36C25018Q9647-000.docx

FedBizOpps Sources Sought Notice

CLASSIFICATION CODE

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SOLICITATION NUMBER

RESPONSE DATE (MM-DD-YYYY)

ARCHIVE

DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS

SET-ASIDE

NAICS CODE

CONTRACTING OFFICE

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(POC Information Automatically Filled from User Profile Unless Entered)

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See Attachment

AGENCY'S URL

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AGENCY CONTACT'S EMAIL

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ADDITIONAL INFORMATION

GENERAL INFORMATION

PLACE OF PERFORMANCE

* = Required Field FedBizOpps Sources Sought Notice Rev. March 2010 S SDVOSB Sources Sought Columbus OH Solid Waste (repost of 36C25019Q0004 to correct formatting errors from special characters, identical requirement) 45219 36C25018Q9647 08-13-2018 N 562111 Department of Veterans Affairs Network Contracting Office (NCO) 10 260 E. University Avenue Cincinnati OH 45219 Michael Groneman Michael.Groneman@va.gov Chalmers P. Wylie Ambulatory Care Center 420 N. James Road, Columbus OH 43219

USA

Michael.Groneman@va.gov Michael.Groneman@va.gov This is not a solicitation announcement. This is a source sought notice. The purpose of this is to gain knowledge of potential qualified SDVOSB sources relative to NACIS 562111 (size standard of 500 employees). Responses to this will be used by the Government to make appropriate acquisition decisions. Responses to this source sought notice are not considered adequate responses any future potential solicitation announcement.

The Columbus VA Medical Center is seeking sources to perform general waste removal and single stream recycling services. An estimate of the amount of waste to be removed is approximately fifteen (15) cubic yard dumpster for solid waste [five times per week] and two (2) eight (8) cubic yard front load containers for [two days per week] single stream recycling. At Chalmers P. Wylie Ambulatory Care Center (420 N. James Road, Columbus, OH 43219).

In additional to answering the below questions, and respondents are also requested to provide their capability statement, and three (3) customer references for similar service. Additionally, request provide company name, address, point of contact.

Question #1 Response: Are you interested in this requirement? YES / NO (please select Yes or No)

Question #2: VA Clause 852.219-14, “VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside,” would be present in any solicitation set-aside for SDVOSB’s. To comply, the SDVOSB may not pay more than 50% of the amount paid by the government to it to firms that are not similarly situated (i.e. another SDVOSB). A copy of the clause and applicable section from Code of Federal Regulations (13 CFR § 125.6) is attached. This office is vigilant in our efforts to enforce compliance.

Response: Please explain, in very general terms, how your company’s approach to performing required services and compliance with VA Clause 852.219-14. The cost of the equipment/vehicles associate with moving/emptying large solid waste containers is significant.

Question #3:

Response: If your company performs Solid Waste Disposal \ Recycling, does it also perform:

· Hazardous Waste Removal? YES / NO (please select Yes or No)

· Subset of Regulated Medical Waste? YES / NO (please select Yes or No)

· Subset of Infectious Waste? YES / NO (please select Yes or No) Responses to this notice shall be emailed to Michael Groneman at Michael.groneman@va.gov, or phone 513-559-3720. Telephone responses are accepted. Responses must be received in writing no later than 4:00 PM on Aug 13th, 2018. This notice is to assist the VA in determining sources only. A solicitation is not currently available. If a solicitation is issued it will be announced at a later date, and all interested parties must respond to that solicitation announcement separately from the responses to this announcement. Responses to this source sought notice is not a request to be added to a prospective bidders list or to receive a copy of the solicitation.

See attached document: CFR-2012-title13-vol1-sec125-6.

See attached document: VA Clause 852-219-10.

See attached document: CFR-2012-title13-vol1-sec125-6.

See attached document: VA Clause 852-219-10.

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CFR-2012-title13-vol1-sec125-6.pdf

Small Business Administration § 125.6 its receipt of the notice under para-graph (h) of this section. The appeal and any supporting documentation must be filed within 10 working days (or a different time period agreed to by both agencies) after SBA receives the request for a formal appeal.

(3) The SBA Director, Office of Gov-ernment Contracting (D/GC) will make a final determination, in writing, to issue or to deny the COC.

(j) Decision by SBA Headquarters where contract value exceeds $25 million. (1) Prior to taking final action, SBA Head-quarters will contact the contracting agency at the secretariat level or agen-cy equivalent and afford it the fol-lowing options:

(i) Ask SBA Headquarters to suspend the case so that the agency can meet with Headquarters personnel and re-view all documentation contained in the case file; or

(ii) Submit to SBA Headquarters for evaluation any information which the contracting agency believes has not been considered.

