Contract Terms and Conditions Instructions and Evaluation Criteria.pdf

SP450023R0003

ADDITIONAL CONTRACT TERMS AND CONDITIONS

This solicitation incorporates one or more clauses/provisions by reference, with the same force and effect as if they were given in full text. The full text may be accessed electronically at https://www.ecfr.gov/ . Upon request, the Contracting Officer will make their full text available. Incorporated clauses/provisions are those in effect through Federal Acquisition Circular 2022-08 effective October 28, 2022.

CLAUSES THAT APPLY TO THIS ACQUISITION:

DFARS 252.201-7000 Contracting Officer's Representative FAR 52.203-3 Gratuities FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7003 Agency Office of The Inspector General FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems DFARS 252.204-7009 Limitations on The Use or Disclosure of Third-Party Contractor Reported Cyber Incident

Information DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders FAR 52.212-5 Contract Terms & Conditions Required to Implement Statutes or Executive Orders – Commercial

*The following clauses cited under 52.212-5(a) are applicable to this acquisition:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim *The following clauses cited under 52.212-5(b) are applicable to this acquisition:

52.203-6, Restrictions on Subcontractor Sales to the Government, Alternate I 52.203-13, Contractor Code of Business Ethics and Conduct 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns 52.219-8, Utilization of Small Business Concerns 52.219-9, Small Business Subcontracting Plan, Alternate II 52.219-16, Liquidated Damages – Subcontracting Plan 52.219-28, Post-Award Small Business Program Representation https://www.ecfr.gov/

52.222-3, Convict Labor 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-37, Employment Reports on Veterans 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 52.222-50, Combating Trafficking in Persons 52.222-54 Employment Eligibility Verification 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13, Restrictions on Certain Foreign Purchases 52.229-12, Tax on Certain Foreign Procurements 52.232-33, Payment by Electronic Funds Transfer --System for Award Management 52.242-5, Payments to Small Business Subcontractors *The following clauses cited under 52.212-5(c) are applicable to this acquisition:

52.222-41, Service Contract Labor Standards 52.222-42, Statement of Equivalent Rates for Federal Hires 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) 52.222-55, Minimum Wages Under Executive Order 52.222-62, Paid Sick Leave Under Executive Order

FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost – Modifications, Alt IV

DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts), Basic DFARS 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, And Native Hawaiian

Small Business Concerns FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DFARS 252.232-7010 Levies on Contract Payments DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel FAR 52.242-15 Stop-Work Order DFARS 252.243-7002 Requests for Equitable Adjustments DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea—Basic FAR 52.253-1 Computer Generated Forms

ADDITIONAL CLAUSES IN FULL TEXT INFORMATION THAT APPLY TO THIS ACQUISITION:

FAR 52.216-18 Ordering

(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 award/effective date through contract expiration.

(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) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

FAR 52.216-19 Order Limitations

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, 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 $200,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 5 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 10 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.

FAR 52.216-22 Indefinite Quantity

(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 the 360th day after contract ends.

FAR 52.217-8 Option to Extend Services 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 60 days prior to contract expiration.

FAR 52.217-9 Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

DFARS 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-

O0015)

(a) Prohibition. In accordance with section 848 of the National Defense Authorization Act for Fiscal Year 2020, the

Contractor shall not provide or use in the performance of this contract—

(1) An unmanned aircraft system (UAS), or any related services or equipment, that—

(i) Is manufactured in the People’s Republic of China or by an entity domiciled in the People’s Republic of China;

(ii) Uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in the People’s

Republic of China or by an entity domiciled in the People’s Republic of China;

(iii) Uses a ground control system or operating software developed in the People’s Republic of China or by an entity domiciled in the People’s Republic of China; or

(iv) Uses network connectivity or data storage located in, or administered by an entity domiciled in, the People’s

Republic of China; or

(2) A system for the detection or identification of a UAS, or any related services or equipment, that is manufactured—

(i) In the People’s Republic of China; or

(ii) By an entity domiciled in the People’s Republic of China.

(b) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (b), in all subcontracts or other contractual instruments, including subcontracts for the acquisition of commercial items.

FAR 52.252-2 Clauses Incorporated by Reference This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR: https://www.ecfr.gov/ DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

FAR 52.252-6 Authorized Deviations in Clauses

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

PROVISIONS THAT APPLY TO THIS ACQUISITION:

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment.

