N00253-15-T-0011_OFW_PMRF.pdf

NAVAL UNDERSEA WARFARE CENTER

ATTN: GINA.PINION@NAVY.MIL

610 DOWELL STREET, BLDG 206A

KEYPORT WA 98345

360-315-0433

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

X

DO-S1

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

38,500,000

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

X

CODE

N00253-15-T-0011 23-Oct-2014

b. TELEPHONE NUMBER

360-315-0433

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 07 Nov 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

N00253

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

GINA A. PINION

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

562211

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 HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

TEL: EMAIL:

2 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

N00253-15-T-0011

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INFORMATION FOR OFFERORS

NOTE 1 - QUESTIONS: All questions and inquiries shall be sent in writing as soon as practicable after receipt of solicitation. Questions shall be submitted via E-mail to Gina Pinion at gina.pinion@navy.mil no later than three (3) days prior to the closing date of the solicitation.

NOTE 2 - PROPOSED EXCEPTIONS TO RFP: Any exceptions or deviations to the Government specifications included in this solicitation must be clearly identified in a cover letter and submitted as part of your proposal. If deviations are proposed, the offeror shall provide an explanation of how the proposed item/service meets the requirements of the specifications. Failure to notify the Government of all deviations prior to award may be grounds for contract termination.

NOTE 3 - PROPOSAL SUBMISSION: Proposals may be mailed or hand-delivered to the following address:

Naval Undersea Warfare Center, Division Keyport Attn: Gina Pinion, Contract Specialist 610 Dowell Street, BLDG 206 Keyport, WA 98345

Offers may also be emailed to gina.pinion@navy.mil, or faxed to 360-396-7036, so as to arrive by the date and time specified.

See “Proposal Submittal Requirements” in FAR Clause 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999) for a full description of proposal requirements.

NOTE 4 – DISPOSAL COSTS: The quantity identified as the MAX QUANTITY in the schedule is the estimated amount of material that will be disposed of pursuant to Orders issued under the contract during the ordering period applicable to the CLIN. When proposing on this solicitation, on the line designated UNIT PRICE enter your proposed price for disposal per unit disposed (e.g. drum, each). Multiply this unit price by the MAX quantity for that CLIN to determine the figure to be placed on the line indicated as the MAX AMOUNT. The price proposed for Disposal should include all costs for disposal not otherwise provided for by separate applicable CLIN. After contract award, the amount to be invoiced and the amount the government will pay for disposal will be determined by multiplying the UNIT PRICE by the number of corresponding units disposed of. One invoice will be prepared for each task order.

NOTE 5 – TRANSPORTATION CHARGES: CLINS designated for Transportation Charges provide a method to pay for transportation of the material to be disposed of. Each UNIT of transportation includes all transportation related costs for a complete round trip pick-up and disposal run. To determine the rate for the transportation CLIN items, include initial delivery of the tank or truck to the pickup facility, loading drums, and return transport to the disposal facility. Transoceanic shipment may be accounted for in either the applicable transportation CLIN or the price per drum for disposal. Transportation CLINs will include the price for Certificate of Disposal for all material disposed of.

NOTE 6 – MINIMUM GUARANTEE: As this will be an Indefinite Delivery, Indefinite Quantity type contract, the established minimum guarantee shall be $5,000.00.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 60 Drum Liquid HazWaste Disposal

FFP

Disposal of HazWaste Liquid, flushing fluid, in 55 gallon drums, in accordance with attached Performance Work Statement

Period of Performance shall be from Date of Contract through one year thereafter.

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 20 Drum Solid HazWaste Disposal

FFP

Disposal of HazWaste Solids, in 55 gallon drums, in accordance with attached Performance Work Statement

UNIT UNIT PRICE MAX AMOUNT

0003 7 Each Transportation

FFP

Transportation costs for solid and liquid wastes in drums from pickup location to final disposal location.

