Material Disposal combined synopsis
Added: May 29, 2013 7:03 pm
This is a combined synopsis/solicitation for commercial items and services prepared in accordance with the format in 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. The solicitation (2013-N-15650) is being issued as a Request for Proposal. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC), Number 2005-66. The associated North American Industry Classification System (NAICS) code is 562211. Size standard is $35.5 million. THIS IS A FULL AND OPEN COMPETITION. Offerors must be registered in the System for Award Management (SAM) at http://www.sam.gov, in order to be considered for award.This combined synopsis solicitation notice is a request for competitive proposals. This requirement is for Material Disposal Services as described in the Statement of Objectives (SOO) below and will result in award of one or more Fixed Price, Performance Based, indefinite delivery indefinite quantity (IDIQ) contracts, multiple awards are planned, see below for details. The term of the resulting IDIQ contract shall be five (5) years from the effective date of the IDIQ contract. A Government review of its requirements and the corresponding discounts for this IDIQ contract will be performed annually. A Government review of performance will be performed annually through CPARS. CPARS is the Contractor Performance Assessment Reporting System that reports to the Past Performance Information Retrieval System (PPIRS) which provides timely and relevant information on Contractor performance for use in source selection. All questions/inquiries must be submitted to the contract officer via electronic mail (e-mail) not later than 2:00 PM EST on June 7, 2013. Inquiries submitted via telephone calls will be re-directed to an e-mail submission. Submit offers and/or any questions to the attention of Lawrence McCoy via and Christine Godfrey email to: GWG8@cdc.gov and CNP9@cdc.gov respectively. Questions will be answered by 06/14/2013. Offers are due on June 28, 2013 2:00 PM EST. Offerors who fail to complete and submit the requirements of this combined synopsis/solicitation may be considered non-responsive. All proposals received prior to the RFP close date will be considered by the CDC. Late proposals will not be accepted.The Offeror's will provide pricing for CONUS region which includes the 48 contiguous United States, the State of Hawaii and the U.S. territory of Guam for the disposition of the total number of pallets below. It does not include the states of Alaska or any of the other U.S. territories.Applicable Contract Line Items:0001 Material Disposal Services - Year 1Disposal services as further described in the Statement of Objectives (SOO) and the successful offeror's proposals to meet requirements. Qty: 24,836 Total Pallets * Quantities are estimates only and are not guarantees of actual required quantitiesPeriod of performance: 9/26/2013 thru 9/25/2014This is an unfunded fixed price line item. Funding to be provided on subsequent orders issued under an IDIQ contract if awarded. 0002 Material Disposal Services - Year 2Disposal services as further described in the Statement of Objectives (SOO) and the successful offeror's proposals to meet requirements.Qty: 19,699 Total Pallets* Quantities are estimates only and are not guarantees of actual required quantitiesPeriod of performance: 9/26/2014 thru 9/25/2015This is an unfunded fixed price line item. Funding to be provided on subsequent orders issued under an IDIQ contract if awarded.0003 Material Disposal Services - Year 3Disposal services as further described in the Statement of Objectives (SOO) and the successful offeror's proposals to meet requirements.Qty: 17,657 Total Pallets* Quantities are estimates only and are not guarantees of actual required quantitiesPeriod of performance: 9/26/2015 thru 9/25/2016This is an unfunded fixed price line item. Funding to be provided on subsequent orders issued under an IDIQ contract if awarded.0004 Material Disposal Services - Year 4Disposal services as further described in the Statement of Objectives (SOO) and the successful offeror's proposals to meet requirements. Qty: 31,136 Total Pallets* Quantities are estimates only and are not guarantees of actual required quantitiesPeriod of performance: 9/26/2016 thru 9/25/2017This is an unfunded fixed price line item. Funding to be provided on subsequent orders issued under an IDIQ contract if awarded.0005 Material Disposal Services - Year 5Disposal services as further described in the Statement of Objectives (SOO) and the successful offeror's proposals to meet requirements. Qty: 32,070 Total Pallets* Quantities are estimates only and are not guarantees of actual required quantitiesPeriod of performance: 9/26/2017 thru 9/25/2018This is an unfunded fixed price line item. Funding to be provided on subsequent orders issued under an IDIQ contract if awarded.FAR Clauses 52.212-1 through 52.212-5 apply to this procurement. For the exact text and wording of clauses and provisions please see http://www.acquisition.gov/far/. The Government contemplates an award of a Firm Fixed Priced IDIQ contract as a result of this solicitation. The Federal Acquisition Regulation (FAR) provisions applying to this acquisition are as follows:52.204-752.212-152.212-352.212-4 Central Contractor Registration (Dec 2012)Instructions to Offerors - Commercial Items (Feb 2012)Offeror Representations and Certifications - Commercial Items (Dec 2012)Contract Terms and Conditions - Commercial Items (Feb 2012)52.232-25 Prompt Payment (Oct 2008)52.243-152.212-4 Changes - Fixed Price Alt II (Aug 1987)Contract Terms and Conditions-Commercial Items (Feb 2012) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Jan 2013) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). _X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). _X_ (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). __ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). _X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (11) [Reserved] __ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). __ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Jul 2010) of 52.219-9. __ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). __ (18) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). __ (ii) Alternate I (June 2003) of 52.219-23. __ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (21) 52.219-26, Small Disadvantaged Business Participation