N00253-16-T-0166_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

N00253-16-T-0166 15-Apr-2016

b. TELEPHONE NUMBER

360-315-8501

8. OFFER DUE DATE/LOCAL TIME

05:00 PM 13 May 2016

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N002539. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ANITA L MOOSMILLER

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

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL UNDERSEA WARFARE CENTER

ATTN: ANITA MOOSMILLER

ANITA.MOOSMILLER@NAVY.MIL

610 DOWELL STREET, BLDG 206

KEYPORT WA 98345

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE N00253 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL UNDERSEA WARFARE CENTER

CONTRACTING OFFICER

SEE CONTRACT DATA REQUIREMENTS LIST

VARIOUS WA 98345

TEL: 360-315-2215 FAX:

FAX:

TEL: 360-315-8501 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

562211

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF57

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. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N00253-16-T-0166

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 19 Each

LITHIUM BOILER DISPOSAL, MOD 0

FFP

PICKUP, TRANSPORATION, AND DISPOSAL OF MK50, MOD 0, LITHIUM

BOILERS IN ACCORDANCE WITH THE STATEMENT OF WORK (SOW).

PERIOD OF PERFORMANCE IS FROM DATE OF CONTRACT AWARD

THROUGH 90 DAYS THEREAFTER.

FOB: Destination

NET AMT

0002 2 Each

LITHIUM BOILER DISPOSAL, MOD 2

FFP

PICKUP, TRANSPORTATION, AND DISPOSAL OF MK50, MOD 2, LITHIUM

BOILERS IN ACCORDANCE WITH THE SOW.

PERIOD OF PERFORMANCE IS FROM DATE OF CONTRACT AWARD

THROUGH 90 DAYS THEREAFTER.

0003 1 Lot

CDRL

FFP

CONTRACT DATA REQUIREMENTS LISTS (CDRLS), CERTIFICATE OF

DISPOSAL OR RECYCLE AND HAZARDOUS WASTE MANIFEST, IN

ACCORDANCE WITH EXHIBIT A.

See Exhibit A

STATEMENT OF WORK

Naval Undersea Warfare Center Division, Keyport (NUWC Keyport) MK50 Lithium Boiler Disposal

1 SCOPE. This Statement of Work (SOW) defines the effort for the pickup, transport, and disposal of twenty one (21) fired and unfired MK50 boilers from building 5088 at the Naval Submarine Base Bangor, WA.

1.1 Background. NUWC Keyport requires the pickup, transportation and disposal of 21 MK50 Lithium boilers, nineteen (19) Mod 0 and two (2) Mod 2. There are two types of boilers; MK1 Mod 0 contains 15.8 lbs of lithium and 4.27 lbs. of aluminum and potassium perchlorate (ALCLO), and the MK1 Mod 2 boiler contains 17.8 lbs of micro-encapsulated (Teflon) lithium and 0.2436 lbs (13 ft. @ 8.5 grams/ft.) of detonation cord (Det-cord). The lithium in both types of boilers are contained in an Inconel 625 shell and surrounded by 316 Stainless Steel tubing and weight approximately 65 pounds. The vendor may have to fire the ALCLO or Det-cord prior to final disposal.

1.2 Technical Information. Each boiler is initially filled with 15.8 (or 17.8) pounds of lithium that, when melted, reacts with a regulated oxidization agent, sulfur hexafluoride, to create the heat needed to produce steam and the primary products. The lithium is melted by ignition of ALCO or Det-cord. The balance chemical equation for the principle heat production reaction is:

8 Li + SF6 ---> 6 LiF + Li2S

The primary products of the reaction of lithium with sulfur hexafluoride are lithium sulfate (Li2S) and lithium fluoride (LiF). Therefore, in addition to the ALCO products, a boiler will contain lithium, lithium sulfate and lithium fluoride. During boiler operation the lithium and the primary products are liquids. The lithium sulfide and lithium fluoride are present as a single near eutectic liquid. The liquid lithium and the eutectic product liquid, however, are nearly insoluble so that an immiscible mixture of a light (low density) fuel liquid and a single heavy (high density) product liquid exists. When solidified, the lithium and products are randomly and irregularly stratified. Pockets of lithium may exist. The solidified products are an intimate mechanical mixture of lithium sulfide surrounded by lithium fluoride; they are not easily separable.

Varying amounts of un-reacted lithium and primary products lithium sulfide and lithium fluoride will be found in the expended boilers. The exact amount of each depends upon the utilization (percent of the initial lithium fuel load that has been reacted) which varies from boiler to boiler. There is a possibility that some boilers will have 0% utilization and, therefore, will have 100% of the initial lithium fuel load and no primary products (but will have ALCO start charge products). The table below gives the amount (in pounds) of lithium and primary products for utilization of 20%, 50% and 80%. For other utilizations the amount can be estimated by interpolation from the table:

Compounds 20% utilization weight (lbs.)

50% utilization weight (lbs.)

80% utilization weight (lbs.)