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—

Representation DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements FAR 52.209-7 Information Regarding Responsibility Matters DFARS 252.215-7008 Only One Offer DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data—Basic DFARS 252.215-7016 Notification to Offerors – Postaward Debriefings FAR 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation DFARS 252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of

Terrorism DFARS 252.225-7055 Representation Regarding Business Operations with the Maduro Regime FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation DLAD 52.233-9001 Disputes - Agreement to Use Alternative Dispute Resolution DFARS 252.247-7022 Representation of Extent of Transportation by Sea DLAD L06 Agency Protests

ADDITIONAL PROVISIONS IN FULL TEXT INFORMATION THAT APPLY TO THIS ACQUISITION:

DFARS 252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems – Representation

(DEVIATION 2020-O0015)

(a) Prohibition. Section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92) prohibits DoD from using or procuring—

(1) An unmanned aircraft system (UAS), or any related services or equipment, that—

(i) Is manufactured in the People’s Republic of China or by an entity domiciled in the People’s Republic of China;

(ii) Uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in the People’s Republic of China or by an entity domiciled in the People’s Republic of China;

(iii) Uses a ground control system or operating software developed in the People’s Republic of China or by an entity domiciled in the People’s Republic of China; or

(iv) Uses network connectivity or data storage located in, or administered by an entity domiciled in, the People’s Republic of China; or

(2) A system for the detection or identification of a UAS, or any related services or equipment, that is manufactured—

(i) In the People’s Republic of China; or

(ii) By an entity domiciled in the People’s Republic of China.

(b) Representations. By submission of its offer, the Offeror represents that it will not provide or use—

(1) A UAS, as described in paragraph (a)(1) of this provision, in the performance of any contract, subcontract, or other contractual instrument resulting from this solicitation; and

(2) A system for the detection or identification of a UAS, as described in paragraph (a)(2) of this provision, in the performance of any contract, subcontract, or other contractual instrument resulting from this solicitation.

FAR 52.252-1 Solicitation Provisions Incorporated by Reference This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR: https://www.ecfr.gov/ DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

FAR 52.252-5 Authorized Deviations in Provisions

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

ADDENDA TO 52.212-1 INSTRUCTIONS TO OFFERORS

BASIC AND OPTION PERIOD UNIT PRICING

(a) Offerors are cautioned against offering more than one price, a range of prices, or a split bid with respect to any contract line item and are advised that, for purposes of this procurement, DLA Disposition Services will consider any such method of pricing to be a material deviation from the bid schedule and/or a nonconforming proposal that will be excluded from further consideration. Offerors must list only one price for any individual CLIN in any single contract period. NOTE: Zero ($0.00) unit pricing will NOT be accepted.

(b) Unit prices which exceed two (2) digits right of the decimal will be subject to standard rounding conversion as described below.

(c) Standard Rounding Conversion – Rounding up means to increase the terminating digit by a value of 1 and drop off the digits to the right. If the next place beyond the terminating decimal is greater than or equal to five (5), the number will be rounded up. For example, 5.438 will be rounded up to 5.44. If the number to the right of the terminating decimal place is four or less (4, 3, 2, 1, 0), the number will be rounded down. This is done by leaving the last decimal place as it is given and discarding all digits to its right. For example, 6.734 will be rounded down to 6.73.

PAST PERFORMANCE INFORMATION (PPI) INSTRUCTIONS

(a) The offeror shall provide PPI for up to 3 contracts where they were the prime or a subcontractor performing the same or similar services within the last 2 years. Within the three-contract limit, the contractor can also provide principal subcontractor past performance.

(b) For each contract provide: a valid name and telephone number, contract number, contract type, dollar value, contract award date and completion date, description of work performed, and name and e-mail address of a point of contact. If submitting a contract performed as a subcontractor, include information on the extent of the work performed in relation to the contract as a whole. The description of work performed for each contract shall be in sufficient detail to explain how it is the same or similar to the requirements of the instant solicitation in areas such as number of pickup locations, complexity, scope, and magnitude of the services to determine the relevancy of the referenced work. Additionally, if performance deficiencies occurred, the offeror shall identify what the deficiencies were and detail what corrective action it took, if any. Offerors may meet these requirements by including a completed page 2 of the questionnaire within Volume II of their offer.

(c) If an offeror elects to provide principal subcontractor past performance, the offeror shall provide the principal subcontractor’s consent allowing the Government to disclose negative past performance information to the offeror.

(d) The Government will evaluate up to three contracts submitted by the offeror. If an offeror identifies more than three contracts in its past performance proposal, the Government will evaluate the first three contracts in the order listed in the offeror’s past performance proposal. Current or past contracts with Defense Logistics Agency (DLA) Disposition Services will not be used for evaluation unless they are identified in the past performance proposal (See Addenda to FAR 52.212-2 Evaluation - Evaluation of Past Performance for exception of using PPI for contracts not identified).

