M00681-16-T-0064-0001_Ozone_Depleting_Refrigerant_Recovery_(ODR)_CPEN.pdf

M3300016SSFE005

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Amendment of Statement of Work.

-Revision One Dtd 23 June 2016 is the current Statement of Work.

Point of Contact for this Modification is Monica.sims@usmc.mil 760-577-6313

1. CONTRACT ID CODE PAGE OF PAGES

J 1 7

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

16C. DATE SIGNED

BY 23-Jun-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X M00681-16-T-0064

X 9B. DATED (SEE ITEM 11)

21-Jun-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer 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 Items 8 and 15, and returning 1 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 ACKNOWLEDGMENT 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.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

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

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

23-Jun-2016

CODE

REGIONAL CONTRACTING OFFICE-MCIWEST

P O BOX 555027

CAMP PENDLETON CA 92055-5027

M00681 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

M00681-16-T-0064

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

STATEMENT OF WORK

Revision One

23 June 2016

1. Introduction:

Marine Corps Installations West (MCI-West) is comprised of the following Marine Corps

Installations: Marine Corps Base (MCB) Camp Pendleton, California, Marine Corps Air Station Miramar

(MCAS), California, and Marine Corps’ Logistics Base (MCLB) Barstow, California. The Regional

Contracting Office SW has overall contracting responsibility for those installations included under the MCI-West chain of command. The Hazardous Waste Section is part of Environmental Security, and is charged with ensuring compliance with the numerous federal, state, and local regulations with regard to Hazardous Materials.

2. Background:

The Facilities Maintenance Division is responsible for the recovery of Ozone Depleting

Refrigerants (ODR’s) for equipment that is owned by Camp Pendleton’s Base Property. There are still numerous requirements for equipment and cylinders that are not owned by Base Property and those items are the subject of this contract. Historical data for previous years shows that the following types of refrigerants are utilized aboard Camp Pendleton: R-11, R-12, R-22, R-113, R-114, R-500, R-502, R-123, R-134a, R-404a. In fiscal year 2009, 879 pieces of equipment were recovered; in fiscal year 2010 1197 pieces were recovered.

Year to year recovery may vary, in 2014 963 pieces were recovered. This historical data does not guarantee that the same types of refrigerants will be used in the future, or that the quantities will remain constant.

3. Scope:

The scope of this contract is removal and recover Ozone Depleting Refrigerants from Government owned equipment such as refrigerators, freezers, air-conditioning units, water coolers, ice makers, temperature regulators, humidifiers, or any other container containing ODR’s. Upon completion of recovery, the equipment and/or containers will be certified as empty and returned to the Government for disposal.

4. Applicable Directives:

40 CFR 82.156(f) (g), and (h).

5. Performance Objectives:

The general concept is for the Contractor to perform on-site service every month to recover ODR’s from any devices brought to the service location. The service location will be located behind Building 2296. The following are the objectives that the ODR program shall accomplish.

5.1. Perform service on the third Thursday of every month (or a mutually agreed upon date if that date happens to be a federal holiday), during the hours of 7:30 a.m. to 11:30 A.M. and then 12:30 P.M. to 4:00 P.M. Service is generally at the centralized location of Bldg. 2296, but at times with advance notice may be required for the service to be performed in and around Camp Pendleton. In order to facilitate the recovery of

ODRs the Contractor shall perform the work aboard Camp Pendleton, Building 2296 for a minimum of four hours (7:30 A.M. to 11:30 A.M.) If all work is completed at the end of the four hours or any time thereafter, the Contractor may depart earlier than the times listed above and still receive payment for a full day’s work. If the Government determines that there is not sufficient equipment to be serviced, the

Government may cancel the service at no cost, provided that the Contractor was provided seven days’ notice.

The cost of a day’s work includes all travel time, labor, materials, tools, supervision and management, and disposal fees.

5.1.1. In the event any ODR is contaminated and requires disposal through specialized means, the Contractor shall be entitled to bill the contaminated disposal surcharge listed in the schedule. The surcharge will apply to each service period, not the number of contaminated equipment recovered during each service. For example, if two pieces of equipment are discovered to be contaminated, then only one surcharge shall be billed.

5.2. The contractor shall have available all parts/material to perform the work identified in the Performance Work

Statement.

5.2.1 Disassemble equipment to gain access to the ODR storage container.

5.3 Contractor must also have a valid California Driver's License, and be DOT(Department of Transportation) compliant.

5.3.1 Recover ODR’s in accordance with all applicable laws, regulations, and guidelines.

5.4. Render the storage container unserviceable so the equipment can be returned to the Government for ultimate disposal through the Defense Reutilization Marketing Office (DRMO).

5.5. Provide a certificate for each piece of equipment that was recovered, showing that the equipment has had the

ODR’s recovered and the storage container have been rendered unserviceable.

