Regional HW Incineration

Amendment 0001 - The purpose of this amendment is to include the drafe Price Schedule for the Northwest Regional Incineration requirement. ------------------------------------------------------------------------- THE INTENT OF THIS REQUEST FOR INFORMATION/SOURCES SOUGHT IS TO: Identify qualified large businesses for the requirement described in the attached Performance Work Statement (PWS). Identify qualified small businesses, specifically 8(a), HUBZone, woman-owned, and service-disabled veteran-owned small businesses, for the requirement described in the attached Performance Work Statement. The intent of this Sources Sought is to identify capable small business that can perform with limitations on subcontracting. BACKGROUND: The industry-wide incineration backlog in the United States (U.S.) is affecting Disposition Services’ (DS) ability to support our hazardous waste (HW) generators in managing their HW and meeting their Resource Conservation and Recovery Act (RCRA) 90-day storage requirements. This situation is resulting in our generators needing to submit multiple requests for extensions from their regulators. The objective of this sources sought announcement is to find potential contractors who can reliably remove incinerable or thermal treated waste when DS has no other options available to remove the waste to ensure generators do not need to request extensions to their storage limit. In order to meet this objective, DS anticipates issuing four regional solicitations for the removal, transportation, incineration or other thermal treatment, and final disposal of containerized RCRA HW, non-RCRA wastes, polychlorinated biphenyl wastes, state and non-state regulated wastes generated by U.S. Department of Defense (DoD) and U.S. Coast Guard installations. All services necessary for the collection, storage, processing, removal, transportation, final treatment, and disposal of waste shall be in accordance with all local, state, DoD, and Federal laws and regulations. The following are the regions that are anticipated to be solicited: West Regional HW Incineration Contract: AZ, CA, CO, ID, MT, NM, NV, OR, UT, WA, and WY. Northeastern Regional HW Incineration Contract: CT, DE, IL, IN, KY, MA, MD, ME, MI, NH, NJ, NY, OH, PA, RI, VA, VT, WI, WV, and Washington, D.C. Southeastern Regional HW Incineration Contract: AL, FL, GA, MS, NC, SC, and TN Mid-America Regional HW Incineration Contract: AR, IA, KS, LA, MN, MO, NE, ND, OK, SD, and TX The Federal Acquisition Regulation (FAR) 52.52.219-14 Limitations on Subcontracting Deviation states the Offeror/Contractor agrees to not pay more than 50% of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Contractors may be subject to a minimum $500,000 fine if awarded a contract with this clause and don’t meet the requirement. We have identified the majority of RCRA Treatment, Storage, Disposal Facilities (TSDFs) in the industry as large businesses. All TSDFs used during the performance of this contract must be approved and listed on the DS Qualified Facilities List: (https://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/HazWasteDisposal/)Given that there is a lack of small business ownership of TSDFs and that disposal costs make up a large portion of the contract dollar value, there is a reasonable probability that a small business would pay more than 50% of the cost of the contract to large businesses and not be eligible for award if a solicitation was issued as a small business set-aside. The Government intends to solicit proposals on sam.gov and award four Firm-Fixed Priced, Indefinite Delivery Indefinite Quantity Services Contracts for each region identified in this announcement. The contracts are anticipated to each have one 18-month base period followed by one 18-month option period. There is no solicitation available at this time. Please do not submit pricing when replying to the Sources Sought. Attached is a sample bid schedule and Performance Work Statement for review. SUBMISSION REQUIREMENTS: Interested firms must demonstrate their ability to perform the requested services, described above, by submitting a brief capabilities package (no more than three pages in length, single-spaced, 12-point font minimum). This documentation shall identify, at a minimum: (1) Company name, office location(s), CAGE Code, and as applicable a statement identifying small business category and current status of the small business classification. (2) Relevant experience within the last five years, including any contract number(s), names of individuals responsible for the referenced contracts/projects, and current telephone numbers for those individuals; if you were a subcontractor, identify the work you actually performed as the sub-contractor; and (3) If a small business, a statement identifying your firm’s ability to perform in accordance with FAR 52.219-14 Limitations on Subcontracting (CLASS DEVIATION 2021-O0008). (4) If a small business, a listing of TSDFs your firm would use during the performance of this contract, identifying each TSDF as similarly situated or not as your firm. (5) A statement identifying your firm’s ability to perform in accordance with the timeframes listed in Section 7.0 of the draft PWS OR a statement identifying alternative performance timeframes for the government’s consideration. The following are items in the PWS that DS believes may impact firm’s ability to meet the purpose of these contracts and welcome industry input on: Is a standard removal time of 20 business days following issuance of a written Task Order (TO) reasonable and conducive with your overall operations, assets, and resources? Is a minimum TO charge of $1,000 reasonable, given a fixed-price “Less Than Minimum TO” surcharge will be added to all TOs not meeting the $1,000 minimum based on disposal CLINs only? Since TOs will often consist of milk runs for removals at multiple locations, is the 200-mile maximum roadway distance between sequential removal locations on the same TO reasonable? Is it reasonable to allow the Government to add items to an open TO up to five (5) full business days prior to the scheduled removal time and date? Would your firm be more inclined to offer a competitive bid on an Eastern Regional contract, which would be the consolidation of the NE and SE regions? Would your firm be able and willing to designate a stateside Part B RCRA Permitted TSDF as a pickup location on this contract for inbound incinerable wastes coming from DLA Contractors in Hawaii, Guam, and Puerto Rico? Are there Contractor requirements identified in the PWS that could be changed to facilitate your competitive bid and potentially save the Dept of Defense money? Does your firm have any additional comments or suggestions that could help DLA Disposition Services to award a successful contract that will be favorable to all stakeholders? Your responses to these questions are greatly appreciated. They will be thoroughly considered for potential use to refine the forthcoming contract bid solicitations. The submittal package must be emailed to [email protected] with “SOURCES SOUGHT Regional HW Incineration” in the subject line. The submittal package must be received no later than 3:00pm EST on September 15, 2022. LATE RESPONSES WILL NOT BE ACCEPTED. Upon review of industry response to this Sources Sought, the Government will assess the feedback received in response to this announcement to determine the final requirements outlined in the draft Performance Work Statement and whether a set-aside acquisition is in the Government's best interest. If an unrestricted solicitation is issued, then the Class Deviation 2021-O0008 Limitations on Subcontracting would not apply. All responsible firms, including small businesses, are eligible to submit a proposal in response to an unrestricted solicitation. A response to this Sources Sought will not be considered an adequate response to any forthcoming solicitation announcement. The Government WILL NOT provide a debriefing on the results of the evaluation of responses provided to this sources sought announcement. No reimbursement will be made for any costs associated with providing information in response to this "sources sought" notice or any follow-up information requests. All information submitted will be held in a confidential manner but may be used to adjust the PWS requirements in solicitations that are anticipated to be issued as a result of this sources sought announcement.