(e) Attachment 4 contains a PPI questionnaire that is used to evaluate an offeror’s past performance. The offeror shall provide the PPI questionnaire in Attachment 4 to the past performance reference for contracts it identifies in its proposal. The past performance reference must independently submit the completed PPI questionnaire to the point of contact listed in the solicitation for submittal of offers prior to the closing date of the solicitation. A completed PPI questionnaire for a reference is not required for any DLA Disposition Services Hazardous Waste Disposal contract that is included in an offeror’s past performance proposal. The Government will not consider in an offeror’s evaluation any completed PPI questionnaire received after the date offers are due or directly from the offeror for that reference in the past performance evaluation unless the Government has other past performance data readily available (see II (2) below) to evaluate the reference. Offerors are responsible for ensuring their references submit PPI questionnaires directly to the point of contact listed in the solicitation for submittal of offers; the Government will not be contacting references to obtain a questionnaire/survey on behalf of the offeror.

(f) The submission of a past performance Volume II is required from all offerors. If offerors do not have any past performance, they must at least identify a Volume II in their proposal and state they do not have any past performance to provide. Otherwise, they may be considered non-responsive and excluded from the competition. If the Government only receives a completed PPI questionnaire from a past performance reference and there is no information in an offeror’s proposal regarding that reference, the reference will not be evaluated or considered as a reference for the offeror’s past performance proposal.

SMALL BUSINESS PARTICIPATION PLAN REQUIREMENTS

(a) The offeror is required to submit a small business participation plan, and a separate and distinct small business subcontracting plan in accordance with FAR 52.219-9 and DFARS 252.219-7003. Small business offerors are not required to submit the small business subcontracting plan, but must still submit a small business participation plan.

(b) All offerors shall submit a small business participation plan that details their intended utilization of small business subcontractors during performance of the contract. This shall include the percentage of work to be performed by small business subcontractors (to include specific goals or percentages for various socio-economic categories as defined in FAR Part 19), the level of commitment to those goals (enforceable vs. non-enforceable commitments), and the offeror’s established or planned procedures for small business outreach and utilization.

(c) For large business offerors, the small business participation plan shall conform to the submitted small business subcontracting plan.

(d) For small businesses, the small business participation plan should include the percentage of work performed by the prime contractor in addition to any subcontractors.

MANAGEMENT PLAN

In the Management Plan, the Offeror must provide evidence of ownership of an incineration facility, or the business arrangements/agreements showing the ability of the Offeror to perform all hazardous waste incineration contract line items (CLINs) contained in this contract within the removal/disposal timelines dictated in the Performance Work Statement (PWS).

Describe the plan for ensuring that incineration facility ownership or existing business arrangements/agreements will be utilized to ensure that removal/disposal timelines dictated within the PWS are uniformly observed and adhered to.

Other. Provide any other information the Offeror believes is necessary in explaining the successful completion of this contract related to requirements, schedule, etc.

The Agency will evaluate the offeror’s submitted management plans first before moving into the trade-off process. In order for an offeror to move into the trade-off process, the offeror’s management plan must receive an acceptable rating. Offeror’s who submitted management plan does not receive an acceptable rating will cut from the competitive range and their submitted offers will not be evaluated in the trade-off process.

DLA DISPOSITION SERVICES ELECTRONIC PROPOSAL GUIDANCE

You must submit your offer/quote via email. Offers or quotes submitted in paper form are unacceptable and will be returned. You must submit your electronic proposal and any supplemental information (such as spreadsheets, backup data, and technical information), using any of the following acceptable electronic formats: files readable using these Microsoft Office® Products: WORD, EXCEL, POWERPOINT, or ACCESS; spreadsheets must be sent in a file format that includes all formulas, macro and format information (scanned document that cannot show the calculations is not acceptable); files in Adobe® PDF (Portable Document Format); files in HTML (Hypertext Markup Language), HTML documents must not contain active links to live Internet sites or pages, all linked information must be contained within your electronic offer and be accessible offline.

Other electronic formats – before preparing your offer/quote in any other electronic format, you must send an e-mail to the Primary Point of Contact listed for this Contract Opportunity to obtain a decision as to the format’s acceptability.

This e-mail must be received by the P.O.C. no later than seven calendar days before the closing date. Failure to e-mail the P.O.C. within this timeframe to seek an alternate format’s acceptability may result in rejection of your submission.

All alternate methods must be at no cost to the Government.

