Firing Range Service - Renton, Washington

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; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a request for proposal. Please reference solicitation number HSTS07-15-R-00077 on all correspondence. This solicitation is being issued as Total Small Business Set Aside. The North American Industry Classification System (NAICS) is 611699. This combined solicitation/synopsis is for the purchase of range services on an established/existing range in accordance with the following requirements. The proposed contract will be for a base year and one term option only. The North American Industry Classification Code (NAICS) is 611699. Services anticipated to begin on or about November 1, 2015. The Department of Homeland Security (DHS) has a requirement for a firearms range to conduct mandatory quarterly qualifications and other firearms training. NOTE: THE RANGE MUST BE AN ESTABLISHED RANGE; THIS IS NOT A REQUEST TO BUILD A RANGE. The range shall be within 15 miles of downtown Renton, Washington. Furthermore, the range must be in a location that can be accessed by vehicle within a 30 minute drive (with traffic) from Renton, Washington. The range must comply with applicable, local, state and federal regulations, including but not limited to, lead exposure. Vendor MUST submit its most recent certification of lead exposure testing and/or its most current OSHA compliance certificate/letter and air sample for lead with submission of proposal. Failure to submit will result in an incomplete proposal. If an award is granted and OSHA standards are not in accordance with regulation, the government has the unilateral right to terminate contract at any time via written signed modification. The following OSHA programs are applicable: Lead: - 29 Code of Federal Regulations (CFR) 1910.1000, Air contaminants http://www.gpo.gov/fdsys/pkg/CFR-2014-title29-vol6/pdf/CFR-2014-title29-vol6-sec1910-1000.pdf - 29 CFR 1910.1025 http://www.access.gpo.gov/nara/cfr/waisidx_10/29cfr1910a_10.html - Environmental Protection Agency (EPA): Best Management Practices for Lead at Outdoor Shooting Ranges. http://www2.epa.gov/lead/best-management-practices-lead-outdoor-shooting-ranges-epa-902-b-01-001-revised-june-2005 Signs and tags: Section 1910.145 https://www.osha.gov/Reduction_Act/TAGS-SUP.html The proposed range must meet the following standards to qualify for consideration: - Live-fire training facility for training and certifying personnel in the use of handguns, shotguns, rifles up to 5.56mm in the following forms: GDHP, Ball ammunition and frangible. - DHS will have priority of use. - Range must accommodate the full Surface Danger Zone (SDZ), Vertical Danger Zone (VDZ) and ricochet danger for the types of ammunition being used. - Range must possess a minimum of 10 firing positions with distinct shooting positions for the 1.5, 3, 7, 15 and 25-yard lines. - The range must possess target carriers to hold the targets or remote controlled turning targets compatible to fit various target sizes. - If firing booth is not being used, the width of firing positions must be at least 5 feet. - Range must be able to accommodate low light/night live fire on all days scheduled. - Firing line will be marked so it is apparent and continue for the full length of the firing position. - If the range has an earthen backstop, sufficient distance between the closest firing line and the earthen backstop to eliminate the possibility of back spatter and ricochets. - Disposal of contaminants produced by the muzzle and ejection port of weapon, bullet trap, and from the ventilation exhaust will comply with local, state, and federal regulations and be the responsibility of the contracted range. - If indoor, ventilation system must control exposure to lead in accordance with 29 CFR 1910.1025. - Personnel will not be exposed to airborne contaminants above permissible limits in accordance with 29 CFR 1910.1000, Air contaminants, Table Z-1. - Emergency egress paths will not require travel downrange from the primary firing line. - Emergency egress plans and fire protection will be in compliance with local, state, and federal regulations. - Signal for cellular phone service must be adequate or if signal cannot be obtained landline must be installed for emergency calling. - Warning signs will be in accordance with OSHA standard section 1910.145. - Range access roads must approach the range complex outside the SDZ footprint. - Roads and parking will be accessible by passenger vehicle, light or medium trucks, and vans. - Parking lot will be able to accommodate a minimum of 25 vehicles and in compliance with Americans with Disabilities Act (ADA) accessible parking spaces table. - Discharge of storm water runoff and drainage must meet requirements of federal, state, and local laws. - The range must have male/female washroom/restroom facilities with running water. - Range will provide a securable storage area solely for DHS use. Storage area will be used for administrative supplies, training aids, tools, and miscellaneous items. - Electrical outlets and wiring will meet applicable federal, state, and local codes. - The range rules cannot disallow movement between firing points or restrict movement oriented firearms training by students (i.e. standing to kneeling transitions.). - DHS personnel will use the range 260 days a year in 3 hour increments. PROPOSED SITE INSPECTION As part of the proposal evaluation process, DHS reserves the right to inspect all proposed sites to ensure compliance with all requirements set forth above. At a minimum, offerors proposals shall include the following sections: (1) Qualification Statement, (2) Past Performance references, and (3) Price. The proposals will be evaluated using the factors as follows: (a) Technical Factors (1) Qualification Statement. Offeror shall confirm in writing that they meet all requirements set forth in this solicitation/synopsis. However, DHS reserves the right to visit proposed site(s) to verify that the range(s) meets minimum qualifications. (2) Past Performance History. The offeror's proposal shall include a minimum of (2) past performance references for similar services the offeror has provided. One of these references must be a law enforcement entity. Verified/current points of contact shall be provided for each reference to allow the Government to speak with references about the nature and quality of service required. Price Factors Offeror shall provide pricing to cover the number of days cited. Pricing shall be submitted on a daily basis as follows: For Base Award (November 1, 2015 - October 31, 2016) 260 days X _____________________(Daily Rate) = ______________ For Option Period One: (November 1, 2016 - October 31, 2017) 260 days X _____________________(Daily Rate) = _____________ Contractors will be permitted to bill on a monthly basis for hours used during the month. Invoice to be submitted only once a month. The Government intends to award a firm-fixed price purchase order and may award without discussions. The Government will award a contract resulting from this solicitation only if it can be determined that the responsible offeror's proposal, conforming to the solicitation, is low price technically acceptable. The Government reserves the right not to award a contract in response to this solicitation if it determines that none of the offers received provide the best value to the Government. In such a case, the Government will not be liable for any bid or proposal costs. The offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Aug 2009), with its proposal. An offeror shall complete only paragraph (b) of the provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. FAR.52.212-4, Contract Terms and Conditions-Commercial Items (Mar 2009) applies to this acquisition. 