N00253-15-T-0093.pdf

NAVAL UNDERSEA WARFARE CENTER

ATTN JAMIE YOURKOSKI

JAMIE.YOURKOSKI@NAVY.MIL

610 DOWELL ST, BLDG 206

KEYPORT WA 98345-7610

360-315-3566

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

X

DO-C9

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

N00253-15-T-0093 25-Feb-2015

b. TELEPHONE NUMBER

360-315-3566

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 30 Mar 2015

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 Govt. 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

JAMIE R. MYERS

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

331492

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: 100 % 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:

1 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

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

Section SF 30 - BLOCK 14 CONTINUATION PAGE

STATEMENT OF WORK

Silver Refining Services

1. BACKGROUND: The Naval Undersea Warfare Center, Division Keyport (NUWC Keyport) requires the refinement of silver-bearing material that has been recovered from batteries processed at its Hawthorne, Nevada Detachment. The refined silver is to be re-utilized to construct new batteries which require silver of 99.9% purity.

2. SCOPE: The Contractor shall provide all facilities, equipment, materials, and labor to process the silver-bearing materials from expended silver-zinc and Silver Chloride batteries and refine the same to 99.9% purity. The contractor shall dispose of the battery waste in accordance with local, state, and Federal environmental laws and regulations. The Contractor shall obtain, and maintain current throughout the contract period of performance, all required permits, certifications and/or licenses required by any federal, state, or local authorities to be able to accept, transport, store, process and refine silver-bearing materials.

It should be noted that the Contractor should be a Treatment, Storage, and Disposal Facility (TSDF) or should be permitted to recover precious metals including silver and able to accept Hazardous Waste.

3. REFERENCES:

a. Material Safety Data Sheet for silver/zinc with mercuric oxide

b. Material Safety Data Sheet for silver/zinc with mercuric oxide, Cadium oxide and Silver chloride

c. Material Safety Data Sheet for Silver Chloride Batteries

4. Attachments:

(1) Quality Assurance Surveillance Plan

5. REQUIREMENTS:

5.1 Task A: Provide reclamation services on silver bearing materials from Silver-Zinc batteries various battery chemistry types. This material consists of Silver Oxide plates, Zinc Oxide plates, Silver Chloride and Cadmium Oxide but should not be limited to only these hazardous materials. The government will be responsible for shipping the material to the contractor’s facility and providing information about the physical and chemical nature of the material and indicate possible hazards which may arise during treatment. Battery Material Safety Data Sheets (reference (a), (b) or (c)) will be provided in each shipment as an attachment.

Upon the material receipt at the Contractor’s facility, the Contractor shall provide to the Government’s Contract Officer’s Representative (COR) the total weight of materials received by e-mail or fax.

After refining, the Contractor shall provide the following Task Order transaction information to the Government:

a) The total unrefined weight of materials received;

b) The total silver content of materials received;

c) The number of troy ounces of 99.9% silver refined;

d) The account number and deposit information the silver was credited to.

This information can be in the contractor’s format and e-mailed to the COR identified in the delivery order or faxed to number 775-945-7610. This report shall be provided within 14 calendar days of the completion date of the reclamation process. Weighting of precious metal-bearing material receipts and shipments shall be accomplished by a designated weigher in the presence of a disinterested person and the names of both persons must appear on the weight bill or other processing documents.

5.1.1 Deliverable Product: 99.9% pure silver in bullion form credited to a specific account in the name of the Naval Undersea Warfare Center – Keyport Division. The bullion will be credited to and held in such account, maintained by the Contractor, until needed for re-utilization, at which time the silver shall be transferred electronically to the specified account of a battery manufacturer.

5.1.2 Schedule: Processing of the silver shall be completed and the silver available for transfer not later than 60 days after receipt of the Government Furnished material (GFM).

5.2 Task B: The contractor shall maintain accounts for the Government wherein the refined silver is kept. It is anticipated there shall be a requirement for not more than eight (8) accounts. The Government shall utilize the accounts to transfer silver to different battery manufacturers, at the direction of the Contracting Officer through the issuance of a delivery order. Account maintenance services shall include all fees required to transfer silver to the accounts of battery manufacturers.

5.2.1 Deliverable Product: Account transactions and total balance information in a contractor’s formatted report

5.2.2 Schedule: The contractor shall provide an account balance report when the account is debited.

The report can to be sent by e-mail or fax to the contracting officer and to his/her representative (COR) within 14 calendar days of an account transaction.

6. PROGRESS REPORTS: Account transactions, and total balances, shall be reported to the Contracting Officer and contracting officer’s representative quarterly (end of months of March, June, September, and December) or more frequently, upon request of the Contracting Officer.