Program- Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). __ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). __ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). _X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). _X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). _X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212). _X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). _X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). _X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). __ (ii) Alternate I (Dec 2007) of 52.223-16. _X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __ (39) 52.225-1, Buy American Act-Supplies (Feb 2009) (41 U.S.C. 10a-10d). __ (40)(i) 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). __ (ii) Alternate I (Mar 2012) of 52.225-3. __ (iii) Alternate II (Mar 2012) of 52.225-3. __ (iv) Alternate III (Nov 2012) of 52.225-3. __ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). _X_ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). __ (48) 52.232-34, Payment by Electronic Funds Transfer-Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). __ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 351, et seq.). __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). __ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495). __ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). __ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (Jul 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.52.216-18 Ordering. (Oct 1995) (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 from _September 26, 2013________ through ____September 25, 2018________ . (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) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause)52.216-19 Order Limitations. (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, 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 __$3,000,000.00___________; (2) Any order for a combination of items in excess of __$3,000,000.00____________ ; or (3) A series of orders from the same ordering office within __10___________ 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 __5___ 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)52.216-22 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 the end of the contract.(End of clause)52.216-27 Single or Multiple Awards. (Oct 1995) The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation. (End of provision)52.217-8 Option to Extend Services. (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within _15 days____. (End of clause)52.223-3 Hazardous Material Identification and Material Safety Data. (Jan 1997) (a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract). (b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.Material (If none, insert "None") Identification No. ____________________ __________________ ____________________ __________________ ____________________ __________________ (c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous. (d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award. (e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data. (f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property. (g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material. (h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows: (1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to- (i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; (ii) Obtain medical treatment for those affected by the material; and (iii) Have others use, duplicate, and disclose the data for the Government for these purposes. (2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data. (3) The Government is not precluded from using similar or identical data acquired from other sources. (End of clause)The HHS Acquisition Regulations (HHSAR) provisions applying to this solicitation are as follows:352.202-1 Definitions. (January 2006)(a) In accordance with 52.202-1(a)(1), substitute the following as paragraph (a):‘‘(a) The term ‘‘Secretary'' or ‘‘Head of the Agency'' (also called ‘‘Agency Head'') means the Secretary, Deputy Secretary, or any Assistant Secretary, Administrator or Commissioner of the Department of Health and Human Services; and the term ‘‘his/her duly authorized representative'' means any person, persons, or board authorized to act for the Secretary.''(b) In accordance with 52.202-1(a)(1), add the following paragraph (h):‘‘(h) The term ‘‘Contracting Officer's Technical Representative" means the person who monitors the technical aspects of contract performance. The Contracting Officer's Technical Representative is not authorized to issue any instructions or directions which cause any increase or decrease in the Statement of Work/Performance Work Statement/Specifications which would result in the increase or decrease in the price of this contract, or changes in the delivery schedule or period of performance of this contract. If applicable, the Contracting Officer's Technical Representative is not authorized to receive or act upon any notification or revised cost estimate provided by the Contractor in accordance with the Limitation of Cost or Limitation of Funds clauses of this contract.''352.203-70 Anti-lobbying. (January 2006)Pursuant to the current HHS annual appropriations act, except for normal and recognized executive-legislative relationships, the Contractor shall not use any HHS contract funds for (i) publicity or propaganda purposes; (ii) the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television or video presentation designed to support or defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature itself; or (iii) payment of salary or expenses of the Contractor, or any agent acting for the Contractor, related to any activity designed to influence legislation or appropriations pending before the Congress or any State legislature.(End of clause)352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations (January 2010)(a) In addition to complying with the clause in FAR 52.222-26, Equal Opportunity, the Contractor shall, in good faith, cooperate with the Department of Health and Human Services (Agency) in investigations of Equal Employment Opportunity (EEO) complaints processed pursuant to 29 C.F.R. Part 1614. For purposes of this clause, the following definitions apply:(1) "Complaint" means a formal or informal complaint that has been lodged with Agency management, Agency EEO officials, the Equal Employment Opportunity Commission (EEOC), or a court of competent jurisdiction.