FOB: Destination

UNIT UNIT PRICE MAX AMOUNT

1001 60 Drum OPTION Liquid HazWaste Disposal

FFP

Disposal of HazWaste Liquid, flushing fluid, in 55 gallon drums, in accordance with attached Performance Work Statement

Period of Performance shall be from Date of Option Exercise through one year thereafter.

UNIT UNIT PRICE MAX AMOUNT

1002 20 Drum OPTION Solid HazWaste Disposal

FFP

Disposal of HazWaste Solids, in 55 gallon drums, in accordance with attached Performance Work Statement

UNIT UNIT PRICE MAX AMOUNT

1003 7 Each OPTION Transportation

FFP

Transportation costs for solid and liquid wastes in drums from pickup location to final disposal location.

Period of Performance shall be from Date of Option Exercise through one year

UNIT UNIT PRICE MAX AMOUNT

2001 60 Drum OPTION Liquid HazWaste Disposal

FFP

Disposal of HazWaste Liquid, flushing fluid, in 55 gallon drums, in accordance with attached Performance Work Statement

UNIT UNIT PRICE MAX AMOUNT

2002 20 Drum OPTION Solid HazWaste Disposal

FFP

Disposal of HazWaste Solids, in 55 gallon drums, in accordance with attached Performance Work Statement

UNIT UNIT PRICE MAX AMOUNT

2003 7 Each OPTION Transportation

FFP

Transportation costs for solid and liquid wastes in drums from pickup location to final disposal location.

Period of Performance shall be from Date of Option Exercise through one year

UNIT UNIT PRICE MAX AMOUNT

3001 60 Drum OPTION Liquid HazWaste Disposal

FFP

Disposal of HazWaste Liquid, flushing fluid, in 55 gallon drums, in accordance with attached Performance Work Statement

UNIT UNIT PRICE MAX AMOUNT

3002 20 Drum OPTION Solid HazWaste Disposal

FFP

Disposal of HazWaste Solids, in 55 gallon drums, in accordance with attached Performance Work Statement

UNIT UNIT PRICE MAX AMOUNT

3003 7 Each OPTION Transportation

FFP

Transportation costs for solid and liquid wastes in drums from pickup location to final disposal location.

Period of Performance shall be from Date of Option Exercise through one year

PERFORMANCE WORK STATEMENT

For Pacific Missile Range Facility (PMRF) Barking Sands, Kauai, HI generated Otto Fuel II waste

1. Pick up and dispose of liquid and solid drummed Hazardous Waste generated by the torpedo maintenance facility located at the Pacific Missile Range Facility (PMRF) at Barking Sands, Kauai, HI. The actual pickup point will be at Young Brother’s pier 39/40 at the Honolulu Harbor (1331 N Nimitz Hwy, Honolulu, HI 96817).

2. Liquid HazWaste: There will be approximately three to seven pickups per year, with approximately eight to twenty 55 gallon drums (poly or steel) per pickup of Liquid HazWaste. The liquid wastes will be multiphase consisting of water (10-40%), motor oil (10-40%), mineral spirits (10-40%), alcohol (0-3%) detergents and other cleaning fluids contaminated with Otto Fuel II (0-2,000 ppm) and its combustion by-products (e.g. HCN @ 5—600 ppm). The waste may have high enough levels to carry D001 (alcohol), D003 (HCN), D006 (cadmium) and D008 (lead) waste codes (refer to Lab Report C-298-11 & C-299-11).

3. Solid HazWaste: There will be approximately three to six pickups per year, with approximately two to seven 55 gallon drums of Solid HazWaste. Content consists of personnel protective equipment (PPE), rags, and debris that is soiled with the contaminated torpedo maintenance cleaning liquids. Material may also contain spill cleanup material and soil. The waste may have high enough levels to carry D001 (alcohol), D003 (HCN), D006 (cadmium) and D008 (lead) waste codes.