52.212-5, Contract Terms and Conditions Required to Implement Statues or Executive Orders - Commercial Items (Sep 2009) applies to this acquisition. The following clauses under subparagraph (b) apply: 52-215-1 (4) Instructions to Offerors - Competitive Acquisition The Government intends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary. If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals. Award may be made only to a contractor who has registered with the System for Award Management at https://www.sam.gov (formally CCR) prior to contract award. Additionally, offerors are advised that the following clause will pertain to any contract award: Release of Information: The Contractor shall not disclose, advertise, or release information about this contract to any individual or organization without prior written approval from the Contracting Officer. The following clauses are also applicable to this acquisition: 52.252-2 Clauses Incorporated by Reference (Feb 1998) This solicitation 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 http://www.arnet.gov 52.204-7 System for Award Management (Jul 2013) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.217-5 Evaluation of Options (July 1990) 52.204-7 Central Contractor Registration (Apr 2008) now SAM - System for Award Management https://www.sam.gov 52.219-6 Notice of Total Small Business Set Aside (Nov 2011) 52.222-3 Convict Labor (June 2003) (EO 11755) 52.222-19 Child Labor-Cooperation with Authorities and Remedies (Aug 2009) (EO 13126) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (Mar 2007) (EO 11246) 52.222-35 Equal Opportunity for Special Disabled Veterans (Sep 2006) 52.222-36 Affirmative Action for Workers with Disabilities (JUNE 1998) (29 USC 793) 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of Vietnam Era, and Other Eligible Veterans (Sep 2006), 52.222-54 Employment Eligibility Verification (Aug 2013) 52.222-41 Service Contract Act of 1965 (Nov 2007) 52.225-1 "Buy American Act-Supplies," 52.225-2 "Buy American Act-Certificate," 52.225-5 "Trade Agreements," 52.225-6 "Trade Agreements Certificate," 52.225-9 "Buy American Act-Construction Materials," 52.225-10 "Notice of Buy American Act Requirement-Construction Materials," 52.225-11 "Buy American Act-Construction Materials under Trade Agreements," and FAR 52.225-12 "Notice of Buy American Act Requirement-Construction Materials under Trade Agreements" 52.232-18 Availability of Funds (Apr 1984) 52.232-19 Availability of Funds for the next Fiscal Year 52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) 52.232-38 Submission of Electronic Funds Information with Offer (Jul 2013) - PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES - (a) Prohibitions. - Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. - (b) Definitions. As used in this clause: - Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code except that section 1504 of such Code shall be applied by substituting - more than 50 percent' for - at least 80 percent' each place it appears. - Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. - Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- - (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; - (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- - (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or - (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and - (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. - Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. - (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. - (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: - (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or - (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). - (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. - (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. - (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. - (e) Treatment of Certain Rights. - (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: - (i) Warrants; - (ii) Options; - (iii) Contracts to acquire stock; - (iv) Convertible debt instruments; - (v) Others similar interests. - (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835. - (f) Disclosure. The offeror under this solicitation represents that [Check one]: - ___it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73; - ___it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it has submitted a request for waiver pursuant to 3009.104-74, which has not been denied; or - __it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.104-70 through 3009.104-73, but it plans to submit a request for waiver pursuant to 3009.104-74. - (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. - (End of provision) - Additionally, offerors are advised that the following clause will pertain to any contract award: Release of Information: The Contractor shall not disclose, advertise, or release information about this contract to any individual or organization without prior written approval from the Contracting Officer. - Questions concerning this solicitation must be furnished in writing to Doretta.Chiarlone@tsa.dhs.gov no later than 2 calendar days before the close of the Request for Proposal. The date and time for the submission of proposal is Friday, October 9, 2015 at 10:00am Eastern Standard Time and shall be emailed to Doretta.Chiarlone@tsa.dhs.gov Additionally, offerors are advised that the following clause will pertain to any contract award: Release of Information: The Contractor shall not disclose, advertise, or release information about this contract to any individual or organization without prior written approval from the Contracting Officer. Questions concerning this solicitation must be furnished in writing to Raymond.Widmann@tsa.dhs.gov or Doretta,Chiarlone@tsa.dhs.gov or faxed to (609) 813-3394 no later than 2 calendar days before the close of the Request for Proposal. The date and time for the submission of quotes is Friday, October 9, 2015, 10:00 am Eastern Standard Time and shall be emailed to Doretta..Chiarlone@tsa.dhs.gov or faxed to 609-813-3394.