(2) "Contractor employee" means all current Contractor employees who work or worked under this contract. The term also includes current employees of subcontractors who work or worked under this contract. In the case of Contractor and subcontractor employees, who worked under this contract, but who are no longer employed by the Contractor or subcontractor, or who have been assigned to another entity within the Contractor's or subcontractor's organization, the Contractor shall provide the Agency with that employee's last known mailing address, e-mail address, and telephone number, if that employee has been identified as a witness in an EEO complaint or investigation.(3) "Good faith cooperation" cited in paragraph (a) includes, but is not limited to, making Contractor employees available for: (i) formal and informal interviews by EEO counselors or other Agency officials processing EEO complaints; (ii) formal or informal interviews by EEO investigators charged with investigating complaints of unlawful discrimination filed by federal employees; (iii) reviewing and signing appropriate affidavits or declarations summarizing statements provided by such Contractor employees during the course of EEO investigations; (iv) producing documents requested by EEO counselors, EEO investigators, Agency employees, or the EEOC in connection with a pending EEO complaint; and (v) preparing for and providing testimony in hearings before the EEOC and U.S. District Court.(b) The Contractor shall include the provisions of this clause in all subcontract solicitations and subcontracts awarded at any tier under this contract.(c) Failure on the part of the Contractor or its subcontractors to comply with the terms of this clause may be grounds for the Contracting Officer to terminate this contract for default.(End of clause)352.223-70 Safety and Health (January 2006)(a) To help ensure the protection of the life and health of all persons, and to help prevent damage to property, the Contractor shall comply with all federal, State, and local laws and regulations applicable to the work being performed under this contract. These laws are implemented or enforced by the Environmental Protection Agency, Occupational Safety and Health Administration (OSHA) and other regulatory/enforcement agencies at the federal, State, and local levels.(1) In addition, the Contractor shall comply with the following regulations when developing and implementing health and safety operating procedures and practices for both personnel and facilities involving the use or handling of hazardous materials and the conduct of research, development, or test projects:(i) 29 CFR 1910.1030, Bloodborne pathogens; 29 CFR 1910.1450, Occupational exposure to hazardous chemicals in laboratories; and other applicable occupational health and safety standards issued by OSHA and included in 29 CFR Part 1910. These regulations are available at http://www.osha.gov/.(ii) Nuclear Regulatory Commission Standards and Regulations, pursuant to the Energy Reorganization Act of 1974 (42 U.S.C. 5801 et seq.). The Contractor may obtain copies from the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.(2) The following Government guidelines are recommended for developing and implementing health and safety operating procedures and practices for both personnel and facilities:(i) Biosafety in Microbiological and Biomedical Laboratories, CDC. This publication is available at http://www.cdc.gov/biosafety/publications/index.htm.(ii) Prudent Practices for Safety in Laboratories (1995), National Research Council, National Academy Press, 500 Fifth Street, NW., Lockbox 285, Washington, DC 20055 (ISBN 0-309-05229- 7). This publication is available at http://www.nap.edu/catalog/4911.html.(b) Further, the Contractor shall take or cause to be taken additional safety measures as the Contracting Officer, in conjunction with the Contracting Officer's Technical Representative or other appropriate officials, determines to be reasonably necessary. If compliance with these additional safety measures results in an increase or decrease in the cost or time required for performance of any part of work under this contract, the Contracting Officer will make an equitable adjustment in accordance with the applicable ‘‘Changes'' clause set forth in this contract.(c) The Contractor shall maintain an accurate record of, and promptly report to the Contracting Officer, all accidents or incidents resulting in the exposure of persons to toxic substances, hazardous materials or hazardous operations; the injury or death of any person; or damage to property incidental to work performed under the contract and all violations for which the Contractor has been cited by any federal, State or local regulatory/enforcement agency. The report shall include a copy of the notice of violation and the findings of any inquiry or inspection, and an analysis addressing the impact these violations may have on the work remaining to be performed. The report shall also state the required action(s), if any, to be taken to correct any violation(s) noted by the federal, State or local regulatory/enforcement agency and the time frame allowed by the agency to accomplish the necessary corrective action.(d) If the Contractor fails or refuses to comply with the federal, State or local regulatory/enforcement agency's directive(s) regarding any violation(s) and prescribed corrective action(s), the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action (as approved by the federal, State or local regulatory/enforcement agencies) has been taken and documented to the Contracting Officer. No part of the time lost due to any stop work order shall be subject to a claim for extension of time or costs or damages by the Contractor.(e) The Contractor shall insert the substance of this clause in each subcontract involving toxic substances, hazardous materials, or hazardous operations. The Contractor is responsible for the compliance of its subcontractors with the provisions of this clause. (End of clause)352.227-70 Publications and Publicity (January 2006)(a) Unless otherwise specified in this contract, the Government encourages the Contractor to publish the results of its work under this contract. A copy of each article the Contractor submits for publication shall be promptly sent to the Contracting Officer's Technical Representative. The Contractor shall also inform the Contracting Officer's Technical Representative when the article or other publication is published, and furnish a copy of it as finally published.