4. The transportation of the drums (solid and liquid waste) is from pickup location (Young Brother’s pier 39/40 Honolulu, HI) to their final disposal location(s).

5. CONTRACTOR AND DISPOSAL FACILITY QUALIFICATION. Contractors and Sub-contractors must use facilities and transporters that are on the current Defense Logistics Agency Disposition Services “Qualified List” (http://www.dispositionservices.dla.mil/newenv/hwdisposal.shtml).

6. WASTE PICKUP REQUIREMENT. The contractor shall notify the point of contact two weeks in advance to make arrangement for pickup. The point of contact information will be provided upon contract award.

7. HEALTH AND SAFETY. HazWaste shall be handled, transported, and disposed of in accordance with all Federal (i.e. DOT, EPA, OSHA), State, and Local installation rules, laws, and regulations. Contractor is responsible for training workers in accordance with all Federal (i.e. DOT, EPA, OSHA), State, and Local installation rules, laws, and regulations and for providing and wearing appropriate chemical splash personnel protective clothing (e.g..

TyChem QC) when needed.

8. SPILL RESPONSIBILITY. The contractor is solely responsible for all costs and liability resulting from any leak(s) or spill(s) during waste the pickup, transportation and disposal. The contractor agrees to clean up all spills to the satisfaction of the Navy, Federal, State and Local laws and regulations at no cost to the Navy or generator.

9. SPILL REPORT. The contractor shall prepare an incident (spill) report of any leak(s) or spill(s) occurring during contract performance. This includes but is not limited to; identification of the substance spilled, location, date, quantity, personnel injury involved, clean up procedures implemented, name and telephone numbers of all state, federal and Navy personnel contacted; and description of circumstances surrounding the spill incidents. This report shall be sent to the contracting officer’s representative.

10. On-site contractors must comply with NUWC Division, Keyport publication “Safety Requirements for Contractors and Subcontractors” and NUWC Division, Keyport publication “Contractor’s Guide to Environmental Compliance”. Both documents are incorporated in full by reference and are available at the following links:

http://www.navsea.navy.mil/nuwc/keyport/default.aspx and http://www.navsea.navy.mil/nuwc/keyport/Environmental/Policy.aspx

11. Performance under this contract requires the contractor to adhere to Operations Security (OPSEC) requirements.

Explanation of these requirements are detailed in the Operations Security Guide for Defense Contractors available online at: http://www.navsea.navy.mil/nuwc/keyport/default.aspx; click on OPSEC Guide For Defense Contractors on the left-hand side.

PERFORMANCE REQUIREMENTS SUMMARY

Primary Performance Objectives

Performance Standard/QL (Quality, Timeliness, & Qty)

Performance Assessment Method

Object Quality Assessment

Pick up, transport, and 1. Contractor shall be in NUWC Keyport Otto Fuel 1. 100% compliance dispose of Otto Fuel HazWaste as requested by Task Order.

Ref. PWS Para. 1 & 4 compliance with EPA, DOT, OSHA, state and local regulations.

2. Otto Fuel HazWaste shall be picked up within the dates (window) specified in the Task order.

HazWaste ISEA/COR will review manifests and invoices for compliances.

2. 100% of Pickups within specified dates.

Provide supporting documents for transportation and disposal as required by contract.

Forward documents (i.e., manifest, land ban form, truck inspection checklist, and invoice) to NUWC Keyport as specified in Task Order

Following completion of waste disposal service, aforementioned documents will be reviewed by NUWC Keyport Otto Fuel HazWaste ISEA/COR for accuracy.

5% error rate

Use approved facilities and transporters.

Ref. PWS Para. 5

Contractor shall utilize DLA approved vendors and sub-contractors.

NUWC Keyport Otto Fuel HazWaste ISEA/COR will review manifests and invoices for compliances.