(2) After reviewing all available in-formation, the AA/GC will make a final decision to either issue or deny the COC. If the AA/GC’s decision is to deny the COC, the applicant and contracting agency will be informed in writing by the Area Office. If the decision is to issue the COC, a letter certifying the responsibility of the firm will be sent to the contracting agency by Head-quarters and the applicant will be in-formed of such issuance by the Area Of-fice. Except as set forth in paragraph

(l) of this section, there can be no fur-ther appeal or reconsideration of the decision of the AA/GC.

(k) Notification of denial of COC. The notification to an unsuccessful appli-cant following either an Area Director or a Headquarters denial of a COC will briefly state all reasons for denial and inform the applicant that a meeting may be requested with appropriate SBA personnel to discuss the denial.

Upon receipt of a request for such a meeting, the appropriate SBA per-sonnel will confer with the applicant and explain the reasons for SBA’s ac-tion. The meeting does not constitute an opportunity to rebut the merits of the SBA’s decision to deny the COC, and is for the sole purpose of giving the applicant the opportunity to correct deficiencies so as to improve its ability to obtain future contracts either di-rectly or, if necessary, through the issuance of a COC.

(l) Reconsideration of COC after issuance. (1) An approved COC may be reconsidered and possibly rescinded, at the sole discretion of SBA, where an award of the contract has not occurred, and one of the following circumstances exists:

(i) The COC applicant submitted false or omitted materially adverse informa-tion;

(ii) New materially adverse informa-tion has been received relating to the current responsibility of the applicant concern; or

(iii) The COC has been issued for more than 60 days (in which case SBA may investigate the firm’s current cir-cumstances).

(2) Where SBA reconsiders and reaf-firms the COC the procedures under paragraph (h) of this section do not apply.

(m) Effect of a COC. By the terms of the Act, a COC is conclusive as to re-sponsibility. Where SBA issues a COC on behalf of a small business with re-spect to a particular contract, con-tracting officers are required to award the contract without requiring the firm to meet any other requirement with respect to responsibility.

(n) Effect of Denial of COC. Denial of a COC by SBA does not preclude a con-tracting officer from awarding a con-tract to the referred firm, nor does it prevent the concern from making an offer on any other procurement.

(o) Monitoring performance. Once a COC has been issued and a contract awarded on that basis, SBA will mon-itor contractor performance.

[61 FR 3312, Jan. 31, 1996; 61 FR 7987, Mar. 1, 1996, as amended at 72 FR 50041, Aug. 30, 2007]

§ 125.6 Prime contractor performance requirements (limitations on sub-contracting).

(a) In order to be awarded a full or partial small business set-aside con-tract, an 8(a) contract, a WOSB or EDWOSB contract pursuant to part 127 of this chapter, or an unrestricted pro-curement where a concern has claimed

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13 CFR Ch. I (1–1–12 Edition) § 125.6 a 10 percent small disadvantaged busi-ness (SDB) price evaluation preference, a small business concern must agree that:

(1) In the case of a contract for serv-ices (except construction), the concern will perform at least 50 percent of the cost of the contract incurred for per-sonnel with its own employees.

(2) In the case of a contract for sup-plies or products (other than procure-ment from a non-manufacturer in such supplies or products), the concern will perform at least 50 percent of the cost of manufacturing the supplies or prod-ucts (not including the costs of mate-rials).

(3) In the case of a contract for gen-eral construction, the concern will per-form at least 15 percent of the cost of the contract with its own employees (not including the costs of materials).

(4) In the case of a contract for con-struction by special trade contractors, the concern will perform at least 25 percent of the cost of the contract with its own employees (not including the cost of materials).

(b) An SDVO SBC prime contractor can subcontract part of an SDVO con-tract (as defined in § 125.15) provided:

ices (except construction), the SDVO SBC spends at least 50% of the cost of the contract performance incurred for personnel on the concern’s employees or on the employees of other SDVO SBCs;

(2) In the case of a contract for gen-eral construction, the SDVO SBC spends at least 15% of the cost of con-tract performance incurred for per-sonnel on the concern’s employees or the employees of other SDVO SBCs;

(3) In the case of a contract for con-the SDVO SBC spends at least 25% of the cost of contract performance in-curred for personnel on the concern’s employees or the employees of other SDVO SBCs; and

(4) In the case of a contract for pro-curement of supplies or products (other than procurement from a non-manufac-turer in such supplies or products), at least 50% of the cost of manufacturing the supplies or products (not including the costs of materials), will be per-formed by the SDVO SBC prime con-tractor or other SDVO SBCs.

(5) In accordance with § 125.15(b)(3), the SDVO SBC joint venture must per-form the applicable percentage of work.