(b) Unless authorized by the Contracting Officer's Technical Representative, the Contractor shall not display the HHS logo on any publications.(End of clause)352.231-71 Pricing of Adjustments (January 2001)When costs are a factor in determination of a contract price adjustment pursuant to the "Changes" clause or any provision of this contract, the applicable cost principles and procedures set forth below shall form the basis for determining such costs:Cost Principles Types of OrganizationsSubpart 31.2 of the Federal Acquisition Regulation CommercialSubpart 31.3 of the Federal Acquisition Regulation EducationalSubpart 31.6 of the Federal Acquisition Regulation State, local, and federally recognized Indian tribal governments45 CFR Part 74 Appendix EHospitals (performing research and development contracts only)Subpart 31.7 of the Federal Acquisition Regulation Other nonprofit organizations(End of clause)352.242-71 Tobacco-free Facilities (January 2006)In accordance with Department of Health and Human Services (HHS) policy, the Contractor and its staff are prohibited from using tobacco products of any kind (e.g., cigarettes, cigars, pipes, and smokeless tobacco) while on any HHS property, including use in personal or company vehicles operated by Contractor employees while on an HHS property. This policy also applies to all subcontracts awarded under the contract or order. The term ‘‘HHS properties'' includes all properties owned, controlled and/or leased by HHS when totally occupied by HHS, including all indoor and outdoor areas of such properties. Where HHS only partially occupies such properties, it includes all HHS-occupied interior space. Where HHS leases space in a multi-occupant building or complex, the tobacco-free HHS policy will apply to the maximum area permitted by both law and current lease agreements. The Contractor shall ensure that each of its employees, and any subcontractor staff, is made aware of, understand, and comply with this policy.(End of clause)CDC Policy CDC42.0001Contractor Performance Assessment Reporting System (CPARS) Requirements:In accordance with FAR 42.15, the Centers for Disease Control and Prevention (CDC) will review and evaluate contract performance. FAR 42.1502 and 42.1503 requires agencies to prepare evaluations of contractor performance and submit them to the Past Performance Information Retrieval System (PPIRS). The CDC utilizes the Department of Defense (DOD) web-based Contractor Performance Assessment Reporting System (CPARS) to prepare and report these contractor performance evaluations. All information contained in these assessments may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR 15.304 where past performance is an evaluation factor.The CPARS system requires a contractor representative to be assigned so that the contractor has appropriate input into the performance evaluation process. The CPARS contractor representative will be given access to CPARS and will be given the opportunity to concur or not-concur with performance evaluations before the evaluations are complete. The CPARS contractor representative will also have the opportunity to add comments to performance evaluations.The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described in the guides on the CPARS website. Refer to: www.cpars.gov for details and additional information related to CPARS, CPARS user access, how contract performance assessments are conducted, and how Contractors participate. Access and training for all persons responsible for the preparation and review of performance assessments is also available at the CPARS website.The contractor must provide the CDC contracting office with the name, e-mail address, and phone number of their designated CPARS representative who will be responsible for logging into CPARS and reviewing and commenting on performance evaluations. The contractor must maintain a current representative to serve as the contractor representative in CPARS. It is the contractor's responsibility to notify the CDC contracting office, in writing (letter or email), when their CPARS representative information needs to be changed or updated. Failure to maintain current CPARS contractor representative information will result in the loss of an opportunity to review and comment on performance evaluations.Provide the current CPARS representative information below._______________________________________PRINT OR TYPE NAME_______________________________________EMAIL ADDRESS AND PHONE NUMBER[End of Provision]Ordering Procedures:(a) All delivery/task orders will be placed against the IDIQs, in writing and signed by a warranted Government Contracting Officer, via facsimile or e-mail. Individual delivery/task orders shall define the task along with delivery or performance time frames and shall establish a firm-fixed price or ceiling price for the task.(b) Telephone or other verbal orders are not authorized under the IDIQs unless issued by a duly warranted Government Contracting Officer on an emergency basis.(c) Except for any limitations on quantities in the Order Limitations clause, 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 that exceeds twelve (12) months following the end of the period of performance of the contract.(End of Clause)Award of Task Orders:The Offerors will be requested to submit proposals on a rotational basis by individual task orders. Extenuating circumstances such as familiarity with a site or specialized skills may dictate that a particular offeror be chosen out of order at the discretion of the Contracting Officer (CO).The fair opportunity process will operate as follows:a. Task Orders - General:(1) A written task order, in accordance with the terms and conditions set forth herein, shall be the only basis for acquisition of services under the IDIQs.(2) Orders will be placed directly with the Contractor by CDC Contracting Officers on a rotational basis.(3) Some orders may be subject to "Fair Opportunity Exceptions" as described below.(4) The Contractor shall be responsible for performance in accordance with the terms and conditions of the IDIQ when a Task Order is placed by a CDC Contracting Officer.(5) In accordance with FAR 16.505, Task Orders placed under any resultant IDIQ need not be synopsized.