CONUS MHE Preventative Maintenance and Remedial Services

1. This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulations (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. The solicitation number is SP4510-22-Q-1025 and being issued as a request for quotation (RFQ).
    
2. This solicitation and incorporated provisions and clauses are in effort through Federal Acquisition Circular 2021-07. See attached Performance Work Statement and applicable provisions and clauses.

1. This is a competitive 100% Full and Open Competition set-aside for Material Handling Equipment (MHE) Preventative Maintenance and Remedial Repair Service for DLA Disposition Services. The NAICS code is 811310 with a size standard of $8,000,000.00 and the requirement will result in a 12 month Firm Fixed Priced IDIQ base contract.
    
2. Background: The primary mission of the Defense Logistics Agency (DLA) Disposition Services is to dispose of Department of Defense (DoD) excess and surplus property generated by the military services. This is accomplished through reutilization to other DoD activities, transfer to other Federal agencies, donation to authorized state and local organizations, sale to the public, or ultimate disposal through abandonment or destruction. DLA Disposition Services Headquarters is located in Battle Creek, Michigan, with a variety of field sites worldwide. DLA Disposition Services is responsible for managing the DoD Surplus Property Program.
    
3. In order to accomplish this mission, DLA Disposition Services is seeking to have Preventative and Remedial Repair services on Material Handling Equipment (MHE) in accordance with the attached Performance Work Statement.
    
4. This requirement is a Firm Fixed Priced contract. Pricing must be Fixed Price for the entirety of services quoted. Wage Determination numbers and Site locations are listed in Appendix 6 – Place of Performance.
    
5. Offers are due at 12:00 PM Eastern Time (United States), on 07 January 2022. Email quotes to Jacob.Curtiss@dla.mil and Daniel.Schuemann@dla.mil. Questions are due 23 December 2021 by 12:00 PM Eastern Time and must be submitted in writing via email to Jacob.Curtiss@dla.mil AND Daniel.Schuemann@dla.mil.  Questions will not be answered via telephone. Questions that occur after the cut off, but are considered to be significant to the requirement, will be accepted and discussed only with those vendors that have submitted a quote.
    

1. The following provisions and clauses are applicable to this solicitation:

a. The provisions at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. See attached applicable clauses for quote instructions.

1. Offers should include a complete copy of the provision at 52.212-3, Offeror Representations and Certifications --

Commercial Items, with its offer. See applicable clauses.

c. The clause 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition. See attached clauses.

d. The clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items, applies to this acquisition. The additional FAR clauses cited in the clause are applicable to the acquisition.

FAR 52.212-01 Fill-in coverage:

1. PROPOSAL SUBMISSION (FORMAT AND CONTENT): The following describes the information that must be furnished as part of the proposal and the format which must be presented. Proposals which do not provide the required information in the prescribed format at the time of initial submittal may be excluded from further consideration. Offers are strongly encouraged to read Provision,
    
   FAR 52.212-1, “INSTRUCTIONS TO OFFEROS – COMMERCIAL ITEMS”.
    
   1.1 FORMAT: The offeror shall submit documentation (one original electronic form, standard Microsoft based Word and / or Excel, and or .PDF files) in response to this solicitation subject to the requirements in this provision. The offeror’s outline should demonstrate, in detail, how their organization, internal work processes and procedures meet the Government’s requirements for performance under this solicitation.
    
   1.2 PROPOSAL SUBMISSION: The following describes the information which must be furnished as part of the proposal and the format in which it must be presented. Proposals which do not provide the required information in the prescribed format shall be excluded from further consideration. Offerors should not include extraneous information that is not required to be submitted by section 3 below. All proposals shall be valid for 90-days.
    
   (a) FORMAT: Proposals shall be submitted in distinctly severable parts consisting of the following volumes: Volume 1, Volume 2. Proposal submissions will consist of one original if submitted electronically; If multiple electronic files are submitted, each electronic file shall identify it as part of Volume 1 or 2. Any information submitted in an electronic file that does not include volume identification in its name or upon opening, shall not be considered in any evaluation being performed under FAR 52.212-2.

(1)VOLUME 1: Proposal Certifications and Price Schedule. (i) FAR 52.212-1(b) Information, except (b)(10). (b)(10) Information shall be in Volume 2. (ii) Section II of solicitation (schedule of prices for each item) Bid Schedule is Attachment 2. (iii) Section VI of solicitation (Representations, Certifications and Other Statements of Offeror).

