15DDHQ20R00000014 HAZMAT SVC conformed to amendment 0001.pdf

DRUG ENFORCEMENT ADMINISTRATION (DEA)

OFFICE OF ACQUISITION & RELOCATION MANAGEMENT

Hazardous Waste Collection, Transportation, Disposal and Destruction REQUEST FOR PROPOSAL (RFP or “solicitation”)

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15DDHQ20R00000014

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

D-19-SS-0143

5. SOLICITATION NUMBER

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2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Mr. James Helm james.helm@usdoj.gov

b. TELEPHONE NUMBER (No collect calls)

(202) 307-4054

8. OFFER DUE DATE / LOCAL

TIME

CODE 15DDHQ

DEA

Attn: Office of Acq & Relo Mgmt (FA) 8701 Morrissette Drive Springfield, VA 22152

9. ISSUED BY UNRESTRICTED OR Partial SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 562112

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB RFP

14. METHOD OF SOLICITATION

CODE15. DELIVER TO

SEE LIST OF GEOGRAPHIC AREAS

& INDIVIDUAL TASK ORDERS

CODE 15DDHQ16. ADMINISTERED BY

DEA

Attn: Office of Acq & Relo Mgmt (FA) 8701 Morrissette Drive Springfield, VA 22152

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

D-HQCODE18a. PAYMENT WILL BE MADE BY

DEA

Attn: Office of Forensic Sciences (SS) Invoice.Forensic@usdoj.gov Springfield, VA 22152

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Request for Proposals for Chemical and Waste collection, transportation, disposal, and destruction services including Authorized Central Storage (ACS) Pickup IAW the terms and conditions of this solicitation. Government anticipates awarding one or more IDIQs for Region 3 of the United States. (four areas covering 12 States) Three of the four areas within the region are open to all (unrestricted) and one area (OH, MI) is set-aside for Small Business Offerors only

See Continuation Sheet(s)

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

Burke, Ryan F.

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

6/26/2020

07/15/2020 11am Eastern Std time x

X

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Partial Set Aside

$38.5M

X

X

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCOPE OF SERVICES

The Government intends to award one or more indefinite delivery, indefinite quantity (IDIQ) contracts for hazardous waste collection, transportation, disposal and destruction services within areas A-D of DEA geographic region three. The scope of services includes all necessary labor, supplies, equipment and materials as specified in section C, Statement of Work for each region summarized below (See appendix E for break-out of generating facilities within each contract area).

1 Geographic Region with 4 Areas See Appendix E for detailed list of Generating Facilities within each area

Region Code Contract Areas

Region 3 – Unrestricted portion of Partial Small Business Set-Aside

MC-3A Mid Continental Region (Area A) This region includes the generating facilities located within the entire states of North Dakota, South Dakota, Nebraska, Minnesota and Iowa.

MC-3B Mid Continental Region (Area B) This region includes the generating facilities located within the entire states of Kansas and Missouri.

MC-3C Mid Continental Region (Area C) This region includes the generating facilities located within the entire states of Wisconsin, Illinois and Indiana.

MC-3D Mid Continental Region (Area D) This region includes the generating facilities located within the entire states of Michigan and Ohio

This Area of region 3 is set-aside for small business

B.2 MAXIMUM VALUE AND GUARANTEED MINIMUM

The maximum value for each of the IDIQ contract(s) (inclusive of the aggregate price of all task orders issued) shall not exceed $7M (the sum of the estimated total price of all CLINs—quantities are estimates only). The guaranteed minimum under each IDIQ awarded is $5,000.00, which is intended to be awarded within the base year, but may be awarded anytime within the life of the contract.

B.3 CONSIDERATION AND PAYMENT

Services shall be obtained by issuance of Task Orders. Task Orders shall be issued in accordance with the Section G clause entitled “Task Orders.” The Fixed Price (ceiling) amount of each task order shall be based on the applicable Fixed Unit Prices awarded under the base IDIQ contract for the appropriate region, even if the task order is later modified for any reason and/or performance under the task order crosses into another performance period. The maximum quantities listed in the Schedule of Supplies/Services of the contract represent possible quantities that may be ordered, but the quantities are not guaranteed. The aggregate dollar amount of all task order funding obligations over the life of each contract awarded shall not exceed the maximum value specified in B.2, Maximum Value and Guaranteed Minimum. See Appendix A for the price schedule required for each area within the Region proposed

B.4 SCHEDULE OF PRICES

The unit prices for the base and option years within the base IDIQ shall be defined by the appropriate schedule for the region. See “Appendix A -Prices/Rates” as follows:

Appendix A3 – Mid-Continental Region MC3 (A-C)

Appendix A3 – Mid-Continental Region MC3 (D) Offerors are reminded that they must submit a separate copy of Appendix A for each area within the region they are proposing under. Appendix A submittals may be included on the same spreadsheet, if separated on different tabs. As such a Small business must provide four separate Appendix A submittals, one each for Areas A-D. Large businesses proposing on only areas A-C must provide three separate Appendix A submittals.