(6) Contractors may not protest the award of the Task Order issued under the resultant IDIQs, except on the grounds that the order increases scope, period, or maximum value of the IDIQ.Fair Opportunity Exceptions:The requirement for "fair opportunity" does not apply to orders under $3,000.00 or to orders above $3,000.00 where the Contracting Officer determines that:a. The need for the services is of such urgency that providing such opportunity would result in an unacceptable delay;b. Only one contractor is capable of providing the services required at the level of quality required because the services are unique or highly specialized;c. The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to an order already issued provided that all awardees were given a fair opportunity to be considered for the original order.(End of clause)All orders will be awarded on a Firm-Fixed Price basis using rates proposed similar to those illustrated in the Section marked "Processing of Pharmaceuticals" below, less any discounts made available to the government.Based on the number and quality of the proposals received, the government anticipates multiple awards, awarding up to six (6) IDIQ contracts, but the exact number of awards may vary.The Price to the Government for the services provided shall be determined for each order based on the pricing contained within the subsequent IDIQ contract, less any additional discounts that may be proposed on individual orders.The term of this IDIQ contract shall be five (5) years from the effective date of award. It is estimated that over the five (5) year period the total dollar volume for all of the IDIQ orders under the contract will not exceed $33,000,000.00 in aggregate and no single order should exceed $3 million, unless agreed to by both parties. Individual IDIQ contracts in the awarded suite may have individual estimates that are less than the aggregate estimate of $33 million over 5 years. This amount is estimated at the time of issuance of this IDIQ contract and does not represent the guarantee that any purchases will be made. Neither does this estimate represent a ceiling for the amount of purchases that are made beyond the minimum, and may be exceeded if such action is determined to be in compliance with federal law by the agency ordering official. A Government review of its requirements and the corresponding discounts for this IDIQ contract will be performed annually.Processing of Pharmaceuticals (PLEASE COMPLETE)Off-Site Processing of Returnable Pharmaceuticals CONTRACT UNIT YEAR PRICE Year 1 % of Actual Return Value Year 2 % of Actual Return Value Year 3 % of Actual Return Value Year 4 % of Actual Return Value Year 5 % of Actual Return ValueOn-Site Processing of Returnable Pharmaceuticals CONTRACT UNIT YEAR PRICE Year 1 % of Actual Return Value Year 2 % of Actual Return Value Year 3 % of Actual Return Value Year 4 % of Actual Return Value Year 5 % of Actual Return Value Disposal of Non-Returnable Non-Hazardous PharmaceuticalsCONTRACT YEAR UNIT PRICEYear 1 LB 0.00Year 2 LB 0.00Year 3 LB 0.00Year 4 LB 0.00Year 5 LB 0.00Disposal of Non-Returnable Hazardous PharmaceuticalsCONTRACT YEAR UNIT PRICEYear 1 LB 0.00Year 2 LB 0.00Year 3 LB 0.00Year 4 LB 0.00Year 5 LB 0.00 Disposal of Other Material and Non-Pharmaceuticals CONTRACT YEAR UNIT PRICEYear 1 LB 0.00Year 2 LB 0.00Year 3 LB 0.00Year 4 LB 0.00Year 5 LB 0.00Delivery location of service is at multiple locations within the United States, the State of Hawaii and the U.S. territory of Guam. Contract financing is NOT provided for this acquisition.Offerors must submit representations and certifications in accordance with the provision at FAR 52.212-3 Offeror Representations and Certifications-Commercial Item. (Accessible at the FAR Site, http://www.acquisition.gov/far/)The Government intends to evaluate offers and reserves the right to award an IDIQ contract without discussions. Therefore, the initial offer should contain the offeror's best terms from a technical and price standpoint. Submit the following documents in response to this RFP in two separate documents (Volume 1-Technical Proposal and Volume 2-Business Proposal) accordance to the attached proposal instructions:a. Proposal Cover Page (Appendix A)b. Technical Capability Proposal (Instructions at Appendix B)c. Business (Price) Proposal (Instructions Appendix C)Business Proposal EvaluationThe Offeror's written cost proposal will be evaluated to ensure compliance with business proposal submission requirements and to determine that the price is fair and reasonable. The Government reserves the right to reject any proposal that includes any assumption or condition that adversely impacts the Government s requirements, or does not provide sufficient documentation to properly support the basis of its proposed pricing. Length of Technical ProposalThe technical proposal should succinctly address the requirements alone and shall not exceed 30 pages in length (single spaced in a standard 12-point font such as Times New Roman). Appendixes including Performance Work Statement, staffs CV's, cover pages, tables of contents, and lists of figures and diagrams do not count against the maximum length of 30 pages.Prospective offerors shall include a proposed performance work statement (PWS) in response to the Statement of Objectives (SOO) in a technical proposal that describes how the services will be provided to meet the government's material disposal requirements.Proposals must include: proposing company's name, address and phone; point of contact's name, phone, and email; proposal date; proposal number; total price; identify any discounts; how long the proposal is valid (minimum of 60 days). Proposal price shall be FOB DESTINATION. Proposals must identify payment terms (Net 30 or better). Offerors must submit one (1) original and (2) copies in paper media along with one (1) electronic version (CD-ROM in MS Word or Adobe PDF Format) of your proposal to: Centers for Disease Control and Prevention (CDC)Procurement and Grants Office (PGO)2920 Brandywine Rd., K-69Atlanta, GA 30341-5539Attn: Lawrence R. McCoy GWG8@CDC.GOVSolicitation No. 2013-N-15650(1) The solicitation, proposals and modifications to proposals shall be submitted in sealed envelopes or packages(i) addressed to the office specified in the solicitation, and(ii) showing the time and date specified for receipt, the solicitation number, and the name and address of the offeror. Offerors using commercial carriers should ensure that the proposal is marked on the outermost wrapper with the information in paragraphs (c) (1) (i) and (c) (1) (ii) of this provision.