(2) VOLUME 2: Past Performance Proposal. (See section 3below) (b) Submission of proposal by email should be sent to:

Emailed proposals are to be sent to Jacob.Curtiss@dla.mil.

Submission of proposal by facsimile is not authorized.

(3)  Past Performance Proposal:

(a)The offeror is required to provide any current relevant information regarding the level of performance, in terms of delivery and quality achieved under either Government or commercial contracts for the same or similar services for performance in the U.S. within the last 3 years. The information provided should support a qualitative review of the offeror; and/or record of performance in the areas of conforming to specifications, adherence to contract schedules, history of reasonable and cooperative behavior, commitment to customer satisfaction, and business-like concern for the interest of your customer. Additionally, if performance deficiencies were identified, what they were and what corrective action was taken. All proposals shall be valid for 90-days.

(b) Offerors shall submit past performance data for either the firm; and/or principal subcontractor(s); and/or key employees of the firm. For each reference provided, a valid name and telephone number, contract number, contract type, dollar value, contract award and completion dates, point of contact, description of worked performed, and e-mail address of point of contact is required. The description of work performed shall be in sufficient detail to explain how each reference relates to same or similar requirements of the instant solicitation in areas such as performance timeframes, performance in the U.S., managing a similar size workforce, and complexities of services (to determine the relevancy of the work).

(c) If the offeror elects to provide principal subcontractor past performance, the offeror shall provide the principal subcontractors’ consent allowing the Government to disclose negative past performance information to the offeror.

(d) Reference projects and corresponding reference surveys are limited to three projects considered by the offeror to be the most relevant to the requirements of this solicitation. If more than three projects with reference surveys are received, the Government will consider the first three projects received based upon the date and time the reference surveys are received.

(e) Attachment 1 contains a past performance survey that is used to evaluate an offeror’s past performance. The offeror shall provide the past performance survey in Attachment 1 to the past performance reference they identify in this part of the proposal for the offeror, principal subcontractors and key personnel. The past performance reference shall independently submit the survey to the Contracting Officer prior to the closing date of the solicitation. Any completed past performance survey received after the date of closing or directly from the offeror will not be considered in the past performance evaluation. The Government will not evaluate a reference listed in the past performance proposal if no corresponding survey is received from a reference for that contract. This will have the effect of the offeror being given a Neutral rating for that portion of their overall evaluation, regardless of the type of experience or its similarity to this requirement. Reference surveys must be received by the due date for receipt of proposals in order for the information to be considered. If an offeror has a CPARS submitted for Past Performance, it may be evaluated even if no Attachment 1 survey is provided.

(f) The submission of a past performance volume is required. If an offeror does not have any past performance references, offerors must at least identify a Volume 2 in their proposal and state they do not have any past performance to provide. If the Government only receives a past performance survey from a past performance reference and there is no information in an offeror’s proposal regarding that reference (see paragraph above), the reference will not be considered. The offeror is responsible for ensuring references submit past performance surveys; the Government will not be contacting references for purposes of obtaining the survey

ADDENDUM TO 52.212-2 EVALUATION – COMMERCIAL ITEMS

Evaluation of Past Performance:

(1) The Government will evaluate the quality of the offeror’s past performance. The assessment of the offeror’s past performance will be used as a means of evaluating the probability of success of the offeror. Thus, an offeror with a higher confidence assessment rating for past performance will have a higher probability of meeting the solicitation requirements than a firm with a lower confidence assessment rating. See “Attachment 1 Past Performance Questionnaire”.

(2) In investigating an offeror’s past performance, the Government may consider information in the offeror’s proposal and information obtained from other sources, including past and present customers and their employees, other government agencies, including state and local agencies, consumer protection organizations and better business bureaus; former subcontractors; and others who may have useful information. Failure by the offeror to provide evidence of relevant performance on contracts of a similar nature in terms of performance timeframes and complexities of services provided will be considered by the Government to have no relevant past performance. The offeror is responsible for ensuring references submit past performance surveys; the offeror’s reference must submit the past performance survey. The Government will not accept past performance surveys submitted by the offeror or contact offeror references to obtain a completed survey. The Government will evaluate past performance and experience in accordance with submission requirements of Section 3 outlined in 52.212-1.

(3) Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. The Government is seeking to determine whether the offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery of services. This is a matter of judgment. Offerors will be given an opportunity to address especially unfavorable reports of past performance, and the offeror’s response, or lack thereof, will be taken into consideration. Offerors lacking relevant past performance will not receive negative or positive consideration in the evaluation of this element as no meaningful confidence assessment rating can be reasonably assigned.