100% compliance

LIST OF ATTACHMENTS

The following attachments form a part of this contract:

Attached to the end of this document:

Attachment 1: Past Performance Reference Sheet Attachment 2: SCA Wage Determination Posted to FedBizOpps (FBO) at www.fbo.gov:

Attachment 3: Lab Report# C-298-11 Attachment 4: Lab Report# C-299-11

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government

2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

1003 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

2003 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

3003 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance JUL 2013 52.211-15 Defense Priority And Allocation Requirements APR 2008

52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2014 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-0001 Line Item Specific: Single Funding SEP 2009 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer OCT 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be a DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

EVALUATION INFORMATION:

1. Factor 1 - Technical Acceptability: Offers must demonstrate the ability to perform the requirements described in the Statement of Work in the solicitation and any subsequent amendments. The offer must be determined to be technically acceptable before further consideration will be given. The ability to perform the work as specified in the proposal submittal requirements will be evaluated to determine if the proposed method(s) meets or exceeds the requirements as specified in the solicitation document. The proposal will be evaluated for completeness and accuracy of information and if the proposal addresses each specific area of the Statement of Work. Evaluation will consider each offeror’s demonstration of the following:

A. The offeror possesses adequate facilities, processes, expertise, and experience to provide the required services B. The proposal identifies a complete approach in the functional area of hazardous material collection, transport, and disposal C. The offeror and all subcontractors maintain the necessary permits and licenses for performance of this work and that proposed trucks/trailers meet Department of Transportation approval D. The offeror has an acceptable training plan E. The offeror has designated approved disposal sites and transporters established for performance

Should the technical information be insufficient to determine technical acceptability, the government reserves the right to use other options such as internet research on company websites for services offered/proposed.

2. Factor 2 - Past Performance Acceptability: Past performance will be evaluated on the offeror’s ability to satisfy its customers in the past and compliance with applicable Federal, State, and local laws and regulations. Past performance references for efforts providing applicable experience relative to the purchase order requirements will be given higher consideration.

The Government may contact some of each offeror’s customers to ask whether or not they believe: (1) that the offeror is capable, efficient and effective; (2) that the offeror’s performance conformed to the terms and conditions of its contract; (3) that the offeror was reasonable and cooperative during performance; (4) that the offeror was committed to customer satisfaction; and (5) that the offeror was able to hire and retain qualified personnel necessary for successful completion of customer requirements. Additionally they may ask if given a chance would they select the same or a different Contractor and/or other questions related to the offeror’s ability in the areas outlined for this Factor.

The Government may consider past performance information obtained from sources other than those identified by the offeror, such as published media and electronic databases. Only past performance that is relevant to the specified item will be evaluated. It is the responsibility of the offeror to relate past performance to the specifications. Government evaluators may utilize federal, state, and local past performance databases including, but not limited to, Past Performance Information Retrieval System (PPIRS), Contractor Performance Assessment Reporting System (CPARS), and DLA’s Mechanization of Contract Administration Services (MOCAS) system. The Government may research offeror performance on any federal, state, local, and commercial contract performance of the offeror that is known to the Government, but not included on a submitted “Past Performance Worksheet." Additionally, the personal experience and evaluator knowledge of offeror performance may be utilized.

The Government will consider the relevance of past performance information obtained in relation to the scope of this procurement. Past performance, either positive or negative, which is considered by the Government to be more closely related to the scope of this effort, will be given greater weight in determining offerors’ Past Performance acceptability/unacceptability.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or is so sparse that no meaningful past performance acceptability determination can be made, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance.

In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Note that, if the contractor does not provide past performance information with its offer, the Contracting Officer need not pursue further information if it is clear that the offeror’s price is not competitive.

3. Factor 3 - Price: Offerors are required to submit prices for all line items included in the solicitation.

Failure to submit a price for any line items may result in the offer being rejected as unacceptable. 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 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 options(s). The prices will be compared to the Government Estimate, other offers received and/or other independent price and cost information.