(Next Page)

SECTION C – STATEMENT OF WORK

A. BACKGROUND

The Drug Enforcement Administration (DEA) and Federal Bureau of Investigation (FBI) generate various types of waste due to the normal course of operation at their facilities. State and local law enforcement that participate in the Authorized Central Storage (ACS) program also generate waste from seizing illegal clandestine drug laboratories. These state and local law enforcement personnel will characterize, package, and transport waste to various ACS sites for safe storage. DEA is responsible for administrating and facilitating these contract(s) for the pickup, transportation and disposal of the ACS generated waste.

The waste generated includes: hazardous waste; non-hazardous waste chemicals; occasional controlled substance contaminated waste and medical waste (e.g. sharps, biohazard wastes). For the purposes of this contract, municipal solid waste and recycling (e.g. paper, plastic, glass, etc.) are not included in the contract.

The various wastes are generated and stored at the various ACS container sites, DEA and FBI facilities (Appendix E). These facilities are not limited to an office environment and may include laboratories, training facilities or airports.

B. SCOPE OF WORK

The contractor shall provide the DEA and FBI with hazardous waste disposal services, including all necessary labor, supplies, equipment and materials for lab pack and bulk waste streams. The contractor shall be required to arrange for proper pick-up, packaging, transportation, storage, and disposal of waste in accordance with all applicable Federal, State and local rules and regulations.

Universal Waste shall be recycled for reuse while all medical and controlled substance (as defined in 21 CFR) contaminated waste shall be treated by thermal destruction. The vendor must provide a final manifest to the COR for all waste picked up at the ACS sites or generating facilities. The vendor may be requested by the Government to have waste samples analyzed to confirm if they are regulated hazardous waste. The contractor shall retrieve waste from inside all sites of the DEA, state and local law enforcement and FBI where waste is either generated or stored. Any listed chemical (as defined in 21 CFR) or precursor identified by a DEA, FBI or law enforcement representative shall be adulterated or rendered non-retrievable.

The contractor must be appropriately licensed and/or permitted to perform the work described in this Performance Work Statement. The contractor must be an established and recognized provider of the same services with adequate capacity, personnel, and facilities to perform the work (Appendix D).

The contractor, its agents, employees, and any subcontractors must have a satisfactory record of performance and compliance with all applicable Federal, State and local rules and regulations concerning the handling, packaging, treatment, transportation, storage, and disposal of hazardous waste.

The contractor must also obtain all permits and other forms of documentation required in order to ensure compliance with the laws and regulations of any Federal, state or local government. The contractor must have an established program for background investigations and drug screenings on its employees.

C. TASKS

C.1 Classification, Identification, Manifesting, and Labeling of Waste

All waste shall be appropriately classified, packed and manifested for off-site disposal at permitted facilities within the United States. This shall be done in compliance with all applicable Federal, State and regulations. The contractor shall consult with and defer to the Contracting Officer’s Representative (COR), task monitor or on site representative for questions.

The ACS sites and generating facilities shall provide a list of waste to the contractor, in order to facilitate pricing and special packaging considerations. A shipping paper will be provided to the contractor for all ACS site pickups. All labels, markings, paperwork, packing material, waste profiles, manifests, etc. are to be furnished by the contractor. All regulatory paperwork will be reviewed by the onsite law enforcement, DEA or FBI representative prior to signing.

C.2 Contractor Personnel Access

Contract employees shall be escorted and supervised by a DEA, FBI, or State and Local Law Enforcement representative at all times while performing work at an ACS site or generating facility.

Any required security forms shall be submitted to the COR prior to the commencement of any contractual activity. Additionally, the Contractor shall not utilize the services of a new employee until notified by the COR. Security checks are required for the following individuals:

Company Owner or designated Contract Manager (Key Personnel)

• Contract employee that possesses a strong background in contract management and acts as the primary liaison to the COR

• Coordinates the hazardous waste pickup schedule

• Responsible for ensuring all necessary regulatory paperwork is provided to the customer

• Notifies COR of any spills or enforcement actions

Technician (Driver and/or Waste Handler)

• Contract employees that are responsible for the handling, packaging, and manifesting waste removed from the ACS site or generating facility.

• Transports all waste in compliance with all federal, state and local transportation regulations.

C.3 Pick-Up

Contractor will work with the COR and/or the designated facility representative to establish specific dates for removal of the hazardous waste at the time a Task Order is awarded. All waste shall be picked up within 15 calendar days to ensure that DEA or FBI does not exceed any regulatory deadlines for disposal. All waste pickups will be scheduled during normal working hours (9am – 5pm) between Mondays thru Friday. Lodging and per diem is not authorized in this contract. Lab pack waste items will typically be consolidated at the facilities by the contractor. All materials will be listed on a uniform hazardous waste manifest (Environmental Protection Agency (EPA) Form 8700-22) and lab pack form (as needed), regardless of generator classification. A Receipt of Service (Appendix C) must be completed at each Generating Facility and verified by the on-site representative prior to the Contractor’s departure.