(2) The first page of the proposal must show -(i) The solicitation number;(ii) The name, address, and telephone and electronic address;(iii) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;(iv) Names, titles, and telephone and facsimile numbers (and electronic addresses if available) of persons authorized to negotiate on the offeror's behalf with the Government in connection with this solicitation; and(v) Name, title, and signature of person authorized to sign the proposal. Proposals signed by an agent shall be accompanied by evidence of that agent's authority, unless that evidence has been previously furnished to the issuing office.(d) Offerors are requested to submit proposals, to the maximum extent possible, on high grade white paper which can be recycled.(e) Facsimile proposals are not authorized for this solicitation.(g) The Government will evaluate proposals in accordance with the evaluation criteria set forth in the Evaluation Factors for Award.The Government intends to award firm fixed price (FFP) IDIQ contract(s) of non-personal service resulting from this solicitation to the responsible offeror(s) whose proposal is the best value to the Government. The Government intends to award without discussions and the Government reserves the right not to make an award at all. By submitting a proposal, the offeror acknowledges the requirement that potential awardees must be registered in the sam.gov prior to award. All non-price factors when combined (i.e., technical capability and past performance) are significantly more important than price.Evaluation Factors for Award: The Government will perform a qualitative technical review of proposals. The technical evaluation will be performed in accordance with the following criteria:Criteria Value of CriteriaTechnical Approach __30Management and Staffing Plan __10Relevant Experience Evaluation __30Corporate Capabilities __30 Total Score 100Technical ApproachThe Offeror shall submit a detailed and comprehensive Performance Work Statement to include a Quality Assurance Plan for the project to demonstrate complete understanding of the scope of work. The Offeror may include examples of other similar projects they have undertaken and achieved to document this understanding. The Offeror is to provide a discussion of their technical approach for providing the services required for this criterion. Provide a clear and concise overview and summary of the steps needed to complete the project from beginning to end, and how you will organize the work. The proposed approach must comply with each of the requirements specified in the Statement of Objectives, including phasing of tasks, methods to be utilized, and person hours. The offeror should specify equipment, methods and materials required to perform the requirements of the RFP as outlined in the SOO. This criterion will be evaluated according to the soundness, practicality, and feasibility of the offeror's technical approach for providing the services required for this criteria.Management and Staffing PlanThe purpose of the management plan is to describe the offeror's approach in detail to the performance management of its employees. The offeror shall present a general plan for organizing and managing tasks included in the proposal. The plan shall indicate roles and responsibilities of named staff and their assignments to complete the scope of work. If any support is needed to complete the scope of work by subcontractors, this should be described. The offeror shall present a clear and concise plan for staffing, organizing and managing tasks included in the proposal. The plan shall indicate roles and responsibilities of named staff and their assignments to complete the scope of work. This criterion will be evaluated according to the soundness, practicality, and feasibility of the offeror's staffing plans, management plans, and experience for this criteria.Relevant Experience EvaluationThe offeror will provide a clear and concise summary of the organizations relevant capacity, capabilities, and experience in providing material disposal services for pharmaceuticals and non-pharmaceuticals.This criterion will be evaluated according to the organization's evidence of timely, relevant and substantive successful experience in the following focus areas: (1) Knowledge of pharmaceutical re-distribution, and (2) Past success in maximizing the percentage of return item value back to the government. Corporate CapabilitiesThe contractor shall provide a clear and concise summary of your organization's capacity, capabilities, and experience to successfully execute the requirements of the RFP as outlined in the SOO. If any support is needed to complete the scope of work by subcontractors, this should be described. This criterion will be evaluated according to the demonstrated corporate capability as presented in the offeror's proposal for providing the services required for this criterion.Business Proposal EvaluationThe Offeror s written cost proposal will be evaluated to ensure compliance with business proposal submission requirements and to determine that the price is fair and reasonable. The Government reserves the right to reject any proposal that includes any assumption or condition that adversely impacts the Government s requirements, or does not provide sufficient documentation to properly support the basis of its proposed pricing.Past Performance Offerors are to describe their past, relevant experience in providing support to a Government. At a minimum, the summary shall discuss organizational systems (i.e., quality control, costs, costs control, timeliness) relevant to the tasks required for this project within the past three years. The Offeror should also provide evidence of corporate commitment to quality control.The offeror's proposal should include information on previous work (e.g., contracts, cooperative agreements, grants, etc.) involving substantively similar work. The information should include: (1) location and nature of the work (contract/cooperative agreement number, etc.); (2) project start and end dates (end date is not required if project is ongoing); (3) monetary value of the contract or cooperative agreement; (4) names, titles, and phone numbers of customers to be consulted as references; (5) where previous work for CDC or other federal agencies Centers/Institutes/Offices is cited, the offeror should identify the sponsor (including the names of