(c) A qualified HUBZone SBC prime contractor can subcontract part of a HUBZone contract (as defined in § 126.600 of this chapter) provided:

ices (except construction), the quali-fied HUBZone SBC spends at least 50% of the cost of the contract performance incurred for personnel on the concern’s employees or on the employees of other qualified HUBZone SBCs;

(2) In the case of a contract for gen-eral construction, the qualified HUBZone SBC spends at least 15% of the cost of contract performance in-curred for personnel on the concern’s employees;

(3) In the case of a contract for con-the qualified HUBZone SBC spends at least 25% of the cost of contract per-formance incurred for personnel on the concern’s employees;

(4) In the case of a contract for pro-curement of supplies (other than pro-curement from a regular dealer in such supplies), the qualified HUBZone SBC spends at least 50% of the manufac-turing cost (excluding the cost of mate-rials) on performing the contract in a HUBZone. One or more qualified HUBZone SBCs may combine to meet this subcontracting percentage require-ment; and

(5) In the case of a contract for the procurement by the Secretary of Agri-culture of agricultural commodities, the qualified HUBZone SBC may not purchase the commodity from a sub-contractor if the subcontractor will supply the commodity in substantially the final form in which it is to be sup-plied to the Government.

(d) SBA may use different percent-ages if the Administrator determines that such action is necessary to reflect conventional industry practices among small business concerns that are below the numerical size standard for busi-nesses in that industry group. Rep-resentatives of a national trade or in-dustry group or any interested SBC

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Small Business Administration § 125.6 may request a change in subcon-tracting percentage requirements for the categories defined by six digit in-dustry codes in the North American In-dustry Classification System (NAICS) pursuant to the following procedures.

(1) Format of request. Requests from representatives of a trade or industry group and interested SBCs should be in writing and sent or delivered to the Di-rector, Office of Government Con-tracting, U.S. Small Business Adminis-tration, 409 3rd Street, SW., Wash-ington, DC 20416. The requester must demonstrate to SBA that a change in percentage is necessary to reflect con-ventional industry practices among small business concerns that are below the numerical size standard for busi-nesses in that industry category, and must support its request with informa-tion including, but not limited to:

(i) Information relative to the eco-nomic conditions and structure of the entire national industry;

(ii) Market data, technical changes in the industry and industry trends;

(iii) Specific reasons and justifica-tions for the change in the subcon-tracting percentage;

(iv) The effect such a change would have on the Federal procurement proc-ess; and

(v) Information demonstrating how the proposed change would promote the purposes of the small business, 8(a), SDB, woman-owned business, or HUBZone programs.

(2) Notice to public. Upon an adequate preliminary showing to SBA, SBA will publish in the FEDERAL REGISTER a no-tice of its receipt of a request that it considers a change in the subcon-tracting percentage requirements for a particular industry. The notice will identify the group making the request, and give the public an opportunity to submit information and arguments in both support and opposition.

(3) Comments. SBA will provide a pe-riod of not less than 30 days for public comment in response to the FEDERAL REGISTER notice.

(4) Decision. SBA will render its deci-sion after the close of the comment pe-riod. If SBA decides against a change, SBA will publish notice of its decision in the FEDERAL REGISTER. Concurrent with the notice, SBA will advise the re-quester of its decision in writing. If SBA decides in favor of a change, SBA will propose an appropriate change to this part.

(e) Definitions. The following defini-tions apply to this section:

(1) Cost of the contract. All allowable direct and indirect costs allocable to the contract, excluding profit or fees.

(2) Cost of contract performance in-curred for personnel. Direct labor costs and any overhead which has only direct labor as its base, plus the concern’s General and Administrative rate multi-plied by the labor cost.

(3) Cost of manufacturing. Those costs incurred by the firm in the production of the end item being acquired. These are costs associated with the manufac-turing process, including the direct costs of fabrication, assembly, or other production activities, and indirect costs which are allocable and allow-able. The cost of materials, as well as the profit or fee from the contract, are excluded.

(4) Cost of materials. Includes costs of the items purchased, handling and as-sociated shipping costs for the pur-chased items (which includes raw ma-terials), off-the-shelf items (and simi-lar proportionately high-cost common supply items requiring additional man-ufacturing or incorporation to become end items), special tooling, special testing equipment, and construction equipment purchased for and required to perform on the contract. In the case of a supply contract, the acquisition of services or products from outside sources following normal commercial practices within the industry are also included.

(5) Off-the-shelf item. An item pro-duced and placed in stock by a manu-facturer, or stocked by a distributor, before orders or contracts are received for its sale. The item may be commer-cial or may be produced to military or Federal specifications or description.

Off-the-shelf items are also known as Nondevelopmental Items (NDI).

(6) Personnel. Individuals who are ‘‘employees’’ under § 121.106 of this chapter except for purposes of the HUBZone program, where the defini-tion of ‘‘employee’’ is found in § 126.103 of this chapter.