Li 12.64 7.90 3.16 Li2S 2.61 6.54 10.46 LiF 8.86 22.15 35.43

Also, approximately 0.09 lbs of lead are contained in the start charge of the boilers. Lithium metal will react vigorously with water to produce lithium hydroxide, hydrogen gas, and heat. Depending on the amount of lithium metal, the heat evolved may be great enough to ignite the hydrogen gas if mixed with air.

Lithium sulfide will react with water to form some hydrogen sulfide gas, and lithium hydroxide and lithium hydrosulfide salts. Lithium fluoride is inert to reaction with water and is practically insoluble in water (approximately 0.13g/100 ml). As a result, lithium sulfide or any other material embedded within solidified lithium fluoride will be inhibited from reaction with dissolution in water. The Contractor shall comply with applicable discharge standards for fluorides.

2 APPLICABLE DOCUMENTS.

2.1 Operations Security Guide for Defense Contractors, current revision

2.2 Contractors Guide to Environmental Compliance, current revision

2.3 Safety Requirements for Contractors and Subcontractors, current revision

3 REQUIREMENTS

3.1 OPERATIONS SECURITY (OPSEC) REQUIREMENTS. Contractor will adhere to OPSEC requirements, detailed in Section I of the Operations Security Guide for Defense Contractors. This document is available online at:

http://www.navsea.navy.mil/Home/WarfareCenters/NUWCKeyport/Resources.aspx and click on OPSEC Guide for Defense Contractors on the right-hand side.

3.2 WASTE PICKUP REQUIREMENT. Pickup shall be made during normal working (0700-1600) hours. The contractor shall notify Conrad Denny 360-396-2012/Hans Torrance 360-396-1022 two week in advance to make arrangement for pickup.

3.3 ENVIRONMENTAL PERMITS AND LICENSES. Contractor, or approved subcontractor, must possess an Environmental Protection Agency (EPA) permit or licenses, and be authorized to receive, handle, transport, and treat/recycle or dispose of hazardous waste in accordance with Federal, State, and local laws/regulations. The contractor shall comply with the NAVSEA NUWC Keyport “Contractors Guide to Environmental Compliance” available at http://www.navsea.navy.mil/Home/WarfareCenters/NUWCKeyport/Environmental.aspx and click on the Environmental Policy and Documents on the right hand side.

The guide offers the level of detail needed to comply with key environmental regulations, and is designed to meet the environmental information needs of contractors working at the facility.

3.4 *METHOD OF TREATMENT/DISPOSAL. Acceptable and approved processes for treatment/recycling or disposal of lithium boilers include the following (in alphabetical order);

a. Cutting using band saw

b. Freezing

c. Hydrolysis

d. Incineration

e. Pulverization using hammer mill

f. Safe activation of ALCLO (if required)

g. Shearing

*Notes:1. Open burning/detonation of MK 50 boiler is not approved.

2. Specific process not identified above shall require approval from the In-Service Engineering Agent (ISEA) at NUWC Keyport (Code 424), on a case-by-case basis.

3.5 DISPOSAL AT FOREIGN COUNTRY. Disposal of the boilers is only authorized in the U.S. and

Canada.

3.6 SHIPPING CONTAINERS. MK 50 boilers will be packaged in Department of Transportation (DOT) approved 65 gallon over pack drums. Within the over pack drums, twenty of the boilers are in 55 gallons drums and one is in a 30 gallon drum.

3.7 GOVERNMENT PERSONNEL INVOLVEMENT. Government personnel involvement during pickup shall be limited to forklift truck operation in order to load containers containing hazardous waste onto the truck/trailer.

3.8 TRUCK TRAILER REQUIREMENTS. The truck trailer (van trailer) used to transport containers containing boilers shall be DOT approved. Containers shall be secured to trailer(s) in accordance with Federal and State regulations.

3.9 HEALTH AND SAFETY. During pickup, the contractor must perform all operations in a prudent, conscientious, safe and professional manner. Contractor shall ensure that all personnel involved in handling hazardous waste be trained for the level of expertise required for proper performance of the task. Handling and personnel protective equipment shall be provided by the contractor and must be appropriate to ensure safe handling of the hazardous waste. The Contractor agrees that his personnel and equipment are subject to safety inspections by Government personnel while on Federal property.

The truck drivers transporting hazardous waste shall be knowledgeable of health and safety information pertaining to the waste. The contractor shall comply with NAVSEA NUWC Keyport Safety Requirements for Contractors and Subcontractors available at http://www.navsea.navy.mil/Portals/103/Documents/NUWC_Keyport/ContractorSafetyManual2013R evM.pdf

3.10 INSPECTION OF EQUIPMENT. Upon arrival at the activity, government personnel shall inspect contractor's trailer, and other associated equipment for adequacy prior to and after loading of waste.

Deficiencies rendering the truck unsafe may be cause of refusal. Trucks will not be allowed to pick up hazardous waste until such deficiencies have been corrected. Any costs associated with refusal will be the responsibility of the contractor.

