RFQ Cover Letter - 70T01024Q7668N001 Final.pdf

January 4, 2024

To: Prospective Quoter

Subject: Request for Quote (RFQ) 70T01024Q7668N001 “Janitorial Services for TSA at

Newark Liberty International Airport (EWR)

Reference: FAR Subpart 13.5 “Simplified Procedures for Certain Commercial Products and Commercial Services”

Dear Prospective Quoter:

The Transportation Security Administration (TSA) hereby requests quotes to provide janitorial and pest control services for leased spaces located at the Newark Liberty International Airport (EWR) in Newark, NJ. This procurement will be conducted in accordance with FAR Subpart 13.5.

This is procurement is set aside for eligible Service Disable Veteran Owned Small Businesses (SDVOSB). The applicable NAICS code is 561720 Janitorial Services with a small business size standard of $19.5 million. The Product Service Code (PSC) is S201 Housekeeping- Custodial Janitorial. Prospective Quoters are responsible for downloading this solicitation and any amendments. It is the Quoters’ responsibility to monitor beta.sam.gov for the release of any amendments to this solicitation.

Project Requirements:

Janitorial services and pest control are required TSA leased space areas at EWR. TSA currently occupies approximately 15,965.23 (note will increase to 16,886.23 square feet starting in Option Period 1) square feet of leased space. The space is dedicated to training rooms, supervisor offices, bathrooms, and break rooms. The Contractor shall provide janitorial services seven (7) days a week, for the space occupied by the TSA at EWR.

Service location is:

Newark Liberty International Airport (EWR) 10 Toler Place Newark, New Jersey 07114

Please see Attachment 1 – Performance Work Statement (PWS) for additional information regarding the Government’s janitorial requirements.

Quote Submission Instructions:

Quoters shall provide the following to be considered responsive to this RFQ and eligible for award:

The Quoter shall fill out, sign, and submit RFQ Attachment 3 – Quote Submission Form.

Questions: Please submit any questions regarding this contracting opportunity with TSA no later than 5:00 PM local Washington D.C. time on January 11, 2024 to TSA Contract Specialist, joshua.fortiz@tsa.dhs.gov and the undersigned at michael.capovilla@tsa.dhs.gov.

Quote Submission: Please submit a final, firm-fixed price quote no later than 5:00 pm local Washington D.C. time on January 25, 2024 to TSA Contract Specialist, Joshua Fortiz, joshua.fortiz@tsa.dhs.gov and the undersigned at michael.capovilla@tsa.dhs.gov.

Evaluation Criteria:

The Government intends to evaluate submittals and award a purchase order on initial submittals without exchanges, but reserves the right to enter into exchanges. A submittal in response to the RFQ must contain the Quoter’s best terms from price standpoint. The Government reserves the right to award one or no purchase order at all. Quoters are encouraged to submit their best and final quote.

The Contracting Officer, prior to award will determine the prospective Contractor’s responsibility in accordance with FAR Part 9.1 “Responsible Prospective Contractors.” If the prospective Contractor is found not responsible the Contracting Officer will follow FAR part 19 procedures.

The Government will make an award for this solicitation based on lowest price technically acceptable (LPTA). Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. Award will be made to the Quoter with the lowest evaluated price and evaluated as technically acceptable, and deemed responsive to the solicitation requirements and is determined to be responsible in accordance with the FAR. Quotes will be evaluated as follows:

Factor 1 - Technical Approach Technical approach will be rated as either “Technically Acceptable” or “Technically Unacceptable” and will be evaluated as follows:

To be determined technically acceptable, the Quoter shall confirm in RFQ Attachment 2 – Quote Submission Form the following:

(1) All requirements of the Performance Work Statement (PWS) will be met;

(2) The minimum staffing requirement and hours as stated in the PWS will be met;

(3) I agree to comply with all permitting, insurance, and security requirements prescribed by the Port Authority of New York and New Jersey in order to successfully perform on airport property.

(4) I agree to comply with the prevailing Department of Labor Wage Determination;

(5) I agree to comply with FAR Clause 52.219-14 “Limitations on Subcontracting”;

(6) I agree to comply with the sustainable acquisition requirements that are outlined in the solicitation and affirm FAR 52.223-1 “Bio-based Product Certification”; and

(7) I agree to comply with FAR 52.222-62 “Paid Sick Leave Under Executive Order 13706”.

To be eligible for award the technical quotation must be evaluated as “Technically Acceptable”.

Factor 2 - Past Performance Past performance will be rated as either “Acceptable”, “Neutral” or “Unacceptable”. Past performance will be evaluated using Past Performance information submitted in RFQ Attachment 2 – Quote Submission Form. TSA reserves the right to consider other past performance data readily available to the agency. If negative information is received that will have significant impact on the likelihood of award to a quote, the Contracting Officer will disclose the information to the Quoter and provide an opportunity to respond. Quoters without a record of relevant past performance or for whom information on past performance is not available will receive a “Neutral” rating.

To be eligible for award, Past Performance must not be evaluated as “Unacceptable”.