C.4 Safety and Qualifications

Contractor personnel and equipment shall meet all safety requirements set forth in applicable Federal, State and local laws and regulations (e.g. 29 CFR 1910, 40 CFR 260-279 49 CFR 178). The contractor shall ensure that all personnel involved in handling and packaging of waste, wear appropriate Personnel Protective Equipment (PPE) and have been trained and certified to the level of expertise required for the proper performance of each task. Personnel responding to ACS sites or generating facilities shall have a minimum of 24-hour Hazardous Waste Operations (HAZWOPER) training with current 8-hour annual refresher, initial Department of Transportation (DOT) Hazmat training with recurrent training occurring every 3 years, and annual bloodborne pathogen training.

The contractor shall provide a valid EPA ID and US DOT Transporter number for all response and transporter facilities in Appendix D. In addition, hazardous waste transporters must possess and provide copies of the required permit, license or registration for each applicable state identified in the contract’s geographic region. The contractor shall have no EPA enforcement actions (civil or criminal) against them in the previous three (3) years or during the duration of the contract.

C.5 Staff requirements

The contractor shall provide the training records and certificate(s) to the COR or task monitor prior to arrival for all individuals sent to a site to begin work. The contractor must be able to meet all security requirements before beginning work. The contractor shall provide protective equipment to all personnel involved in the handling of chemical waste and shall ensure that the protective equipment is adequate for the task hazards. The contractor shall manage and have procedures and provisions to handle emergencies, accidents and spills related to lab packing.

Upon contractor’s arrival at the designated facility, the COR, task monitor or their designated facility representative will provide additional site-specific instructions.

C.6 Packaging and Adulteration

The contractor shall provide all necessary packaging or lab pack materials to prepare the waste for transport. Packaging shall be in accordance with all applicable regulations, including UN-specification packaging requirements. The contractor shall prepare and package all waste at the pickup site under supervision of the designated facility representative.

Waste potentially contaminated with controlled substances as defined in 21 CFR Part 1308 must be packaged in approved containers. Containers shall remain sealed and removed unopened from the facility for thermal destruction. All containers removed from the facilities will be replaced by an equivalent container that is new and unused on a one for one basis upon request from the onsite DEA, state or local law enforcement or FBI representative. The packaging material and markings will also be replaced in kind. Examples of these containers and materials are in Appendix B.

Waste contaminated with a controlled substance must be adulterated to render it non retrievable and no longer susceptible to diversion for an illicit or non-medical use. The on-site representative will identify any and all waste that requires adulteration at the facility. The contractor must adulterate all waste prior to packaging and transporting the material from the generating facility after receiving approval by the Government representative specified on the task order. The contractor must supply adulteration materials. Adulteration protocol will be provided to the contractor after contract award.

C.7 Testing

The DEA and FBI takes effort to ensure that all waste containers are labeled with sufficient information to make RCRA waste and DOT hazard class determinations. Despite these efforts, there are instances where lack of labeling or user knowledge results in “unknowns”. The contractor shall perform analysis sufficient to characterize these wastes for disposal and transportation. All “unknowns” shall be disposed of by thermal destruction. Contractor will be notified at the initial call for service if unknowns are present. Pricing for unknown analysis shall be quoted per item with labor, personal protective equipment (PPE), supplies, and equipment.

C.8 Transportation

The contractor shall be or shall use licensed and/or permitted carriers for the transportation of hazardous waste. The contractor shall provide name, address and EPA ID Number in Appendix D of all licensed hazardous waste transporters expected to be used in the transport of generator waste.

Contractor shall also confirm the existence of Transportation Security Plans for all authorized transporters. All labels, markings, and placards are to be furnished by the contractor. The Contractor shall provide a 24 hour x 7 day, toll-free emergency phone number on all hazardous waste manifests that is to be manned for 24-hours. Lodging and per diem is not authorized under this contact.

C.9 Disposal

Waste disposal categories are defined on the pricing sheet (Appendix A). The contractor shall dispose of waste at a permitted Transfer, Storage, and Disposal Facilities (TSDF) with a satisfactory record of safety and compliance. Facilities with “alleged current significant violations” as indicated in the EPA’s Enforcement and Compliance Online database are not approved for use (http://www.epa-echo.gov/echo/compliance_report_rcra.html). The offeror shall list any EPA or State Program notice of violations within the past three years for the contractor, subcontractors, and proposed TSDF facilities. Approved TSDF are to be located within the United States of America and identified with a valid RCRA Part B permit number in Appendix D. Material shall be treated as prescribed by applicable regulations (e.g., Treatment Standards for Hazardous Waste in 40 CFR Part 268). All waste contaminated by controlled substances or unknown hazards shall be thermally destroyed. If wastes contaminated with controlled substances must be placed in storage prior to ultimate disposal, the contractor shall not alter the original contents of any drum or lab pack without receiving authorization from the COR.