5.6. Properly dispose/recycle of ODR’s in accordance with all applicable laws, regulations, and guidelines.

5.7. Provide the reports required under the Deliverables section (6), listed below.

6. Deliverables

6.1. Monthly Reports: Upon completion of each service, the Contractor shall provide the Government Point of

Contact a report that details how many pieces of equipment were serviced and rendered empty, and the total amount of ODR recovered.

6.1.1. The monthly report shall be submitted within 5 working days after the completion of the work.

6.2. Annual Report: The Contractor shall provide the Government Point of Contact and the California EPA a summary report that details how many pieces of equipment serviced and rendered empty and the total amount of

ODR recovered.

6.2.1. The annual reports shall be submitted no later than 30 January of each contract period/option year.

6.3. Operating Permits: Upon notification of the Government’s intent to award contract and exercise any option years, the Contractor shall provide a copy of all applicable permits and certifications required for the performance of this contract.

6.3.1. Operating permits shall be submitted to the administrative contracting officer within 15 days after receipt of the Government’s notice of intent to exercise any option year.

7. Indemnity

7.1 The contractor shall indemnify and hold harmless the United States of America and its agents from any suits, fines, actions, claims, debts, demands, judgments, liabilities, costs and expenses, including but not limited to attorney's fees or court costs, which the United States of America and its agents may become obligated to defend and/or pay, (i) as a result of air, ground or water pollution, sustained or suffered because of or by reason of any action or inaction by contractor, his agents, servants, and employees, in connection with contractor's performance under this contract, or (ii) as a result of any loss of or damage to property or injury to or death of any person whatsoever, sustained or suffered because of or by reason of any action or inaction by contractor, his agents, servants, and employees, in connection with contractor's performance under this contract, or (iii) as a result of alleged pollution, damage, or injury, sustained or suffered because of or by reason of any action or inaction by contractor, his agents, servants, and employees, in connection with contractor's performance under this contract.

SECURITY REQUIREMENTS

Base access requirements and procedures may change during the term of a contract. The contractor shall comply with all changes, and such compliance shall not be grounds for a request for an equitable adjustment or other contract modification.

Contractor and subcontractor employees shall comply with installation rules and regulations, including installation access requirements. The Contractor is responsible for ensuring that each of its subcontractors fully comply with the following requirements, and shall flow down to subcontracts a clause to satisfy this contractual obligation.

The Commanding Officer of each base has broad authority to remove or exclude any person from the military installation to protect personnel and property, to maintain good order and discipline, and to ensure the successful and uninterrupted performance of the Marine Corps mission. In the exercise of this authority, the Commanding Officer may refuse to grant entry or may bar Contractor employees, including employees who have been granted a personal entry pass. Refusal to grant an employee a personal entry pass or debarment of an employee does not relieve the

Contractor of the responsibility to continue performance under this contract, and shall not constitute grounds for contractor claim or request for equitable adjustment.

The Contractor’s employees shall observe and comply with all base rules and regulations applicable to contract personnel, including those applicable to the safe operation of vehicles, and shall not be present in locations not required for the proper performance of this contract.

Contractor personnel performing work under this contract shall be readily identifiable as an employee of the contractor either through the use of uniforms or with nametags, as directed by the Contracting Officer. Any alternate methods of ensuring contractor personnel are readily identifiable must be approved in advance by the

Contracting Officer.

Contractor personnel and equipment entering a military installation are subject to security checks. Contractor personnel shall follow any direction given by Military Police or other security or safety personnel.

Business Passes or Employee Credentials:

The Contractor is responsible for providing information required to obtain clearances, permits, passes, security badges, or employee credentials required for Contractor personnel or equipment access. This includes information required for police or background checks or investigations.

The Contractor is responsible for ensuring such clearances, permits, passes, security badges, or employee credentials are immediately returned to the issuing activity upon termination of an employee, completion of a project, or termination of a contract or subcontract.

All Contractor personnel performing work under this contract who require access to military installations shall obtain whatever personal entry or vehicle passes are required for access to that installation. The procedures below are the current installation access requirements for Camp Pendleton and are provided for information only. The

Contractor is responsible for ascertaining and complying with all currently installation access requirements throughout all performance periods under this contract.

1. The Contractor shall obtain a letter of support from the customer that their contract ultimately supports.

The letter of support will identify the Company Name, Contract Number, period of performance of the

Contract, location of performance, Driver's license and expiration date of each of the Contractor’s employees, and point of contact information for the customer that signed the request. The Contractor’s employees will take the letter of support to request a business pass to the Base Access Control Branch, Provost Marshal’s Office, Building 41501T (adjacent to the Las Pulgas Gate). Hours of operation are from

06:00 am to 4:00 pm, Monday through Thursday. They are closed on Fridays, weekends and federal holidays.