Factor 3 - Price

1. The quoted prices will be evaluated on the basis of the Total Evaluated Price of the quote, calculated by adding together the quoted prices for each Line Item identified in RFQ Attachment 2 – Quote Submission Form. The Government will evaluate that the total price is fair and reasonable based on competition. The Total Evaluated Price for each Quote will be compared to all other Quotes to determine the apparent lowest-priced quotation, and as noted will be evaluated for fairness and reasonableness, but will not receive an adjectival rating.

2. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced.

3. Evaluation of options shall not obligate the Government to exercise those options.

4. The Government will evaluate quotes by adding the total price for all options to the total price for the base period. To account for the option periods possible under FAR 52.217-8 (maximum of six months), the Government will evaluate the option to extend services by adding six months of the Quoter’s final option period price to the Quoter’s total price. This amount will be the total evaluated price. The Government may choose to exercise the Option to Extend Services at the end of any performance period (base or option periods). Prices for the base and option periods, including the 6-month option available under FAR 52.217-8, will be evaluated to ensure that they are fair and reasonable for performance of the requirements established in the solicitation and as quoted in the technical submission. The price for the effort associated with FAR 52.217-8 will not be included in the total awarded value at purchase order award. If, at the end of the purchase order’s period of performance (the end of the base period or any option period) and within the time period established in the clause, the Government chooses to exercise this option, the pricing will be pursuant to the monthly rate specified in the purchase order for the preceding performance period. Quoters shall not provide pricing for labor under FAR 52.217-8 “Option to Extend Services” in their quotes.

Responsible Prospective Contractors Notwithstanding the evaluation methodology outlined in this RFQ, a Quoter must also be found responsible by the Contracting Officer prior to the award of any resultant purchase order. At a minimum, to be determined responsible a prospective contractor must:

1. Have adequate financial resources to perform the contract, or the ability to obtain those resources;

2. Be able to comply with the required or quoted delivery or performance schedule, taking into consideration all other business commitments;

3. Have a satisfactory record of integrity and business ethics;

4. Have a satisfactory performance record;

5. Have the necessary organization, experience, accounting and operational controls; and,

6. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

Solicitation Provisions (additional provisions may be found in RFQ Section V):

FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders – Representation and Disclosures (DEC 2023)

(a) Definitions. As used in this provision, Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, Sensitive compartmented information, Sensitive compartmented information system, and Source have the meaning provided in the clause 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(b) Prohibition. Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(c) Procedures.

(1) The Quoter shall search for the phrase “FASCSA order” in the System for Award Management (SAM)( https://www.sam.gov) for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.

(2) The Quoter shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) Representation. By submission of this offer, the Quoter represents that it has conducted a reasonable inquiry, and that the Quoter does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) Disclosures. The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Quoter is unable to represent compliance, then the Quoter shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Quoter;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an Quoter that does not require a waiver.

(End of Provision)

FAR 52.216-01 Type of Contract (APR 1984) The Government anticipates the award of a Firm Fixed Price (FFP) purchase order to a single Contractor as a result of this solicitation.

(End of Provision)

FAR 52.223-1 Biobased Product Certification (May 2012) As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the Quoter certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the Quoter as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of Provision)

FAR 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 General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Michael Capovilla, Contracting Officer;

Transportation Security Administration; Enterprise Support; Contracting and Procurement;

Workforce and Enterprise Operations Acquisition Division; 6595 Springfield Center Drive Springfield, VA 20598.

(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)

TSA-INSTR: AVAILABILITY OF INTERNAL APPEAL PROCESS PER FAR 33.103

(MAY 2021)

In the event of receipt of the Contracting Officer’s final decision of an agency-level protest in accordance with Federal Acquisition Regulation 33.103, the Quoter is hereby advised that an appeal process is available from within the agency. The Assistant Administrator of Contracting and Procurement in the Transportation Security Administration is the independent appeal authority. All appeals must be submitted in writing and signed by a company official who is authorized to commit the company and contain the same elements required in FAR 33.103(d) as well as an explanation of the Contracting Officer’s decision (and copy of such decision). Appeals must be sent either in writing or via email to Transportation Security Administration, ATTN:

APPEAL OF AGENCY PROTEST, Contracting and Procurement, 6595 Springfield Center Drive Springfield, VA 20598, or via email to TSAProcurementPolicy@tsa.dhs.gov. The subject line for the email should clearly indicate “APPEAL OF AGENCY PROTEST”.

(End of Provision)

This RFQ and its attachments do not constitute a contract, promise to contract, nor commitment of any kind on the part of the Government. In the event you believe that you have received any direction or instruction to the contrary, you are not to take action and required to contact the undersigned immediately.

Thank you for your interest in supporting TSA’s mission at EWR and we look forward to receiving your quote.

Sincerely, Michael Capovilla Contracting Officer Workforce & Enterprise Operations Acquisition Division Contracting and Procurement

Enclosed:

RFQ No. 70T01024Q7668N001 Attachment 1 – Performance Work Statement (PWS) Attachment 2 – Wage Determination No. 2015-4211 (Rev. 24) Attachment 3 – Quote Submission Form