(4) Past performance will be rated on an adjectival scale. The Government’s conclusions about the overall quality of the offeror’s past performance and experience will be a factor in determining the relative merits of the offeror’s proposal and in selecting the offeror whose proposal is considered the most advantageous to the Government.

(5) By past performance, the Government means how well the offeror conformed to specifications and to standards of good workmanship; the offeror’s adherence to contract schedules, including the administrative aspects of performance; the offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and the offeror’s business-like concern for the interests of the customer. By experience, the Government means whether a contractors firm, principal subcontractor, or key personnel has performed similar work before. DLA Disposition Services will also consider the offeror’s past performance and experience on the same or similar contracts in terms of complexities of the services provided. Offerors with no past performance will be issued a Neutral rating for past performance.

(6) 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.

(7) Evaluation Factors For Award:

a. The Government will make award to the responsible offeror whose offer conforms to the solicitation, and demonstrates the best value to the Government in terms of their past performance and price.

b. The evaluation factors are listed below, (i) Past Performance (ii) Price (iii) Past performance is significantly more important than price.

(8) Evaluation of Price: The offered price will be used in conjunction with the other factors to determine the proposal, which represents the best value to the Government. Price will not be numerically scored, but it will be fully evaluated using price analysis techniques.

(9) Efficiency Competition: Offerors are advised that the Government may not evaluate the past performance proposals of all offerors under this RFP. The government will first review the total evaluated price of all proposals received. The past performance proposals of those offerors whose pricing is determined by the Contracting Officer to be most competitive may be reviewed prior to, or instead of, other past performance proposals received. Based on the initial review of these past performance proposals, the government may not evaluate the past performance proposals of other offerors, whose total evaluated pricing was higher than that of one already evaluated and already assigned the highest possible past performance rating. This would occur when the Contracting Officer determines that any possible past performance superiority of an unevaluated (and higher priced) past performance proposal, over (a lower priced) one that was already evaluated and assigned the highest possible past performance rating, would not warrant any additional price premium.

(10) 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.

SMALL BUSINESS PARTICIPATION PLAN AND SMALL BUSINESS SUBCONTRACTING PLANS PROPOSAL AND EVALUATION

I.  Small Business Participation Plan Requirements

(1) The offeror is required to submit a small business participation plan, and a separate and distinct small business subcontracting plan in accordance with FAR 52.219-9 and DFARS 252.219-7003.  Small business offerors are not required to submit the small business subcontracting plan, but must still submit a small business participation plan.

(2) All offerors shall submit a small business participation plan that details their intended utilization of small business subcontractors during performance of the contract.  This shall include the percentage of work to be performed by small business subcontractors (to include specific goals or percentages for various socio-economic categories as defined in FAR Part 19), the level of commitment to those goals (enforceable vs. non-enforceable commitments), and the offeror’s established or planned procedures for small business outreach and utilization.

(3) For large business offerors, the small business participation plan shall conform to the submitted small business subcontracting plan.

(4) For small businesses, the small business participation plan should include the percentage of work performed by the prime contractor in addition to any subcontractors.

52.204-23        Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities   JUL 2018

52.204-24        Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment       OCT 2020

52.204-25        Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment       AUG 2020

52.204-26        Covered Telecommunications Equipment or Services--Representation        OCT 2020

52.209-10        Prohibition on Contracting with Inverted Domestic Corporations     NOV 2015

52.212-1          Instructions to Offerors—Commercial Items JUL 2021

52.222-50        Combating Trafficking in Persons      OCT 2020

52.223-18        Encouraging Contractor Policies to Ban Text Messaging While Driving      JUN 2020

52.232-39        Unenforceability of Unauthorized Obligations          JUN 2013

52.232-40        Providing Accelerated Payments 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

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

252.204-7003  Control of Government Personnel Work Product      APR 1992

252.204-7015  Notice of Authorized Disclosure of Information for Litigation Support       MAY 2016

252.204-7016  Covered Defense Telecommunications Equipment or Services--Representation      DEC 2019

252.204-7017  Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation        MAY 2021

252.204-7018  Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services           JAN 2021

252.204-7019  Notice of NIST SP 800-171 DoD Assessment Requirements.           NOV 2020

252.204-7020  NIST SP 800-171 DoD Assessment Requirements.   NOV 2020

252.225-7048  Export-Controlled Items         JUNE 2013

252.232-7010  Levies on Contract Payments DEC 2006

252.244-7000  Subcontracts for Commercial Items   JAN 2021

52.203-12        Limitation on Payments to Influence Certain Federal Transactions   JUN 2020