7. GOVERNMENT-FURNISHED PROPERTY AND INFORMATION: NUWC Keyport shall provide transportation of silver-bearing GFM to the Contractor’s facility.

The following information shall be provided by the Government to the Contractor with each shipment:

a) The total weight of materials packaged;

b) The total number of pallets in shipment;

c) The account number the refined silver is to be credited to.

8. QUALITY ASSURANCE REQUIREMENTS: The government shall provide representative samples of all battery type to be refined. At a minimum the required rate of return of refined silver shall will be between 77%- 90% of the received net weight. Historically the LR190 (type a) and MK 53 (type b) Batteries have returned 77%- 81% of the net weight in silver and the MK46 (type c) battery has returned 88%-90% of the net weight.

a) Silver-Zinc with Mercuric oxide;

b) Silver-Zinc with Cadmium oxide Lead Oxide and Bismuth Oxide;

c) Silver Chloride batteries.

Inspection and Acceptance shall be provided by the Government at Origin upon receipt of the amount of 99.9% silver bullion reclaimed by the Contractor from that particular batch.

9. SECURITY:

8.1 Security Classification of Equipment, Components, Spaces and Documents: The Equipment, Space or Document is unclassified and subject to the applicable provisions of the Industrial Security Manual DOD 5220.22M.

8.1.1 Spaces: NUWC Keyport shall supply no spaces for the Contractor to perform the required tasks.

The contractor shall store high purity material in a safe or locked cabinet in a locked room.

8.1.2 Equipment: NUWC Keyport shall supply no equipment for the Contractor to perform the required tasks.

8.1.3 Documents: NUWC Keyport shall supply no drawings or specifications to the Contractor to perform the required tasks.

9. NOTES:

9.1 All technical clarifications shall be coordinated through the Contracting Officer's Representative (COR).

9.2 Travel Requirements: None

9.3 Battery types currently being processed:

a) LR190 Mercuric oxide

b) MR200 Cadmium oxide, Lead Oxide and Bismuth Oxide

c) MK53 Mercuric oxide

d) MK53 Mod 2 Cadmium oxide, Lead Oxide and Bismuth Oxide

e) MK46 mod 1 Mercuric oxide

9.4 Future Battery types which will be processed:

a) LR750 Mercuric oxide

b) MK67 Silver-Chloride

c) ADMATT Mercuric oxide

d) HR190 Mercuric oxide

e) LR 360 Silver Zinc

10. MINIMUM GUARANTEE: As referred to in paragraph (b) of the “Indefinite Quantity” clause of this contract, the contract minimum guarantee is ten percent (10%) of the value of the base ordering period of the contract. The maximum quantity is the total ‘not to exceed’ quantity for each item as set forth in the schedule. The maximum quantity is not to be exceeded without prior approval of the Administrative Contracting Officer.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 269,742 Troy Ounce

Silver Reclamation - High Silver Content

FFP

Base Year - Provide battery plate reclamation services on plates that contain silver in the amount that is greater than 80 percent in accordance with the statement of work task A.

FOB: Destination

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 459,290 Troy

Silver Reclamation - Low Silver Content

Base Year - Provide battery plate reclamation services on plates that contain silver in the amount that is less than or equal to 80 percent in accordance with the

UNIT UNIT PRICE MAX AMOUNT

0003 232,332 Troy

Silver Account Maintenance

Base Year - Provide and maintain silver accounts in accordance with the statement of work task B.

UNIT UNIT PRICE MAX AMOUNT

0004 5 Each Transaction Fee

FFP

Base Year - Tranfer expense associated with contract line item number (CLIN) 0003.

UNIT UNIT PRICE MAX AMOUNT

0005 1 Each Account & Transaction Reports

FFP

Base Year - Provide transaction information and silver balance reports in accordance to the statement of work and the quality assurance surveillance plan.

UNIT UNIT PRICE MAX AMOUNT

1001 269,742 Troy

OPTION Silver Reclamation - High Silver Content

Option Year 1 - Provide battery plate reclamation services on plates that contain silver in the amount that is greater than 80 percent in accordance with the

UNIT UNIT PRICE MAX AMOUNT

1002 459,290 Troy

OPTION Silver Reclamation - Low Silver Content

Option Year 1 - Provide battery plate reclamation services on plates that contain silver in the amount that is less than or equal to 80 percent in accordance with the

UNIT UNIT PRICE MAX AMOUNT

1003 232,332 Troy

OPTION Silver Account Maintenance

Option Year 1 - Provide and maintain silver accounts in accordance with the

UNIT UNIT PRICE MAX AMOUNT

1004 5 Each OPTION Transaction Fee

FFP

Option Year 1 - Tranfer expense associated with contract line item number

(CLIN) 0003.