The contractor shall secure documentation from the final disposal facility to demonstrate proper disposal of the waste. Initial receiving facilities as indicated on the manifest shall demonstrate receipt of the waste in the form of a signed manifest returned to the generator within 35 days.

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http://www.epa-echo.gov/echo/compliance_report_rcra.html

C.10 Spills, Emergencies, Accidents, etc.

The contractor shall have written policies/procedures to address spills, emergencies, accidents, or similar circumstances as required by all applicable Federal, State and local laws and regulations. The contractor shall procure and maintain adequate liability insurance coverage to assure that it can undertake corrective action for any environmental damage resulting from spills, emergencies, and accidents involving hazardous and chemical waste that are the fault of the contractor.

C.11 Inspections

The contractor or subcontractor’s site and any approved TSDF shall be open to inspection, announced or unannounced by the DEA/FBI contracting officer, their COR(s), or any of the designated facility representatives for the IDIQ Files, records, reports and other documents pertaining to this contract shall be made available for review at any inspection

C.12 Administrative

A post-award conference will be conducted at a DEA designated facility. The Contractor must send a representative(s) who is knowledgeable on the contract matters relating to technical performance and fiscal performance (e.g. Invoice preparation, processing and submission..etc.). The purpose of this post-award conference is to achieve a clear mutual understanding of all contract requirements and resolve any contract related issues. Travel, per diem and lodging shall be at the contractor’s expense.

The DEA will provide a database application (DEA Application) that allows for the data entry of invoices, Receipts for Services, lab pack inventory, Uniform Hazardous Waste Manifest, Bill of Lading and other documents required by this contract. All offerors must have access to a system that is compatible with this application software. The Contractor shall closely monitor the unexpended funding remaining on each order in order to adhere to notification requirements per clause 52.232-22.

C.13 Security Requirements

All contractor personnel supporting this procurement are entrusted with a certain level of trust due to the nature of the Drug Enforcement Administration’s (DEA) mission. The Government expects the Vendor will employ persons of integrity and trustworthiness. DEA will require the contractor to provide a list of all personnel and their Personally Identifiable Information (PII) (Full Name, Date of Birth, Social Security Number, and Place of Birth) assigned to this contract ten (10) business days prior to starting work. The Division Security Officer or delegated DEA employee will run criminal checks on all personnel assigned to this contract. All contractors shall be approved by DEA before access to a laboratory or facility is authorized. While in the facility, the contractor's assessment team shall be escorted at all times.

A DD Form 254, Contract Security Classification Specification, is not required.

C.14 DELIVERABLES:

Through the life of the contract at specified intervals, Contractors shall submit information detailing those employees supporting DEA efforts in accordance with DEA Provision titled: Contractor Personnel Reporting Requirements (CPRR). The CPRR will be provided to the contractor upon award of the contract. Additional deliverables outlined below:

Provide to Designated Facility (site that ordered the disposal) with Copy to COR:

• DEA-602 Receipt for Service , see Appendix C

• Final Manifest(s)

• Lab pack forms (as needed)

Provide to COR within 24 hours of action:

• Notification of any spills (onsite, transit, storage, disposal)

• Notification of any enforcement action against Contractor or Sub-contractors

Provided to Contracting Officer Representative within 7 days of change in requirement:

• Updated Appendix D – Contractor must provide any changes to response facility information, transfer station/facility information, EPA/STATE and disposal information provided prior to award.

SECTION D – PACKING AND MARKING

D.1 DEA-2852.247-70 GENERAL PACKAGING AND MARKING

REQUIREMENTS (MAY 2012)

Packaging and packing for all items (includes written materials, reports, presentations, etc.)

delivered hereunder shall be in accordance with common commercial practices, adequate to insure protection from possible damage resulting from improper handling, inclement weather, water damage, excessive heat and cold, and to insure acceptance by a common carrier for safe delivery to its final destination.

All deliverables shall clearly indicate the purchase order number, contract number and task (delivery) order number on or adjacent to the exterior shipping label.

(End of clause)

SECTION E – INSPECTION AND ACCEPTANCE

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the cl'\use at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" in Section I of this contract. See Section 1.1 for internet address to view full text of a clause.

Number Title Date

52.246-4 Inspection of Services—Fixed Price AUG 1996

52.246-6 Inspection–Time-and-Material and Labor-Hour May 2001

E.2 INSPECTION AND ACCEPTANCE

Inspection and Acceptance of the supplies or services to be furnished hereunder shall be performed at the DEA COR or designee, in accordance with the Inspection clause and any other provisions specified in this contract. The Government reserves the right to conduct tests it deems reasonably necessary to ensure that the supplies or services provided conform in all aspects to the contract specification.

