THE INTENT OF THIS SOURCES SOUGHT IS TO IDENTIFY QUALIFIED SMALL BUSINESSES, specifically 8(a), HUBZone, woman-owned, and service-disabled veteran-owned small businesses, for the requirement described below.  The intent of this Sources Sought is to identify capable small business that can perform with limitations on subcontracting.

The Scope of Work will consist of the removal, transportation, and disposal of Resource Conservation and Recovery Act (RCRA) hazardous wastes, non-RCRA wastes, State-Regulated wastes, Non-State Regulated wastes, Universal Wastes, Compressed Gases, Polychlorinated Biphenyls (PCBs), and Per- and Polyfluoroalkyl Substances (PFAS) located on or around military installations or within a 50-mile radius of any pickup location listed on the Pickup Locations Table (Attachment 3) Camp Pendleton, CA. All services necessary for the collection, storage, processing, removal, transportation, final treatment and disposal of waste shall be in accordance with all local, state, Department of Defense, and Federal laws and regulations.

 FAR 52.52.219-14 Limitations on Subcontracting (DEVIATION 2021-O0008) 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 TSDFs (Treatment, Storage, Disposal Facilities) in the industry as large businesses.  All TSDFs used during the performance of this contract must be approved and listed on the 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.   

The U.S. Government intends to solicit and award a Firm-Fixed Priced (FFP), Indefinite Delivery Indefinite Quantity (IDIQ), type contract. The contract is anticipated to have a 30-month base period and one 30-month option period.  The North American Industry Classification Standard (NAICS) Code is 562211 (Hazardous Waste Treatment and Disposal).  The size standard of this NAICS code is $47M.  There is no solicitation available at this time, however, attached is the draft price schedule or PWS that firms responding to this Sources Sought should use to help determine if they would be able to meet the Limitations on Subcontracting Deviation requirements. 

IF YOUR FIRM IS CAPABLE OF PERFORMING THE REQUESTED SERVICES, WITHOUT THE LIMITATIONS ON SUBCONTRACTING, THE CAPABILITIES PACKAGE DETAILED BELOW IS NOT REQUIRED.  In accordance with FAR 6.101(a), with certain limited exceptions, contracting officers shall promote and provide for full and open competition in soliciting offers and awarding Government contracts.  If your firm would like to respond to this Sources Sought, but is unable to meet the limitations on subcontracting, please email EMAIL@dla.mil with “SOURCES SOUGHT LOCATION” in the subject line, stating your firms’ Notification of Interest (see submission requirements).

 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 a statement identifying small business category and current status of the small business classification;
2. Relevant experience within the last five years, including description of the work you performed and how it relates to the scope of work identified above, 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. 
3. A statement identifying your firm’s ability to perform in accordance with FAR 52.219-14 Limitations on Subcontracting (CLASS DEVIATION 2021-O0008), as well as an explanation of how you would be able to comply with this requirement if you are a small business of any type considering the disposal requirements within the draft price schedule that is anticipated to be included in the contract; (note: large business respondents do not need to address this). 
4. A listing of TSDFs your firm would use during the performance of this contract, identifying each