UNIT UNIT PRICE MAX AMOUNT

1005 1 Each OPTION Account & Transaction Reports

FFP

Option Year 1 - Provide transaction information and silver balance reports in

UNIT UNIT PRICE MAX AMOUNT

2001 269,742 Troy

Option Year 2 - Provide battery plate reclamation services on plates that contain silver in the amount that is greater than 80 percent in accordance with the

UNIT UNIT PRICE MAX AMOUNT

2002 459,290 Troy

Option Year 2 - Provide battery plate reclamation services on plates that contain silver in the amount that is less than or equal to 80 percent in accordance with the

UNIT UNIT PRICE MAX AMOUNT

2003 232,332 Troy

Option Year 2 - Provide and maintain silver accounts in accordance with the

UNIT UNIT PRICE MAX AMOUNT

2004 5 Each OPTION Transaction Fee

FFP

Option Year 2 - Tranfer expense associated with contract line item number

UNIT UNIT PRICE MAX AMOUNT

2005 1 Each OPTION Account & Transaction Reports

FFP

Option Year 2 - Provide transaction information and silver balance reports in

UNIT UNIT PRICE MAX AMOUNT

3001 269,742 Troy

Option Year 3 - Provide battery plate reclamation services on plates that contain silver in the amount that is greater than 80 percent in accordance with the

UNIT UNIT PRICE MAX AMOUNT

3002 459,290 Troy

Option Year 3 - Provide battery plate reclamation services on plates that contain silver in the amount that is less than or equal to 80 percent in accordance with the

UNIT UNIT PRICE MAX AMOUNT

3003 232,332 Troy

Option Year 3 - Provide and maintain silver accounts in accordance with the

UNIT UNIT PRICE MAX AMOUNT

3004 5 Each OPTION Transaction Fee

FFP

Option Year 3 - Tranfer expense associated with contract line item number

UNIT UNIT PRICE MAX AMOUNT

3005 1 Each OPTION Account & Transaction Reports

FFP

Option Year 3 - Provide transaction information and silver balance reports in

UNIT UNIT PRICE MAX AMOUNT

4001 269,742 Troy

Option Year 4 - Provide battery plate reclamation services on plates that contain silver in the amount that is greater than 80 percent in accordance with the

UNIT UNIT PRICE MAX AMOUNT

4002 459,290 Troy

Option Year 4 - Provide battery plate reclamation services on plates that contain silver in the amount that is less than or equal to 80 percent in accordance with the

UNIT UNIT PRICE MAX AMOUNT

4003 232,332 Troy

Option Year 4 - Provide and maintain silver accounts in accordance with the

UNIT UNIT PRICE MAX AMOUNT

4004 5 Each OPTION Transaction Fee

FFP

Option Year 4 - Tranfer expense associated with contract line item number

UNIT UNIT PRICE MAX AMOUNT

4005 1 Each OPTION Account & Transaction Reports

FFP

Option Year 4 - Provide transaction information and silver balance reports in

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Origin Government 0002 Origin Government Origin Government 0003 Origin Government Origin Government 0004 Origin Government Origin Government 0005 Origin Government Origin Government 1001 Origin Government Origin Government 1002 Origin Government Origin Government 1003 Origin Government Origin Government 1004 Origin Government Origin Government 1005 Origin Government Origin Government 2001 Origin Government Origin Government 2002 Origin Government Origin Government 2003 Origin Government Origin Government 2004 Origin Government Origin Government 2005 Origin Government Origin Government 3001 Origin Government Origin Government 3002 Origin Government Origin Government 3003 Origin Government Origin Government 3004 Origin Government Origin Government 3005 Origin Government Origin Government 4001 Origin Government Origin Government 4002 Origin Government Origin Government 4003 Origin Government Origin Government 4004 Origin Government Origin Government 4005 Origin Government Origin Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 16-JUN-2015 TO

15-JUN-2016

N/A N/A

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

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

0004 N/A N/A N/A N/A

0005 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

1004 N/A N/A N/A N/A

1005 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

2004 N/A N/A N/A N/A

2005 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

3004 N/A N/A N/A N/A

3005 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

4003 N/A N/A N/A N/A

4004 N/A N/A N/A N/A

4005 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

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 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting NOV 2014 52.204-18 Commercial and Government Entity Code Maintenance NOV 2014 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

DEC 2014

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 DEC 2014 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2014 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 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.245-1 Government Property APR 2012 52.245-9 Use And Charges APR 2012 52.247-29 F.O.B. Origin FEB 2006 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 252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7012 Safeguarding of Unclassified Controlled Technical

Information

NOV 2013

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7008 Only One Offer OCT 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic

(Nov 2014)

NOV 2014

252.225-7012 Preference For Certain Domestic Commodities FEB 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 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7004 Reporting, Reutilization, and Disposal MAY 2013 252.247-7022 Representation Of Extent Of Transportation Of Supplies By

Sea

AUG 1992

252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

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 DX rated order; XX 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.