RECEIPT FOR SERVICES

See Appendix C for this form. The form must be completed for each Generating Facility and verified by the on-site representative at the site prior to the Contractor’s departure.

(End of Section E)

SECTION F – DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY

REFERENCE

The following contract clauses pertinent to this section are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the cl'\use at FAR "52.252-2 CLAUSES INCORPATED BY REFERENCE" in Section I of this contract.

See Section 1.1 for internet address to view full text of a clause.

Number Title Date

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination NOV 1991

F.2 DEA-2852.211-70 PERIOD OF PERFORMANCE (BASE AND OPTIONS) (MAY 2012)

The period of performance of base period of this contract begins on [TBD upon award] and ends [TBD upon award].

Pursuant to clause 52.217-9, Option to Extend the Term of the contract, in the event that the Contracting Officer exercises an option, the period of performance for each option period shall be as follows: TBD upon contract award

F.3 PLACE OF PERFORMANCE

The place of performance will be specified on individual task orders issued under this contract in accordance with the scope of each IDIQ awarded. See Appendix E for specific pick-up locations assigned to each geographic location.

F.4 HOURS OF OPERATIONS

Pickups will be conducted during normal business hours (9am - 5pm), Monday thru Friday and as defined in Section C.

F.5 DELIVERABLES

See section C.14 for Base IDIQ deliverables. Task orders may include additional deliverables as required.

(End of Section F)

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DEA-2852.211-71 SCHEDULED AND UNSCHEDULED CLOSURES OF

GOVERNMENT OFFICES (NOV 2012)

In accordance with 5 U.S.C. 6103, Federal Government offices are closed for ordinary business in observance of the following holidays:

• New Year’s Day

• Birthday of Martin Luther King, Jr.

• Washington’s Birthday

• Memorial Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

• Inauguration Day (Federal offices in the Washington DC metropolitan area only)

Federal offices may close at other times without advance notice due to emergencies, inclement weather, interruption of utilities, or other reasons. Such closures may be declared by the President, Office of Personnel Management, Office of Management and Budget, the Administrator of the DEA, or other appropriate executive authority. The duration of such closures may range from an early closure with normal operations expected on the next business day to a period of indeterminate length.

At the time that a closure is declared, appropriate information, notifications, and instructions will be provided regarding the return to normal operations. The Contractor shall comply with all directives issued in regards to such closures. The Contractor shall follow agency procedures for registering emergency contact information and shall monitor appropriate broadcast mediums for receiving emergency information.

When a closure is declared, Contractor personnel must vacate the facility as directed except personnel designated in accordance with agency procedures by the Contracting Officer to remain onsite to continue performance. Evacuated personnel shall not be allowed to reenter the facility for the duration of the closure. Performance of work at alternate sites is not permissible except in accordance with the terms of the contract and written authorization by the Contracting Officer.

Whenever it is necessary for Contractor personnel to continue performance during such closures, the Contracting Officer will provide written authorization for such work. Such written authorization will designate the specific individuals authorized to continue performance, alternate work sites when applicable, work schedules, work dates, and special instructions and information. Telework may be authorized if permitted by the terms of the contract. Any services scheduled to be performed at Government facilities shall not be performed elsewhere unless specifically authorized in accordance with the terms of this contract.

For firm fixed priced contracts, the terms for invoicing and payment in the contract shall remain unchanged unless changed by a fully executed modification to the contract.

(For other than firm fixed priced contracts, the Contractor shall invoice in accordance with the Payments and Prompt Payment clauses of the contract only for work performed. Employee compensation for the period of the closure shall be governed by corporate policy.

Agency-sponsored events such as picnics or other social events are not considered to be official office closures. The Contractor shall not invoice for time spent by its employees attending or participating in such events.

In no case shall any compensable administrative leave, which might be approved for Federal employees in connection with official holidays or other events, extend to Contractor personnel.

(End of clause)

G.2 DEA-2852.242-70 CONTRACTOR PERFORMANCE ASSESSMENT (JUL 2014)

Pursuant to FAR subpart 42.15, the Government will assess the Contractor’s performance under this contract. Performance assessment information may be used by the Government for decision-making on exercise of options, source selection, and other purposes, and will be made available to other federal agencies for similar purposes.

Performance will be assessed in the following areas:

• Quality of service;

• Schedule;

• Cost control;

• Business relations;

• Management of key personnel; and

• Other appropriate areas.

For contracts that include the clause at 52.219-9, Small Business Subcontracting Plan, performance assessments will consider performance against, and efforts to achieve, small business subcontracting goals set forth in the small business subcontracting plan.

For any contract with a performance period exceeding 18 months, inclusive of all options, the Government will perform interim performance assessments annually and a final performance assessment upon completion of the contract.

