HSFLGL-15-B-00004_AMEND.00002.pdf

(x)

HSFLGL-15-B-00004

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

GLYNCO GA 31524

ATTN: ROGER CHARNOCK

FLETC GL

PRO BLDG 93

1131 CHAPEL CROSSING RD

FEDERAL LAW ENFORCEMENT TRNG CTR

DEPARTMENT OF HOMELAND SECURITY

07/06/2015000002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

06/19/2015

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

COMBINED SYNOPSIS/SOLICITATION: HAZARDOUS WASTE TRANSPORT AND DISPOSAL SERVICES, FLETC, GLYNCO, GA

See continuation for amendment details.

Proposal due date remains unchanged, July 20, 2015, 3:00 p.m., ET.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

JoDeen Cuffe

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

HSFLGL-15-B-00004

AMEND 000002

A. The following information is provided in response to contractor inquiries to date; and are provided in a Q (question) and A (answer) format, followed by administrative matters/changes.

Q1. The subject projected contract is a competitive award, to have firm fixed rates. It is not a time and materials contract. Of the various resources required to mobilize, what is the

Government’s reasoning for limiting personnel to not more than two (2)?

A1. It is within the Government’s purview to prescribe effort as deemed appropriate, which is the case for mobilization. Doing so ensures minimal acceptable requirements are met. Two personnel are all that is required to complete services; one individual serving as the QA to ensure paperwork is accurate and shipping documents are completed and one individual serving as the chemical handler to load the material onto the truck. Driver shall be included as part of the transportation CLIN.

Q2. For FLETC waste streams that, IAW regulatory restrictions, cannot be disposed or recycled in the EPA region of that facility, what options are available to the contractor?

A2. Transportation outside the region from which the waste originated is allowable only if the relocation of disposal is beyond the contractor control. However, the contractor shall present documentation to justify/substantiate the reasoning and approval shall be obtained in advance of transport by the CO.

Q3. For FLETC waste streams which are too cost prohibitive to be disposed or recycled in the

EPA region of that facility, how will the Government address the challenge?

A3. As previously stated in the answer in question 2, documentation and reasoning must be provided and approved by the CO prior to allowance.

Q4. For price escalation risk, typical on commercial projects like this where the term is in excess of five (5) years; will the Government consider adding a Contract escalation clause?

A4. As a FFP action, the onus remains on the contractor to assess the risk for the current and subsequent out-years; doing so will afford each offeror to present proposals he/she believe covers the associated risk. In addition, for other areas of change, FAR Clause 52.211-16

Variation in Quantity addresses this question in the event that costs increase a permissible variation of 15 percent shall apply to each quantity specified in the delivery schedule. For labor escalation, the risk is mitigated through application of FAR Clause 52.222-43 Fair Labor

Standards Act and Service Contract Labor Standards-Price Adjustment address the labor piece of the contract in the event that costs escalate over the multiple years.

AMEND 000002

Q5. For such a long term contract and the direct impact of regulatory changes, the EPA and State

EPDs, driving upward prices, will the Government consider adding a Contract clause that speaks to acts of God, acts of the Government, etc.?

A5. Reference Clause 52.212-4, wherein it discusses Excusable Delays; in addition, see response to question 4 in the event of price increases a deviation clause has been incorporated.

Should unforeseen conditions arise, the contractor shall present a request for equitable adjustment with substantiation for consideration under “Changes” contained in 52.212-4.

B. Changes to page 108: 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 [September, 30, 2025].

C. Changes to page 160: The Government reserves the right to perform or supplement performance of contract functions with Government personnel during periods of disaster, war emergencies, police actions, or acts of God. Such performance shall not constitute a breach of contract by the Government within the meaning of the contract clause entitled "Excusable

Delays".

D. As a result of the above, the following page changes are required. Area of change is delineated by a vertical line to the left of change location:

Remove Page(s) Insert Page(s)

Page 108 of 192 Page 108 of 192 (annotated Amend 00002)

Page 160 of 192 Page 160 of 192 (annotated Amend 00002)

E. Proposal due date remains unchanged; July 24, 2015 3:00 pm. ET.

******************************END AMENDMENT******************************

Hazardous Waste Transport & Disposal Services, FLETC, Glynco, GA

AMEND 00002

urgently required goods or services from another source. (f) 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 September 30, 2025.

(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 [September, 30, 2025].

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 [60 days].

52.217-9 Option to Extend the Term of the Contract. (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within [30 Days]; 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 [126](months)(years).

Hazardous Waste Transport & Disposal Services, FLETC, Glynco, GA

AMEND 00002

activities or personnel or other contractor's projects are hindering the effective execution of its work efforts.

8 RIGHTS OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN

PERSONNEL

a. The Government reserves the right to perform or supplement performance of contract functions with Government personnel during periods of disaster, war emergencies, police actions, or acts of God.

Such performance shall not constitute a breach of contract by the Government within the meaning of the contract clause entitled "Excusable Delays".

b. The Contractor agrees under such circumstances to permit the Government to use any essential Contractor-furnished property. The Government will equitably compensate the Contractor for use of such property.

9 GOVERNMENT PERFORMANCE OF SERVICES DURING LABOR STRIKES

a. Because the services called for under this contract are of critical importance to the FLETC, the Government reserves the right to take over or supplement performance of this contract in the event of a labor strike by the Contractor's personnel which impairs the Contractor's ability to satisfactorily perform the contract. Under such circumstances and at the direction of the CO, the Contractor agrees not to interfere in any way with Government performance. The Contractor further agrees under such circumstances to permit the Government to use any essential contractor-furnished property. The Government will equitably compensate the Contractor for use of such property.

b. The Contractor will not be entitled to payment for any performance period, in part or in total, during which the Government assumes performance under this clause. This clause does not limit the Government's rights under any other clause of this contract, including but not limited to, "Default (Fixed- Price Supply and Services)", "Termination for Convenience of the Government (Fixed-Price)", and "Inspection of Services-Fixed-Price."

10 CONSERVATION

Contractor and subcontractor personnel shall actively participate in all energy conservation efforts and programs applicable to work performed under this contract. The Contractor shall instruct its personnel and subcontractors in utilities conservation policies.

11 LABOR RELATIONS

a. The Contractor shall maintain satisfactory labor relations with its personnel. Representatives of the Contracting Office will not participate in labor relation matters unless disputes develop that interfere with the proper performance of the contract, at which time the representative may endeavor to assist in settling the difficulty.

b. The Contractor shall provide the CO with a copy of any collective bargaining agreement applicable to personnel performing on this contract.

12 - RESERVED

13 PHOTOGRAPHY

No photography, of any nature, is allowed while on the FLETC without the written authorization of the CO. Submit photography requests to the CO at least two (2) business days prior to anticipated photo session.