52.204-7          System for Award Management         OCT 2018

52.204-9          Personal Identity Verification of Contractor Personnel          JAN 2011

52.204-10        Reporting Executive Compensation and First-Tier Subcontract Awards      JUN 2020

52.204-13        System for Award Management Maintenance           OCT 2018

52.204-14        Service Contract Reporting Requirements     OCT 2016

52.204-15        Service Contract Reporting Requirements for Indefinite-Delivery Contracts           OCT 2016

52.204-16        Commercial and Government Entity Code Reporting           AUG 2020

52.204-17        Ownership or Control of Offeror       AUG 2020

52.204-18        Commercial and Government Entity Code Maintenance       AUG 2020

52.204-20        Predecessor of Offeror           AUG 2020

52.209-6          Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment         JUN 2020

52.209-7          Information Regarding Responsibility Matters          OCT 2018

52.212-2          Evaluation—Commercial Items         OCT 2014

52.212-3          Offeror Representations and Certifications—Commercial Items--Alternate I          OCT 2014

52.212-4          Contract Terms and Conditions—Commercial Items            OCT 2018

52.212-5          Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items      JUL 2021

52.216-18        Ordering          AUG 2020

Ordering (Aug 2020)

      (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued within 12 months after award.

      (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

      (c) A delivery order or task order is considered "issued" when—

           (1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

           (2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

           (3) If sent electronically, the Government either—

                (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

                (ii) Distributes the delivery order or task order via email to the Contractor's email address.

      (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19        Order Limitations        OCT 1995

Order Limitations (Oct 1995)

      (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __1 EA on East Bid Schedule___________ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

      (b) Maximum order. The Contractor is not obligated to honor-

           (1) Any order for a single item in excess of _N/A____________ [insert dollar figure or quantity];

           (2) Any order for a combination of items in excess of __$2Million____________ [insert dollar figure or quantity]; or

           (3) A series of orders from the same ordering office within _N/A____________ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

      (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

      (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __3___ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-20        Definite Quantity        OCT 1995

Definite Quantity (Oct 1995)

      (a) This is a definite-quantity, indefinite-delivery contract for the supplies or services specified, and effective for the period stated, in the Schedule.

      (b) The Government shall order the quantity of supplies or services specified in the Schedule, and the Contractor shall furnish them when ordered. Delivery or performance shall be at locations designated in orders issued in accordance with the Ordering clause and the Schedule.

      (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

      (d) Any order issued during the effective period of this contract and not completed within that time shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months after award.

(End of clause)

52.216-22        Indefinite Quantity     OCT 1995

Indefinite Quantity (Oct 1995)

      (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

      (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

      (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

      (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _12 months after award.

(End of clause)

52.222-3          Convict Labor JUNE 2003

52.222-21        Prohibition of Segregated Facilities    APR 2015

52.222-22        Previous Contracts and Compliance Reports FEB 1999

52.222-24        Preaward On-Site Equal Opportunity Compliance Evaluation          FEB 1999

52.222-25        Affirmative Action Compliance         APR 1984

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

52.222-54        Employment Eligibility Verification  OCT 2015

52.223-12        Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners            JUN 2016

52.223-20        Aerosols          JUN 2016

52.232-33        Payment by Electronic Funds Transfer—System for Award Management   OCT 2018

52.245-1          Government Property JAN 2017

52.252-5          Authorized Deviations in Provisions  NOV 2020

52.252-6          Authorized Deviations in Clauses      NOV 2020

252.204-7004  DoD Antiterrorism Awareness Training for Contractors       FEB 2019

252.204-7008  Compliance with Safeguarding Covered Defense Information Controls       OCT 2016

252.204-7009  Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information     OCT 2016

252.204-7014  Limitations on the Use or Disclosure of Information by Litigation Support Contractors            MAY 2016

252.204-7022  Expediting Contract Closeout MAY 2021

252.223-7999  Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (DEVIATION 2021-O0009)            OCT 2021

252.232-7003  Electronic Submission of Payment Requests and Receiving Reports            DEC 2018

252.232-7006  Wide Area WorkFlow Payment Instructions DEC 2018

252.246-7008  Sources of Electronic Parts     MAY 2018

252.247-7023  Transportation of Supplies by Sea--Basic      FEB 2019

52.203-3          Gratuities        APR 1984

52.212-4 Alt 1 Contract Terms and Conditions-Commercial Items (Oct 2018)

52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-Commercial Item Acquisition (Feb 2007)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

52.222-41 Service Contract Labor Standards (Aug 2018)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014)