Questions must be emailed directly to the Primary Point of Contact listed for this Contract Opportunity.

The subject line of the e-mail(s) containing your proposal must read “OFFER– [solicitation number], COMPANY NAME, CLOSES [closing date].”

Maximum size of each e-mail message shall be five megabytes. You may use multiple e-mail messages for each submission; however, you must annotate the subject lines as described above for each message, and number them in this manner: “Message 1 of 3, 2 of 3, and 3 of 3.” DLA DISPOSITION SERVICES cannot guarantee the security of the offer;

offers are submitted at the Contractor’s risk.

Late rules are outlined in FAR 52.212-1(f). Pay particular attention to the provisions that relate to the timing of e-mail submissions.

Security Note: If you choose to password-protect your offer, you must provide the password to DLA DISPOSITION SERVICES before the closing date. Contact the Primary Point of Contact listed for this Contract Opportunity to arrange a means of providing it.

See FAR 15.207(c) for a description of the steps the Government shall take with regard to unreadable offers.

Offerors shall make every effort to ensure that their submission is virus-free, due to information technology security software currently in use which may block transmission of messages/proposals if the email or attachment(s) contain anything that is suspected of containing viruses or malicious content. Offerors are cautioned to contact the Contracting Officer to verify receipt of their proposal well before the time due for bids, in order to allow time for alternate means of transmission, if needed. Offerors remain responsible for ensuring proposals are received by the Contracting Officer before the specified time, and extensions will not be granted in the event a particular offeror’s proposal is found to have been blocked. Submissions (or portions thereof) submitted which DO reflect the presence of a virus, or which are otherwise rendered unreadable by damage in either physical or electronic transit, shall be treated as “unreadable.”

PROPOSAL SUBMISSION FORMAT AND CONTENT – HAZARDOUS WASTE DISPOSAL SOLICITATIONS

The following describes the information which must be furnished as part of the proposal and the format in which it must be presented. Proposals which do not provide the required information in the prescribed format may be excluded from further consideration.

(a) FORMAT: Proposals shall be submitted in distinctly severable parts consisting of the following volumes: Volume I and Volume II. Electronic proposal submissions shall consist of one copy, with separately titled files for each volume, as follows:

(1) VOLUME I: Proposal Certifications and Price Schedule.

(2) VOLUME II: Past Performance Information.

(3) VOLUME III: Small Business Participation Plan and separate Small Business Subcontracting Plan.

(4) VOLUME IV: Management Plan

(b) MINIMUM CONTENT:

(1) VOLUME I (Proposal Certifications and Price Schedule) shall contain, but not be limited to:

(i) Submission requirements of 52.212-1(b);

(ii) The completed schedule of prices for each period of performance;

(iii) The completed DLA Disposition Services - Contractor Representative; and

(iv) 52.212-3, Offeror Representations and Certifications Commercial Items.

(2) VOLUME II (Past Performance Information) shall contain the following:

See clause Past Performance Proposal and Evaluation for past performance proposal submittal requirements.

(3) VOLUME III (Small Business Participation Plan and separate Small Business Subcontracting Plan) See clause Small Business Participation Plan Proposal and Evaluation for submittal requirements.

(4) VOLUME IV (Management Plan) See Management Plan for submittal requirements.

PERIOD FOR ACCEPTANCE OF OFFERS, 52.212-1(c) is revised as follows: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of initial offers.

ADDENDA TO FAR 52.212-2 EVALUATION

SOURCE SELECTION METHOD - BEST VALUE

(a) Trade-off Process Non-Price Factors and Price: Award shall be made to the responsible offeror with an acceptable Management Plan and whose proposal conforms to the solicitation and is determined to be the most advantageous to the Government, non-price factors and price considered. The offeror selected as best value will represent the best trade-off to the Government among past performance, small business participation, and price. Past Performance is more important than small business participation, but when combined non-price factors will be significantly more important than price. The Government will determine best value on the basis of an assessment of the following factors:

(1) Past Performance Factor – The Government will evaluate past performance in accordance with the Past Performance Proposal and Evaluation clause in this solicitation.

(2) Small Business Participation Factor – The Government will evaluate small business participation in accordance with the Small Business Participation Proposal and Evaluation clause in this solicitation.

(3) Price Factor – The Government will evaluate the offered prices for price reasonableness in accordance with the requirements of FAR 15.404-1.

(b) Options.

(1) The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The total evaluated price will be for the base period and any option periods, plus an additional 33.3% of the value of the last priced performance period in the price schedule.