the Project and Contracting Officers, and their contact information).Statement of Objectives (SOO)The Strategic National Stockpile (SNS) is the Nation's repository for medical supplies, drugs, vaccines and other related equipment. The SNS exists to re-supply state and local emergency medical responders in disaster events, especially biological or chemical terrorism. The SNS is stored at multiple locations to ensure rapid delivery to areas in need. The purpose of this initiative is to establish IDIQ contract(s) with reverse distributors, hereafter referred to as the Contractor, capable of assisting the Centers for Disease Control and Prevention, Division of Strategic National Stockpile (SNS), in achieving removal and disposal of pharmaceutical and non-pharmaceutical waste while remaining in compliance with all applicable regulation related to hazardous waste handling. The efficient returns processing method where outdated or no longer required pharmaceuticals and non-pharmaceuticals are disposed of by a reverse distributor will reduce the cost of disposal and assure that the public is fully protected. The contract will include the 48 contiguous United States, the State of Hawaii and the U.S. territory of Guam. It does not include the states of Alaska or any of the other U.S. territories. The Government's need for on-site and off-site processing function is imperative to assure optimum inventory control.OBJECTIVE: The contractor shall dispose of pharmaceutical and non-pharmaceutical waste on a monthly basis and provide all applicable forms and labels needed to ship designated products to the contractor s processing facility. This waste consists of both pharmaceuticals that cannot be returned to the vendor for credit and pharmaceuticals that can be returned to the vendor for credit.OBJECTIVE: Contractor shall ensure DSNS achieves maximum credit return, while in conformance with practices and procedures that conform to all existing and applicable laws and regulations of the United States including, but not limited to: the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor at 29 CFR 1910 et. seq., the U.S. Food and Drug Administration at 21 CFR Parts 1 through 1299, the U.S. Drug Enforcement Administration at 21 CFR Parts 1300 through 1321, U.S. Environmental Protection Agency (EPA) hazardous waste regulations in 40 CFR Parts 260 et. seq., U.S. Department of Transportation (DOT) hazardous materials regulations in 49 CFR Parts 100 et. seq. and the laws, ordinances, and regulations of any state, county, parish, township, or municipal subdivision thereof or other governmental agency which may be applicable to the management, handling, storage, removal, and disposal of pharmaceutical waste.For destruction of all Pharmaceutical, Biologics and non-pharmaceutical, the contractor shall have a representative to verify all lots, descriptions and quantities prior to contractor pick-up.OBJECTIVE: The contractor shall have the capacity and capability to increase pharmaceutical, Biologics and non-pharmaceutical waste pickups and disposal during a public emergency situation.OBJECTIVE: Waste pickups from the determined pick up location must have a timeline less than 7 days unless informed otherwise by the Government Contracting Officer, COR, or other authorized Government Persons.OBJECTIVE: The contractor shall identify recyclable materials and recycle them appropriately. Returns to be processed will cover expired or soon to be expired pharmaceutical items no longer required. Facilities are located throughout the 48 contiguous United States, the State of Hawaii and the U.S. territory of Guam. It does not include the states of Alaska or any of the other U.S. territories. Returns may include Schedule II - V controlled substance.REQUIRED: A Certificate of Destruction for all pharmaceutical and non-pharmaceutical waste shall be submitted within thirty (30) days after destructions.It is estimated that over the five (5) year period the total dollar volume of this IDIQ contract will not exceed $33,000,000.00 in aggregate and no single order should exceed $3 million, unless agreed to by both parties. The Government shall place orders totaling a minimum of $3,000.00 over the life of the IDIQ contract. The maximum amount of all orders issued and awarded over the 5 year period of performance shall not exceed the aggregate or single order amount. The maximum ceiling amount of this IDIQ contract may be increased to accommodate additional needs of the CDC that are within the scope of the IDIQ contract. Additionally, the CDC reserves the right to adjust the maximum values among performance periods and domains if such action is determined to be in compliance with federal law by the agency ordering official.ITEMS QUALIFYING FOR MANUFACTURER'S RETURNThe Contractor shall obtain and complete all manufacturers' return authorization forms. If it is the manufacturer's policy to send these forms directly to the returning facility, the Contractor shall be responsible for ensuring that the required forms are provided to the return facility in a timely manner. The returning facility in turn will forward the return authorization forms to the Contractor. For all items that qualify for manufacturer's return, the Contractor shall provide the DSNS a report stating the Estimated Return Value (ERV) of those items. The ERV will be used by the customer and the Contractor as an estimate only. The payment of return fees to the Contractor shall be based solely on the Actual Return Value (ARV) obtained from the manufacturer. Note: There may be instances where more favorable return good policies have been negotiated on Federal contracts. In order to take advantage of more favorable return policies, it will be the Government's responsibility to provide a copy of the negotiated agreement(s) to the Contractor.The Contractor is encouraged to establish a working relationship with each returning facility to ensure maximum credit receipt and reduce the cost of returning non-returnable items. The Contractor shall be responsible for contacting the manufacturer to assist in resolving issues of inadequate or non-payment of outstanding credits. Credit may be issued in the form of credit memo (preferred method), exchange one for one, or exchange for other items of equal value. Product replacement or exchange is DSNS's least desired method of reimbursement. Credit memos are to be issued through the returning facilities' respective Prime Vendor