The offeror must be determined to have acceptable technical and past performance before further consideration will be given; that is, selection of the contractor is to be based on the establishment of minimum requirements to be evaluated on an “acceptable” or “unacceptable” basis. Proposals are evaluated for acceptability but not ranked using the non-price factors. In order to be considered awardable, there must be an “acceptable” rating in every non-price factor. Lowest Price Technically Acceptable (LPTA) non-price factors include Technical and Past Performance. The Contracting Officer will select the offer, in conformance with the solicitation, which is determined technically and past performance acceptable and offers the lowest price.

No award will be made at other than a fair and reasonable price.

PROPOSAL SUBMITTAL REQUIREMENTS:

1. Technical Acceptability: To determine technical acceptability, offerors must provide all necessary information for a comprehensive technical evaluation. The information must clearly demonstrate that the technical approach meets the requirements outlined in the statement of work. Offerors must submit a technical proposal, consisting of no more than five (5) 8 ½” x 11” pages, that clearly demonstrates the following:

A. The offeror possesses adequate facilities, processes, expertise, and experience to provide the required services B. The proposal identifies a complete approach in the functional area of hazardous material collection, transport, and disposal C. The offeror and all subcontractors maintain the necessary permits and licenses for performance of this work and that proposed trucks/trailers meet Department of Transportation approval (Offeror shall submit copies of all permits and documentation of Department of Transportation approval for all trucks; this is not included within the 5 page limit)

D. The offeror has an acceptable training plan (Offeror shall submit a copy of the training plan with the proposal; this is not included within the 5 page limit)

E. The offeror has designated approved disposal sites and transporters established for performance (Offeror shall provide a list of disposal sites and transporters established for performance; this is not included within the 5 page limit)

If the services proposed do not meet all requirements of the Statement of Work, the offeror must identify any “exceptions” and state precisely how the offered services differ from the applicable paragraphs. Failure to comply with this requirement may result in rejection of the offer.

2. Past Performance Acceptability: Offerors shall demonstrate past performance by completing the attached

Past Performance Reference sheet for up to five (5) recently completed Federal Government contracts for like or similar items under this solicitation. Offerors shall include an accessible point of contact, including name and telephone number, for each reference provided. Offerors who have no Federal Government contracts may list state, local, or commercial contracts, in that order, to complete the Past Performance Reference sheet. Offerors are encouraged to submit brief and concise responses. Failure to submit the Past Performance Reference sheet may be considered certification that the contractor has no past performance for like or similar items for the government to evaluate.

3. Price: Offerors are required to submit prices for all line items included in the solicitation. Failure to submit a price for any line items may result in the offer being rejected as unacceptable.

4. Each offeror’s proposal shall contain the following:

A. Cover letter containing the following:

- The solicitation number;

- The name, address, telephone and facsimile numbers, and e-mail address of the offeror;

- The DUNS Number and CAGE Code of the Offeror;

- A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all items upon which prices are offered at the price set opposite each item;

- Offerors shall indicate that prices are valid for 90 days from date of solicitation closing;

- Names, titles, phone numbers, facsimile numbers, and e-mail addresses of persons authorized to negotiate and sign on the offeror’s behalf with the Government in connection with this solicitation.

B. Completed solicitation package (Standard Form 1449), including pricing for all line items.

C. Technical Proposal, in accordance with Proposal Submittal Requirements described above, stating services proposed are in accordance with all requirements of the Statement of Work.

D. Completed Past Performance Reference Sheet, as described above.

(b) Options. 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 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).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2014)

ALTERNATE I (MAY 2014)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned small business concern" means a small business concern—

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ----------.

(Offeror to identify the applicable paragraphs at (c) through (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ) is, ( ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ) is, ( ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It ___ is, ___ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ----------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----------.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)

(The offeror shall check the category in which its ownership falls):

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246—

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American--Balance of Payments Program--Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United…