The Government will prepare Contractor performance assessment reports electronically using the Contractor Performance Assessment Reporting System (CPARS), which is the approved feeder system for the Past Performance Information Retrieval System (PPIRS). Additional information on CPARS may be found at www.cpars.gov and on PPIRS at www.ppirs.gov.

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http://www.cpars.gov/ http://www.ppirs.gov/

The Contractor shall be provided access to CPARS to review performance assessments. The Contractor shall designate a CPARS point-of-contact for the contract and each task order subject to performance assessment reporting. Upon setup of a contract in CPARS, the Contractor’s CPARS point-of-contact will receive a system-generated e-mail with information and instructions for using CPARS. Prior to finalizing any Contractor performance assessment, the Contractor shall be given 14 calendar days to review the report and submit comments, rebutting statements, or additional information. Disagreements between the Contractor and the Government performance assessment official will be resolved by a Government Reviewing Official, whose decision on the matter will be final. Upon finalization of each performance assessment, CPARS will upload the performance assessment data to PPIRS.

The Government will also report in the Federal Awardee Performance and Integrity Information System (FAPIIS) module of PPIRS information related to:

• A Contracting Officer’s final determination that a Contractor has submitted defective cost or pricing data;

• Any subsequent change to a final determination concerning defective cost or pricing data pursuant to 15.407-1(d);

• Any issuance of a final termination for default or cause notice; or

• Any subsequent withdrawal or a conversion of a termination for default to a termination for convenience.

(End of clause)

G.3 DEA-2852.242-71 INVOICE REQUIREMENTS (MAY 2012)

(a) The Contractor shall submit scanned or electronic images of invoice(s) to the following e-mail addresses:

(1) Invoice.forensics@usdoj.gov;

(2) [E-mail for Contract Specialist will be entered here;] and

(3) [enter COR's on individual Task Orders, if applicable].

(b) The date of record for invoice receipt is established on the day of receipt of the e-mail if it arrives before the end of standard business hours (5 p.m. local), or the next business day if the invoice arrives outside of normal business hours. Scanned documents with original signatures in .pdf or other graphic formats attached to the e-mail are acceptable. Digital/electronic signatures and certificates cannot be processed by DEA and will be returned.

(c) In addition to the items required in FAR 32.905(b), a proper invoice shall also include the following minimum additional information and/or attached documentation:

(1) Total/cumulative charges for the billing period for each Contract Line Item Number

(CLIN);

(2) Dates upon which items/services were delivered; and

(3) The Contractor’s Taxpayer Identification Number (TIN).

(d) Invoices will be rejected if they are illegible or otherwise unreadable, or if they do not contain the required information or signatures.

(End of Clause)

G.4 DEA-2852.242-72 FINAL INVOICE AND RELEASE OF RESIDUAL FUNDS

(MAY 2012)

The Contractor shall submit a copy of the final invoice to the COR or designee at the address listed in clause DEA-2852.242-71, Invoice Requirements. The final invoice must be marked “Informational Copy – Final Invoice.”

By submission of the final invoice and upon receipt of final payment, the Contractor releases the Government from any and all claims arising under, or by virtue of, this contract. Accordingly, the Government shall not be liable for the payment of any future invoices that may be submitted under the above referenced contract.

If residual funds on the contract total $100 or less after payment of the final invoice, the Government will automatically de-obligate the residual funds without further communication with the Contractor.

If funds greater than $100 remain on this order after payment of the final invoice, the Government will issue a bilateral modification to de-obligate the residual funds. The Contractor will have up to five (5) calendar days after issuance of the modification to sign and return it. The Contractor’s signature on the modification shall constitute a release of all claims against the Government arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically exempted from the operation of the release. If the contractor fails to sign the modification or assert a claim within the stated period, the Government will de-obligate the residual balance and proceed with close-out of the contract.

(End of clause)

G.5 DEA-2852.242-74 - CONTRACT ADMINISTRATION POINTS OF CONTACT

(MAY 2012)

The Contract Administration Office for this contract is:

U. S. Department of Justice Drug Enforcement Administration Office of Acquisition and Relocation Management (FA) 8701 Morrissette Drive Springfield,VA 22152

Contracting Officer:

Name: James Helm Telephone:

(571)265-3083

Fax: (202)307-4877 Email: james.helm@usdoj.gov

Contract Support Specialist: TDB

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Contract administration for the Contractor shall be performed by: ________________

(End of clause)

G.6 DEA-2852.242-73 – CONTRACTING OFFICER’S REPRESENTATIVE (COR),

PROGRAM OFFICE REPRESENTATIVE (POR), AND TASK MONITOR (TM) (MAY

2012)

G.6.1 Contracting Officer’s Representative (COR)

Pursuant to FAR 1.602-2, the following individual has been designated as the COR under this contract:

Name: TBD upon contract award Telephone:

The COR has responsibility for performing contract administration, which includes, but is not limited to, the following duties: functioning as the technical liaison with the Contractor;

monitoring the Contractor’s performance and progress of the work; receiving, inspecting, and accepting all deliverables or services provided under the contract; and reviewing all invoices/vouchers submitted for payment.