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

Offers will be evaluated on the basis of the lowest price, technically acceptable, past performance acceptable offer. In order to be considered awardable, an offer must be rated “acceptable” in every non-price factor. Offers must meet the specifications in the solicitation and any subsequent amendments.

PROPOSAL SUBMITTAL REQUIREMENTS:

1. Technical Acceptability:

The offer must be determined to be technically acceptable before further consideration will be given.

Service Information: To determine technical acceptability the offeror must provide all necessary information for a comprehensive technical evaluation. The service information shall be submitted as commercial literature which must provide enough information to demonstrate that the proposed service meets the statement of work requirements for battery silver reclamation and silver account management and transfer services. If literature includes more than one service product, offeror must clearly identify within the literature which service is being proposed. A determination will be made through technical evaluation whether the service fails to meet or meets the Government’s performance requirements as set forth in the specifications.

Compliance/Exceptions: If service literature does not clearly demonstrate compliance with the requirements of the PWS, the offeror must submit a Compliance/Exception document that clearly explains how the proposed service meets the PWS requirements. On a separate sheet of paper state: whether the offer complies or does not comply with the statement of work; identify any “exceptions” to the statement of work; and how the offered services differ from the applicable statement of work paragraph. Failure to comply with this requirement may result in rejection of the offer.

2. Past Performance Acceptability:

The offer must be determined to have acceptable technical and past performance before further consideration will be given.

Offerors shall demonstrate past performance by completing the Past Performance Worksheet (See attachment 1) for three (3) of your most recently completed Federal Government contracts (not to exceed three years since completion) for like or similar items under this solicitation. If you do not have any Federal Government contracts, then list state, local, or commercial contracts, in that order, to complete your Past Performance Worksheet. Offerors are encouraged to submit brief and concise responses. Failure to submit the Past Performance Worksheet 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.

EVALUATION INFORMATION:

1. Technical Acceptability:

Offers must meet or exceed the specifications in the solicitation and any subsequent amendments. The offer must be determined to be technically acceptable before further consideration will be given. The product information as specified in the proposal submittal requirements will be evaluated to determine if the proposed product(s) meets or exceeds the technical requirements as specified in the solicitation document.

Should the product information be insufficient to determine technical acceptability, the Government reserves the right to use other options such as internet research on company’s/companies’ website of products offered/proposed.

Technical will be assessed according to the following evaluation ratings and criteria format provided in the below Rating Table.

Technical Evaluation Rating Table

Rating Description

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptabl e

Proposal clearly does not meet the minimum requirements of the solicitation.

2. Past Performance Acceptability:

The offeror’s past performance must be determined to be acceptable before further consideration will be given. Based on an analysis of the past performance record of the offeror, the Government must have a reasonable expectation that the offeror will successfully perform the required effort. If the offeror’s past performance record is unknown, the offeror may not be evaluated favorably or unfavorably, and will therefore be rated as acceptable. The past performance information will be evaluated as acceptable or unacceptable based on the degree to which the offeror satisfied its customers in the past and complied with applicable Federal, State, and local laws and regulations. Past performance references for efforts providing applicable experience relative to the solicitation requirements will be given greater consideration. The offeror shall provide a maximum of three (3) references. The Past Performance Worksheet, attachment 1, included in the solicitation may be used for providing information. Offerors shall include an accessible point of contact, including name and telephone number, for each reference provided.

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 in 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 relative 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 the submitted Past Performance Worksheet, attachment 1; 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 the evaluation process.

Past Performance will be assessed according to the following evaluation ratings and criteria format provided in the below Rating Table.

Past Performance Evaluation Rating Table

Rating Description

Acceptable

Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown.

Unacceptabl e

Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will successfully perform the required effort.

3. Price: Offerors are required to submit prices for all line items. Failure to submit a price for any line item 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.

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 (DEC 2014)

ALTERNATE I (OCT 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 means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“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.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

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 (p) 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 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 if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

___ 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.

(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…