2. Business Passes issued by the Base Access Control Branch are effective from the date of issuance, for a period of 90 days or until the end of the contract, whichever date occurs first. Base regulations allow a maximum of two Business Passes to be issued. Personnel who still require access after expiration of the two Business Passes must participate in the RAPIDGate Program. Personnel denied a Business Pass may appeal in writing to the Commanding General (Attn: Security & Emergency Services Battalion), Marine

Corps Installations West/Marine Corps Base, Camp Pendleton. Grounds for denial or revocation of a

Business Pass include if the applicant:

i. Is listed on the National Terrorist Watch List.

ii. Is not a U.S. Citizen and is illegally present in the U.S. or whose U.S. citizenship, immigration status, or Social Security Number (SSN) cannot be verified.

iii. Is subject to an outstanding criminal warrant.

iv. Business pass application contains false or fraudulent information.

v. Has a felony conviction within the last 10 years.

vi. Has a total of three criminal misdemeanor convictions within the last 10 years.

vii. Is a registered sex offender, regardless of the date of the criminal offense.

viii. Has a criminal misdemeanor or felony conviction for the following types of criminal offenses:

1. Offenses of a sexual nature;

2. Offenses of violence;

3. Offenses related to gang related activity, supremacist, or extremist behavior; i.e., hate crimes;

4. Crimes resulting from the possession, use, manufacturer, introduction, or distribution of any illegal drug listed in the Comprehensive Drug Abuse

Prevention & Control Act of 1970, Schedules I through IV;

ix. Has a criminal misdemeanor or felony conviction for offenses in which weapon instrumentality (e.g., firearm, knife, or other bladed instrument, club, brass knuckles) was used either as a means of violence, or threat of violence

x. Military active duty was terminated by the receipt of a dishonorable discharge or bad conduct discharge.

xi. Has been issued a debarment order and is currently banned from any military installation.

xii. Has exhibited characteristics, traits, or other indications that cause concern for the safety or welfare of personnel and/or residents aboard the base; or that causes concern for the physical security of the base.

3. Camp Pendleton has implemented a Contractor-managed credentialing service, RAPIDGate ™.

RAPIDGate is consistent with and complementary to Homeland Security Presidential Directive 12 (HSPD-

12) and the Federal Information Processing Standard 201 (FIPS 201).

Participation in RAPIDGate is required after two business passes have been issued; it is optional prior to that time. Contractor employees who are not enrolled in RAPIDGate are required to access the base from the gates which can safely accommodate traffic backups: San Luis Rey, Las Pulgas, and San Onofre. All gates are open to RAPIDGate credentialed Contractor personnel.

The RAPIDGate program is a Contractor-managed credentials issuance service for vendors, contractors and subcontractors, suppliers, and service providers which includes company enrollment, installation sponsorship verification, employee registration, employment status validation, identity authentication, background screening, biometric verification, and issuance of a long-term access credential. The

Contractor's background screenings include validation of employment status, identity authentication, biometric verification, and entry authorization verification. Issuance of credentials is in the sole discretion of the Government. The credentials are scanned upon entry onto the installation. Contactor personnel who have been screened and are determined to be eligible for access will be required to self-register at kiosks located at the Base Access Control Branch, Provost Marshal’s Office, Building 41501T (adjacent to the Las Pulgas Gate). Hours of operation are 06:00 am to 4:00 pm, Monday through Thursday, closed on

Fridays, weekends and federal holidays.

The cost of the RAPIDGate program is $199.00 per year for the Contractor’s firm, and $159.00 per

Contractor employee for a one-year pass. The fee for lost or stolen passes is $30.00.

Contractor employees who require a Common Access Card (CAC) (e.g., for access to the Navy Marine

Corps Intranet), may use the CAC for access and do not need a Business Pass or RapidGate credential.

4. Common Access Card (CAC):

a. The Contractor shall provide proof that a National Agency Check with Inquiries (NACI) has been submitted to the Office of Personnel Management (OPM) for each employee requiring a CAC Card.