The COR does not have the authority to alter the Contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contractual obligations, the Contracting Officer shall issue such changes.

G.6.2 Program Office Representative (POR)

The POR is responsible for the following:

• Provide overall performance oversight of all Divisions.

• Monitor overall progress and quality of the Contractor's performance.

(End of clause)

G.7 TASK ORDERS

Task Orders will be issued unilaterally by a DEA Contracting Officer based on fixed unit rates (by CLIN) established under Section B, Schedule of Items, during the effective period of performance. Upon signature by the Contracting Officer, each task order is considered fully executed, binding and ready for implementation. Each Task Order will be forwarded promptly to the Contractor and shall conform to all terms and conditions of the contract. Task Orders will be consecutively numbered, reference the contract number and CLIN and specify the period of performance.

G.8 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer assigned to this contract has responsibility for ensuring the performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships. In this regard, the Contracting Officer is the only individual who has the authority to enter into, administer, or terminate this contract. In addition, the Contracting Officer is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

The Contractor shall immediately notify the Contracting Officer for clarification when a question arises regarding the authority of any person to act for the Contracting Officer under the contract or when the Contractor receives direction that appears outside contract scope.

It is the responsibility of the Contractor to contact the Contracting Officer immediately if there is even the appearance of any technical direction that is or may be outside the scope of the contract. Costs incurred that were not authorized by the Contracting Officer and/or work outside the scope of the contract shall be considered unallowable costs and will not be reimbursed by the Government.

G.9 CORRESPONDENCE PROCEDURES

All correspondence shall contain a subject line commencing with the contract (with modification number, if appropriate).

To promote timely and effective contract administration, correspondence (except for invoices and deliverable items) submitted under this contract shall be subject to the following procedures:

Technical correspondence of a routine nature shall be addressed to the COR with an information copy to the Contracting Officer.

Subcontracting Program Reports Other Correspondence including technical correspondence where patent or technical data issues (if any) are involved, and correspondence which proposes or otherwise involves waivers, deviation, or modifications to the contract requirements, terms or conditions, etc., shall be addressed to the Contracting Officer, with an information copy of the correspondence to the

COR.

(End of Section G)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 SECURITY REQUIREMENTS

The personnel security access level for this contract is LOW RISK. U.S. citizenship, by birth or naturalized or permanent resident alien status is required. All contractor personnel supporting this procurement are entrusted with a certain level of trust due to the nature of the Drug Enforcement Administration’s (DEA) mission. The Government expects the Vendor will employ persons of integrity and trustworthiness. DEA will require the contractor to provide a list of all personnel and their Personally Identifiable Information (PII) (Full Name, Date of Birth, Social Security Number, and Place of Birth) assigned to this contract ten (10) business days prior to starting work.

The Division Security Officer or delegated DEA employee will run criminal checks on all personnel assigned to this contract. All contractors shall be approved by DEA before access to a laboratory or facility is authorized. While in the facility, the contractor's assessment team shall be escorted at all times

H.2 INCORPORATION OF CONTRACTOR'S PROPOSAL

It is understood and agreed that the Contractor shall, in meeting the requirements of this contract, perform the work in accordance with the Contractor's proposal to the Drug Enforcement Administration for Emergency Response and Chemical Destruction Services, dated TBD in those contract areas awarded provided however, that to the extent that any provisions of the articles of this contract are in conflict or inconsistent with any provisions of said proposal, the provisions of the articles of this contract shall be controlling and shall supersede the provisions of said proposal.

H.3 DEA-2852.204.94 (March 2009) SECURITY REQUIREMENTS FOR NON- SENSITIVE POSITIONS ESCORTED ACCESS—U.S. CITIZENSHIP REQUIRED -See following pages

DEA-2852.204.94 (March 2009) 1

DEA-2852.204.94 SECURITY REQUIREMENTS FOR NON-SENSITIVE POSITIONS

(March 2009) ESCORTED ACCESS—U. S. CITIZENSHIP REQUIRED

DEA’s personnel, information, and facility security requirements for contracts, task orders, delivery orders, purchase orders, blanket purchase agreements, reimbursable agreements, and other types of contractual arrangements (hereafter referred to as “contract” and “Contractor”) to provide goods and services to DEA are hereby provided for the subject access level. The forms listed in Section V are available at www.dea.gov. Click on Acquisitions & Contracts and go to Security Forms.

I. GENERAL

A. Contractor’s Security Officer

1. The Contractor shall establish and maintain a security program to ensure that all requirements set forth in this provision are accomplished efficiently and effectively. The Contractor’s time and expenses for recruiting, interviewing, and security screening are considered overhead and may not be billed directly to

DEA.

