.g. their resources including service territory coverage for their reference project(s) are the same as they propose to utilize for the contract award(s) they are pursuing under this action, or other evidence supporting the resources/territory coverage are currently available. 

• Note that incorrect and/or outdated reference contact information may render the reference not eligible for consideration and the past performance submittal not eligible to pass the pass/fail past performance evaluation, therefore the proposal may be ineligible for award(s).

3) Offerors shall provide the applicable CAGE code and DUNS number with their bid submission. The information located in FAR 52.212-3 (Offerors Representations and Certifications) must be current on SAM.gov at the time of quote submission.

EVALUATION:

Quotations will be evaluated on a Lowest-Priced Past-Performance-Acceptable basis.  Award will be made to firm that offers the lowest total cost to the Government for the entire requirement (inclusive of options) after a pass/fail evaluation of the contractors’ provided past performance submittal.

Service Contract Act applies to this solicitation/acquisition. All applicable Wage Determinations for all of Defense Logistics Agency Disposition Services site locations can be found https://beta.sam.gov/help/wage-determinations for the contractor to adhere to.