Firing Range Service-Houston, TX
Department of Homeland Security, Transportation Security Administration | Published July 16, 2015 - Deadline August 18, 2015
This is a synopsis for commercial items prepared in accordance with FAR Part 12.6 as supplemented with additional information included in this notice. The solicitation number is HSTS07-15-R-00059 which is issued as a Request for Proposal (RFP). This requirement will be an UNRESTRICTED acquisition. The proposed contract will be for one (1) base year and four (4) one year options. The North American Industry Classification Code (NAICS) is 611699. Services anticipated on or about September 15, 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 ESTABLSIHED RANGE; THIS IS NOT A REQUEST TO BUILD A RANGE. The range must be an OUTDOOR range within a 55 mile radius of Houston, Texas, (zip code 77040).
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:
• 29 Code of Federal Regulations (CFR) 1910.1000, Air contaminants
• 29 CFR 1910.1025
• Environmental Protection Agency (EPA): Best Management Practices for Lead at Outdoor Shooting Ranges.
Signs and tags:
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.
• 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 12 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.
• Weapons cleaning area will be covered overhead or enclosed, if enclosed temperature must be maintained between 67 to 82 degrees Fahrenheit in accordance with ASHRAE Standard 55-2013 while occupied.
• Weapons cleaning area will be large enough to accommodate cleaning tables/benches and cleaning materials.
• If firing booth is not being used, the width of firing positions must be at least 5 feet.
• If outdoor, firing positions will be covered and water directed water away from the firing line to allow all weather use.
• 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.).
Government personnel will use the range an average of 30 days per quarter, eight (8) hours each day. Approximately 80,000 rounds are anticipated to be shot per quarter. The proposals shall set forth a price for a minimum of 120 days per year.
The range must be in compliance with all Federal, State and OSHA regulations governing firing ranges. If an award is granted and the range is found not in accordance with regulations, the Government has the unilateral right to terminate contract at any time via written signed modification.
Proposed Site Inspection
As part of the proposal evaluation process, TSA reserves the right to inspect all proposed sites to ensure compliance with all requirements set forth above.
The proposed contract will be for (1) base year and (4) four one-year options. The solicitation incorporates one or more clauses by reference, with the same force and effect as if given in full text. Full text of a clause may be accessed electronically at www.arnet.gov/far. The following provisions in Federal Acquisition Regulation (FAR) apply to this acquisition. The provision at FAR 52.212-1, Instructions to Offers Commercial Items (July 2013) and the clause at FAR.52.212-4, Contract Terms and Conditions-Commercial Items (Sep 2013) apply to this acquisition. FAR 52.212-2, Evaluation-Commercial Items (JAN 1999) applies to this acquisition. Additional clauses applicable to this acquisition are listed later in this document.
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.
(b) Price Factors
Offerors shall provide pricing to cover a (1) year base period and (4) one year options. Pricing should be proposed on 4 hour blocks. Contractors will be permitted to bill on a monthly basis for hours used during the month. Invoice to be submitted only once a month.
All evaluation factors, when combined, are more important than price. The Government will award a contract resulting from this solicitation only if it can be determined that the responsible offerors proposal, conforming to the solicitation, will provide the most advantageous solution to the Government requirement, considering price and other factors. 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. 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.
Offerors shall provide pricing to cover a (1) year base period and (4) one year options. Options will be evaluated at time of award. Pricing must be quoted on a monthly basis for aforementioned minimum 120 days per year. Pricing for the base year and 4 term option years must be submitted as follows:
Base Year and Four Options:
Base Year :
September 15, 2015 - September 14, 2016 = _____________ (monthly rate)
X 12 months =__________________ per year
Option Year One:
September 15, 2016 - September 14, 2017 = _____________(monthly rate)
X 12 months=____________________per year
Option Year Two
September 15, 2017 - September 14, 2018 = _____________(monthly rate)
X 12 months=___________________per year
Option Year Three:
September 15, 2018 - September 14, 2019 = _____________(monthly rate)
X 12 months=________________per year
Option Year Four:
September 15, 2019 - September 14, 2010 =_______________(monthly rate)
X 12 months=_____________per year
Offerors are reminded to submit pricing for all years. A proposal submitted without pricing for a base and four one year term options will be considered technically non-responsive and may be removed from consideration for award.
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 offerors proposal, conforming to the solicitation, will provide the most advantageous solution to the Government requirement, considering price and other factors. 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.
To be eligible for award, the offeror must submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Nov 2013), with its quote. 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.
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.
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
52.217-5 Evaluation of Options (July 1990) 52.204-7 Central Contractor Registration (Apr 2008) now SAM - System for Award Management https://www.sam.gov
52.217-8 Option to Extend Services (Nov 1999)
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
52.222-41 Service Contract Act of 1965 (Nov 2007)
52.232-18 Availability of Funds (Apr 1984)
52.232-19 Availability of Funds for the next Fiscal Year
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),
52.232-33, Payment by Electronic Funds Transfer, Central Contractor Registration (OCT 2003) now System for Award Management - SAM
52.232-38, Submission of Electronic Funds Transfer with offer (May 1999)
52.222-54, Employment Eligibility Verification
PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES
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 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:
(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 Tuesday, August 18, 2015 at 10:00am Eastern Standard Time and shall be emailed to Doretta.Chiarlone@tsa.dhs.gov