and must make reference to the customer account number and/or appropriate invoice number to facilitate the tracking process. If a manufacturer will not provide credit to a facility's PV account, or product exchange, then a check would be accepted. The check should be made payable to the U.S. Treasury. The contractor shall only be required to forward information to the Government that is provided from manufacturers and pharmaceutical return companies. The contractor shall not be required to do any additional research or inquiries to obtain missing data.ITEMS WHICH DO NOT QUALIFY FOR RETURN TO MANUFACTURERThe contractor shall list those items designated for disposal on a disposal manifest. This list shall include at a minimum, the contract number, product name, National Drug Code (NDC) or catalog number, quantity, total estimated return value, and reason for non-eligibility for credit. Separate manifests shall be provided for the disposal of Schedule II - V controlled substances and when disposing of hazardous waste products as defined by the EPA Resource Conservation and Recovery Act (RCRA) regulations. A Certificate of Destruction including the disposal date, destruction method, destruction location, disposal company name and proof of destruction affidavit shall be provided to the returning facility upon completion of destruction. All Manifests shall be provided to the returning facility within 30 calendar days of Contractor's item receipt, with the exception of the Certificate of Destruction/Affidavit which shall be provided within 30 days of the completion of destruction. Shipments to the Contractor that require transport to the disposal location must be done via approved and licensed vehicles in accordance with federal, state, and local laws and regulations where the processing will be completed. Contractor spills or releases of toxic hazardous substances into the environment will be reported to the returning facility immediately.PAYMENTSThe payments shall not be made until credits are received and shall be based on the actual credits, not estimated or anticipated credits, thereby increasing the contractor's incentive to obtain maximum credit amounts. The payments to the reverse distributor for both their return and disposal services will be paid by the pharmaceutical Prime Vendor from the manufacturer credits received. The exact payment amount to be tendered shall be addressed in a separate agreement between the Contractor and the Prime Vendor and may include a reasonable administrative fee charged by the Prime Vendor from the MTF credit account.ORDERINGThe contractors shall setup an 800 number and a web-based ordering system that each customer can access to submit a work order. At a minimum, the system shall include entry fields for Facility Name, Address, City, State, Zip Code, Contact Name, Phone Number, E-mail, DEA Number, Desired Pickup Date, Description of Returns and estimated quantity. Each order will be assigned a unique identifier that will be used to track this order until completion and assist with the financial records.CONTRACTOR QUALIFICATIONS REQUIREMENT FOR CONTRACTOR LICENSESThe Contractor and all Subcontractors shall maintain all necessary licenses, permits and certifications required by the Resource Conservation and Recovery Act, Clean Air Act, Clean Water Act and Occupational Safety and Health Administration as issued by Federal and State Governments and all licenses and permits required by local agencies for reverse distribution operations. All vehicles shall have proper State and Federal Department of Transportation (DOT) licenses necessary to transport hazardous wastes for each jurisdiction in which they will be operating to full this contract.CONTROLLED MATERIALSOnce product has been identified for destruction the Contractor shall send a representative to the DSNS facility to verify all lots, descriptions and quantities prior to contractor pickup. The Contractor shall prepare all material for shipping. Each box shall have a copy of the inventory placed inside. Coordination with local transportation assets remains the responsibility of the activity involved. The Contractor shall provide all instructions, applicable forms, and labels needed to ship designated items to the Contractor's processing facility.Local area activities are responsible for all costs associated with transportation until their material reaches the Contractors processing facility. At that time, the Contractor shall become responsible for all transportation costs. BIOLOGIC MATERIALOnce product has been identified for destruction the Contractor shall send a representative to the DSNS facility to verify all lots, descriptions and quantities prior to contractor pickup. DSNS Warehouse Manager and Contractor Representative will inventory the product confirming required information. REPORTING REQUIREMENTSThe Contractor shall be responsible for providing a cost estimation report, a monthly inventory, a quarterly and annual summary of all materials picked up for disposal per facility and a Bi Annual Hazardous Waste Report. At a minimum, the report shall include the following:1. List of items received from DSNS and identify Disposed or Reverse Distribution 2. Address pickup3. Date4. Item description5. NDC/Part #6. Unit of Measure7. Lot #Controlled and Biologic material will be provided on a separate report with the same information as above. The Contractor will provide a Proof of Destruction Certificate within 30 days of receipt for all controlled material to the COR.Quality Assurance Surveillance Plan (QASP)A detailed plan that outlines procedures of how the Government quality assurance surveillance of the contract tasks set forth in the contractor's PWS will occur. The plan outlines the methods that will be used to ensure that the Government receives the services for which it contracted. The Government pays only for the services it receives.A Monthly Report submitted electronically to the COR identifying the cost savings from Reverse DistributionAn Annual Report submitted electronically shall reflect the same information as the monthly report broken down by months with ending yearly total.Non-Disclosure Agreements shall be signed by all Contractor personnel that are involved in administering this IDIQ contract.
2013-N-15650 Department of Health and Human Services Centers for Disease Control and Prevention Office of Acquisition Services
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