This additional sum is for evaluation purposes only to address the possible use of FAR 52.217-8, Option to Extend Services, for a period not to exceed 6 months.

(2) Please note that if the 52.217-8 option is exercised, the applicable unit prices for the option will be the same as the immediately preceding period of performance. Therefore, if the option under FAR 52.217-8 is exercised prior to the end of the base period, the unit prices from the base period will be used during the extension period. If the option under FAR 52.217-8 is exercised prior to the end of any option period, the unit prices from the applicable option period will be used during the extension period.

(3) The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

EVALUATION OF PAST PERFORMANCE

(a) The Government will conduct a Performance Confidence Assessment for each offeror based upon submitted current, relevant PPI as it relates to the expectation of the offeror being able to successfully perform the requirement. There are two aspects to this evaluation: (1) The determination of relevance to this solicitation in scope, magnitude, and complexity and (2) How well the offeror performed on its contracts. Past performance will be rated on an adjectival scale. Thus, an offeror with a higher confidence assessment rating for past performance will have a higher expectation of meeting the solicitation requirements than a firm with a lower confidence assessment rating. The Government’s subjective evaluation of the overall quality of an offeror’s submitted PPI will be a factor in determining the relative merits of that offeror’s proposal and in selecting for award an offeror whose proposal is considered the best value to the Government.

(b) In addition to using independently submitted and timely questionnaires received in evaluating past performance, the Government may consider information in the offeror’s proposal using readily available information obtained from other sources, including but not limited to the Contractor Performance Reporting System (CPARS), DLA Disposition Services personnel administering DLA Disposition Services contracts, past and present customers and their employees, other government agencies, including state and local agencies, consumer protection organizations and better business bureaus, former subcontractors, and others who may have relevant information. The Government may also consider negative information for contracts that are not included in the offeror’s past performance proposal if it is determined that the offeror did not identify that contract due to performance problems and/or the contract was for hazardous waste disposal services with the same or similar requirements as the solicitation within the last 2 years.

(c) Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. This is a matter of judgement.

Offerors will be given an opportunity to address especially unfavorable reports of past performance, and an offeror’s response, or lack thereof, will be taken into consideration.

(d) In the case of an offeror without an identifiable record of past performance or for whom information on past performance is unavailable and/or a corresponding PPI questionnaire was not independently received by the Government before the date offers are due, the offeror will not be assessed either favorably or unfavorably on Performance Confidence, as the degree of confidence known to the Government cannot be adequately determined and is therefore unknown.

EVALUATION OF SMALL BUSINESS PARTICIPATION PLANS

(a) The evaluation of Small Business Subcontracting Plans, as required by FAR 52.219-9 applies to all offerors except small businesses. The evaluation of Small Business Participation Plans applies to all offerors.

(b) For purposes of small business that are not required to submit subcontracting plans, the Government will evaluate the amount of work proposed to be done by a small business either at the prime level or at the first-tier subcontract level. This evaluation for small businesses will not involve any of the other categories in the small business contracting plan.

(c) The Small Business Participation Plan will be evaluated in terms of the offeror’s proposed subcontracting participation, the extent of commitment to use the subcontractor(s) (enforceable vs. non-enforceable commitments), and the offeror’s established or planned procedures for small business outreach and utilization.

(d) Evaluation of Small Business Participation will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptability. This is a matter of judgement. An adjectival rating will be assigned to each offeror that is based on their overall small business subcontracting goals, commitment to use of small business subcontractors, and their procedures or plans for small business outreach and utilization.

EVALUATION OF SUBCONTRACTING PLANS

(a) The evaluation of Small Business Subcontracting Plans, as required by FAR 52.219-9 and DFARS 252.219-7003 applies to all offerors except small businesses.

(b) The Small Business Subcontracting Plan will be evaluated to determine if it meets the requirements of FAR 52.219-9 and DFARS 252.219-7003. If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the offeror will be ineligible for award. The evaluation of the Small Business Subcontracting Plan will be on the basis of total contract value (base and all options).

EVALUATION OF MANAGEMENT PLAN

The U.S. Government will conduct a subjective review of each Management Plan to determine the ability of the offeror to perform in accordance with the PWS. Offerors will receive a rating of either “Acceptable,” or “Unacceptable” for their Management Plan submission. To be rated “Acceptable” the Management Plan must demonstrate ownership of incineration facilities or adequate business arrangements to ensure the wastes will be incinerated in accordance with the contract’s requirements, including removal and disposal timeframes and must adequately describe the offeror’s plan to ensure these requirements are met. If an offeror is rated Unacceptable, they will be removed from consideration for award.