2. The Contractor shall designate a Security Officer, and an Alternate Security Officer in case of the primary Security Officer’s absence, with the authority and responsibility to perform personnel security screening to the extent possible.

3. The Contractor shall make every effort to preclude incurrence of avoidable costs by the Government by ensuring that all applicants and personnel furnished on this contract are eligible, reliable, and of reputable background and sound character. Security screening shall include, but not be limited to, verification of current home address, telephone number, and prior work experience (See Item 8 under D.

Documentation Requirements below.), and resolution of delinquent debt related issues that have the potential to disqualify an applicant from consideration for employment on a DEA contract.

4. The Contractor shall ensure that applicants submitted to DEA meet the basic eligibility requirements, such as job skills, certificates if required, residency, and none of the disqualifying factors described below. DEA recognizes that law enforcement records and other information the Contractor is able to obtain regarding an individual’s history relative to the disqualifying factors is limited. However, much of this information is requested on Standard Form 85, Questionnaire for Non-Sensitive Positions (Revised

September 1995). The Contractor is encouraged to re-interview each applicant based on the answers entered on the SF85.

5. Debt-related issues are the most prevalent derogatory issues found during background investigations and cause delays in the adjudication of security clearances. The Contractor is encouraged to obtain the applicant/employee’s credit report and have any issues resolved prior to submitting the security clearance request forms to DEA. DEA currently uses Equifax Credit Reporting Services; however, the Contractor may use the credit reporting agency of its choice. In compliance with the Fair Credit Reporting Act of

1970, as amended (15 U.S.C. 1681, et seq.), the following must be used when the Contractor obtains a credit report:

a. A credit report shall be obtained for accounts in the applicant/employee’s name only. This will be a

“persona report for employment purposes.” Do not obtain a credit report for joint accounts.

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b. The Contractor shall provide a written notice/release to the applicant/employee that a credit report may be used for employment purposes. The applicant/employee shall sign and date the notice/release and provide it to the Contractor before the credit report is obtained by the Contractor. The Contractor is not authorized to obtain a credit report prior to receipt of the signed notice/release. This signed notice/release is required in addition to the form DOJ-555, Disclosure and Authorization Pertaining to Consumer

Reports, Pursuant to the Fair Credit Reporting Act. A copy of the signed notice/release shall be submitted to DEA with the DOJ-555.

c. The Contractor shall not take adverse action against the applicant/employee, based in whole or in part upon the credit report, without first providing the applicant/employee a copy of the credit report and a written description of the applicant/employee’s rights as described under Section 1681g(c)(3) of Title 15

U.S.C.

d. If a potentially disqualifying debt-related issue surfaces that the applicant/employee omitted from the

SF85, Questionnaire for Non-Sensitive Positions, the personnel security request forms should not be submitted to DEA unless the applicant/employee provides strong mitigating information that clearly explains the omission and how the issue will be satisfactorily resolved.

e. Blank forms and additional information regarding credit reports are available at www.dea.gov; click on

Acquisitions & Contracts; and go to Security Forms.

6. The Contractor shall ensure that all security related forms and questionnaires are filled out correctly and completely and are signed, dated, and submitted to the Contracting Officer’s Technical

Representative or Task Monitor (COTR/TM) in a timely manner. Personnel security packages with incomplete documentation may be rejected and returned to the contactor without any further actions performed by DEA.

7. DEA’s request for additional information or documents regarding the background inquiries shall be responded to within 30 days unless the COTR/TM provides a written extension. Failure to submit the requested information or documents in a timely manner may result in the applicant being determined unreliable and unsuitable for employment on a DEA contract.

8. The monthly Administrative Report shall include the status of the Contractor’s applicants seeking

DEA security approvals. The report shall contain the current status of all personnel security requests, to include: Dates the packages were submitted to the COTR/TM; dates security approval notifications were received from DEA; the number of approved employees; the number of disapproved applicants; and the number of applicants pending approval. The due date of the report will be established by the COTR/TM upon contract award or the issuance of an order.

B. General Requirements

1. DEA will conduct background inquiries on all of the Contractor’s personnel to be assigned to this contract and on those officials of the company, including the Security Officer and Alternate Security

Officer, who will be directly involved in any aspect of management of the assigned personnel.

2. Contractors shall include the following statement in employment advertisements: “Applicants selected will be subject to a Government security background investigation and must meet eligibility and suitability requirements.”

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DEA-2852.204.94 (March 2009) 3

3. As a minimum, DEA will query law enforcement agencies’ indices and the following record systems:

o Fingerprint Query by the Federal Bureau of Investigation (FBI) o Narcotics and Dangerous Drug Information System (NADDIS) o National Crime Information Center (NCIC) o National Law Enforcement Telecommunications System (NLETS) o Credit Reporting Agencies

4. Only U.S. citizens, by birth or naturalized, shall be permitted to perform…