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13 CFR Ch. I (1–1–12 Edition) § 125.7

(7) Subcontracting. That portion of the contract performed by a firm, other than the concern awarded the contract, under a second contract, purchase order, or agreement for any parts, sup-plies, components, or subassemblies which are not available off-the-shelf, and which are manufactured in accord-ance with drawings, specifications, or designs furnished by the contractor, or by the government as a portion of the solicitation. Raw castings, forgings, and moldings are considered as mate-rials, not as subcontracting costs.

Where the prime contractor has been directed by the Government to use any specific source for parts, supplies, com-ponents subassemblies or services, the costs associated with those purchases will be considered as part of the cost of materials, not subcontracting costs.

(f) Compliance will be considered an element of responsibility and not a component of size eligibility.

(g) The period of time used to deter-mine compliance will be the period of performance which the evaluating agency uses to evaluate the proposal or bid. If the evaluating agency fails to articulate in its solicitation the period of performance it will use to evaluate the proposal or bid, the base contract period, excluding options, will be used to determine compliance. In indefinite quantity contracts, performance over the guaranteed minimum will be used to determine compliance unless the evaluating agency articulates a dif-ferent period of performance which it will use to evaluate the proposal or bid in its solicitation.

(h) Work to be performed by subsidi-aries or other affiliates of a concern is not counted as being performed by the concern for purposes of determining whether the concern will perform the required percentage of work.

(i) Where an offeror is exempt from affiliation under § 121.103(h)(3) of this chapter and qualifies as a small busi-ness concern, the performance of work requirements set forth in this section apply to the cooperative effort of the joint venture, not its individual mem-bers.

[61 FR 3312, Jan. 31, 1996; 61 FR 39305, July 20, 1996; as amended at 64 FR 57372, Oct. 25, 1999;

65 FR 45835, July 26, 2000; 69 FR 25266, May 5, 2004; 69 FR 29208, May 21, 2004; 69 FR 29420, May 24, 2004; 70 FR 14527, Mar. 23, 2005; 70 FR 51248, Aug. 30, 2005; 72 FR 3040, Jan. 24, 2007, 72 FR 50041, Aug. 30, 2007; 73 FR 56948, Oct. 1, 2008]

§ 125.7 Acquisition-related dollar thresholds.

The Federal Acquisition Regulatory Council (FAR Council) has the respon-sibility of adjusting each acquisition-related dollar threshold on October 1, of each year that is evenly divisible by five. Acquisition-related dollar thresh-olds are defined as dollar thresholds that are specified in law as a factor in defining the scope of the applicability of a policy, procedure, requirement, or restriction provided in that law to the procurement of property or services by an executive agency as determined by the FAR Council. 41 U.S.C. 431a(c).

Part 125, Government Contracting Pro-grams, contains acquisition-related dollar thresholds subject to infla-tionary adjustments. The FAR Council shall publish a notice of the adjusted dollar thresholds in the FEDERAL REG- ISTER. The adjusted dollar thresholds shall take effect on the date of publica-tion.

[74 FR 46887, Sept. 14, 2009]

Subpart A—Definitions for the Service-Disabled Veteran- Owned Small Business Con-cern Program

SOURCE: 69 FR 25267, May 5, 2004, unless otherwise noted.

§ 125.8 What definitions are important in the Service-Disabled Veteran- Owned (SDVO) Small Business Con-cern (SBC) Program?

(a) Contracting Officer has the mean-ing given such term in section 27(f)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(f)(5)).

(b) Interested Party means the con-tracting activity’s contracting officer, the SBA or any concern that submits an offer for a specific SDVO contract.

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Superintendent of Documents

2012-04-04T13:11:33-0400

US GPO, Washington, DC 20401

Superintendent of Documents

GPO attests that this document has not been altered since it was disseminated by GPO image2.emf

VA Clause 852-219-10.docx 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

As prescribed in 819.7009, insert the following clause:

VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2016) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled Veteran-owned small business concern or SDVSOB:”

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201 Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR 74 and is so listed in the Vendor Information Pages database, (https://www.vip.vetbiz.gov); and

(v) The business will comply with subcontracting limitations in 13 CFR 125.6, as applicable.

(2) “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from verified service-disabled Veteran-owned small business concerns. Offers received from concerns that are not verified service-disabled Veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a verified service-disabled Veteran-owned small business concern.

(c) Agreement. A service-disabled Veteran-owned small business concern agrees that in the performance of the contract, the concern will comply with the limitation on subcontracting requirements in 13 CFR § 125.6.

(d) A joint venture may be considered a service-disabled Veteran owned small business concern if the joint venture complies with the requirements in 13 CFR 125.15, provided that any reference therein to SDVO SBC is to be construed to apply to a VA verified SDVOSB as appropriate.

(e) Any service-disabled Veteran-owned small business concern (non-manufacturer) must meet the requirements in FAR 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

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