During the period between the time that the request is submitted and the time that the investigation is returned, the Government may grant temporary access to the Contractor employee. Whether to grant temporary access is within the sole discretion of the Government, and a decision not to grant access shall not be grounds for a claim, request for an equitable adjustment or other contract modification, and shall not constitute an excuse for Contractor failure to perform. Such temporary access will not exceed 90 days.

b. Upon the return of the Investigation Schedule Notice and Certificate of Investigation from OPM, the

Contractor shall provide a copy to the security manager that has overall responsibility for the customer supported by the Contractor’s employees .

c. "Report of Agency Adjudication Action" (form 79A) is sent when there are potential actionable issue(s) at the minor, moderate, or substantial level which may be disqualifying under suitability/security considerations. If the contractor receives an Agency Adjudication Action from OPM, the security manager shall be consulted before such adjudicative action is determined and returned to OPM.

d. The Government will use the Adjudicative Guidelines (CNO ltr 5520 Ser 09N2/6U871220 of Sept 06) to guide determinations on whether access will be granted.

e. The Contractor will be notified in writing if there is a disqualifying event that prevents the Contractor’s employee from obtaining a CAC. If temporary access was granted, it will immediately be revoked.

f. The information required to initiate a background investigation through OPM, as well as a listing of the forms that are required, is contained at the following website: http://www.opm.gov/extra/investigate/IS-

15.pdf

Base access requirements and procedures may change during the term of a contract. The contractor shall comply with all changes, and such compliance shall not be grounds for a request for an equitable adjustment or other contract modification.

ADDITIONAL REQUIREMENTS

(a) Photography is restricted on the Base. Clearance for photography shall be obtained in advance from appropriate Base personnel. When requested, all film or storage media must be turned over for processing and security inspection.

(b) All contractor personnel shall be familiar with the Camp Pendleton Fire Danger Rating System (FDRS).

Personnel are required to observe all restrictions applicable under the FDRS pertaining to permit activities while on the Base. Vehicles shall be parked only on bare soil/rock. Smoking is restricted to areas of bare soil. Fires of any nature are prohibited.

(c) Do not pick up, remove, or disturb any ordnance (spent or live ammunition, brass, pyrotechnics, etc.).

(d) Some areas of the Base may be inaccessible due to road conditions following heavy and/or prolonged rainfall. Adjustments to work schedules due to road/weather conditions shall be coordinated with the

Contracting Officer. If your vehicles gets stuck or breaks down, military personnel cannot pull or tow your vehicle. Call Mainside service station (725-5828) who will refer you to a civilian wrecker service or information (411) for assistance.

ENVIRONMENTAL COMPLIANCE ON BOARD MCB CAMP PENDLETON

Any violation of environmental regulations which is currently in progress shall be immediately reported by calling

911. Suspected prior violations of environmental regulations shall be reported to the Provost Marshall at (760)763-

2077 or (760)763-2076.

http://www.opm.gov/extra/investigate/IS-15.pdf http://www.opm.gov/extra/investigate/IS-15.pdf

MCB Camp Pendleton fully complies with all environmental requirements; this commitment and duty to comply extends to all personnel who work, reside, frequent, or otherwise do business on MCB Camp Pendleton. Camp

Pendleton Base Regulations (MCIWEST-MCB CAMPEN ORDER 5000.2) require all MCIWEST-MCB CAMPEN personnel, to include all tenants, contractors and patrons, to comply with all Federal, State and local environmental compliance requirements that apply to their activities and business aboard MCB CamPen. The Base Regulations are a general order, and violation may result in disciplinary or punitive proceedings, including debarment of contractors from the base.

Base Regulations requirements include, but are not limited to, the following:

Disposal of hazardous waste and electronic wastes (e.g. batteries and light bulbs) in the Base landfills, as well as any solid waste receptacle on Base, is strictly prohibited. Chapter 8, Section 2, paragraph 3.

Any leftover product that is labeled with "danger," "warning," "toxic," "caution," " poison," "flammable,"

"corrosive," or "reactive" is considered a household hazardous waste. Examples include household items such as paints, pest control agents, adhesives and cleaning supplies. The disposal of household hazardous waste in dumpsters, trashcans or any other trash receptacle is strictly prohibited. Chapter 8, Section 2, paragraph 4.

Universal waste is a subset of hazardous waste that poses a lower risk to people and the environment than other hazardous wastes. Examples of common universal wastes include batteries (AA, AAA, C-cells, D-cells and button cell batteries); electronic devices; fluorescent light tubes and bulbs; high intensity discharge lamps; mercury switches, thermometers and thermostats; and non-empty aerosol cans. Disposal of universal waste in any trash receptacle is prohibited. Chapter 8, Section 2, paragraph 4.

Electronic Waste (E-waste). The State of California prohibits E-waste disposal as household waste and requires disposal of E-waste only at authorized locations. The disposal of E-waste in dumpsters, trashcans, or at any location not expressly authorized to receive E-waste is strictly prohibited. Chapter 8, Section 2, paragraph 4.

Recyclable materials shall be placed in recycling containers, not in trash containers. Trash shall not be placed in recycling containers. Chapter 9, Section 2, paragraph 9.

No hazardous materials of any kind, trash/garbage, or other refuse will be dumped or allowed to be introduced into any groundwater basin, stream, or water body. Chapter 9, Section 2, paragraph 16.

(End of Summary of Changes)