3.11 USE OF SUBCONTRACTOR. The contractor shall not employ the services of any subcontractor, including transporters and treatment, storage, and disposal facilities without prior approval of the Contracting Officer.

3.12 SPILL RESPONSIBILITY. After each drum is loaded onto the trailer, the contractor will assume responsibility for securing the load to industry standards. At that point, all costs and liability resulting from any and all spills or leaks become the sole responsibility of the contractor. Contractor personnel shall wear appropriate personnel protective clothing. The contractor agrees to clean up such spills to the satisfaction of the Navy, Federal, State and Local laws and regulations at no cost to the Navy or generator.

3.13 SPILL REPORT. The contractor shall prepare incident (spill) report of any spill or leaks occurring during contract performance. This includes but is not limited to; identification of the substance spill, 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. Send report to contracting officer.

3.14 TREATMENT/DISPOSAL REPORT. Payment of invoices will not be processed until receipt of Certificate of Disposal (COD) or Certificate of Recycling (COR). Data submittal requirements can be found on the DD1423, Exhibit A.

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

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

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

0003 150 dys. ADC 1 NAVAL UNDERSEA WARFARE CENTER

CONTRACTING OFFICER

SEE CONTRACT DATA REQUIREMENTS

LIST

VARIOUS WA 98345

360-315-2215

N00253

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 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-1 Instructions to Offerors--Commercial Items OCT 2015 52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-49 Service Contract Labor Standards -- Place Of Performance

Unknown

MAY 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

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 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 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

DEC 2015

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

DEC 2015

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.

DEC 2015

252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer OCT 2013 252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 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 252.237-7010 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

52.204-17 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:

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

(End of provision)

52.204-20 Predecessor of Offeror (APR 2016)

(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 and 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 NATO's Support Agency (NSPA) to entities located outside the United States and its outlying areas that 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.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

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; X DO (DO-C9) 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)

(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:

QUOTE SUBMITTAL REQUIREMENTS:

Factor 1 - Technical Acceptability:

Offerors shall submit a detailed narrative that demonstrates understanding of the requirements and the proposed method of meeting or exceeding the requirements of the solicitation. The narrative shall outline the complete process, from beginning to end, with enough detail to show an understanding of the Hazardous Waste basic requirements listed in the Statement of Work (SOW).

The narrative must include a description of facilities, equipment and processes, and Environmental Protection Agency (EPA) Identification (ID), and United States Department of Transportation (USDOT) numbers for the transportation and disposal/treatment facilities performing the services. As stated in the SOW, paragraph 3.11, the use of subcontractors must be approved, therefore clearly identified in quote submissions.

Offerors may complete the attached Technical Capability Worksheet, or attach separate sheets if desired. (DO NOT include government drawings or government protected information for similar projects in your offer via email unless the email is digitally signed and encrypted per Federal Information Processing Standard (FIPS) Publication 140-2.)

Merely referring the evaluator to a company website or brochure is not acceptable and may result in rejection of the offer. Offerors who will not perform services directly shall provide the above-described information of subcontractors performing the services. FAILURE TO COMPLY WITH THIS REQUIREMENT MAY RESULT IN REJECTION OF

THE OFFER.

Factor 2 – Past Performance Acceptability: (no page limit)

Offerors shall demonstrate past performance and the ability to deliver products and services of high quality by completing the attached Past Performance Questionnaire (Attachment 3), for three (3) recently completed Federal Government contracts (not to exceed three years since completion) for like or similar items under this solicitation. If the offeror does not have any Federal Government contracts, then list State, local, or commercial contracts, in that order, to complete your Past Performance Questionnaire. Offerors shall include an accessible point of contact, including name and telephone number, for each reference provided. Failure to submit the Past Performance Questionnaire may be considered certification that the contractor has no past performance for like or similar services for the Government to evaluate.

Factor 3 - Price:

Offerors are required to submit prices for all line items, with the exception of Not-Separately-Priced line items.

EVALUATION INFORMATION:

Factor 1 - Technical Acceptability:

Offers must meet or exceed the specifications in the solicitation and any subsequent amendments. The information as specified in the quote submittal requirements will be evaluated to determine if the proposed supplies meet or exceed the technical requirements as specified in the solicitation document.

Technical Acceptability will be evaluated according to the following ratings and criteria:

Technical Acceptability Evaluation Rating Table Rating Description

Acceptable

Quote clearly meets the minimum requirements of the solicitation.

a. The offeror outlined the complete process, from beginning to end, with enough detail to show an understanding of the Hazardous Waste basic requirements, and how it will meet or exceed the requirements listed in the SOW.

b. The offeror listed the facilities, equipment and processes, and the EPA ID/USDOT numbers for transportation and disposal/treatment facilities.

Unacceptable

Quote clearly does not meet the minimum requirements of the solicitation. Offeror has not clearly demonstrated:

a. An outline of the complete process, from beginning to end, with enough detail to show an understanding of the Hazardous Waste basic requirements, and how it will meet or exceed the requirements listed in the SOW.

b. The offeror listed the facilities, equipment and processes, and the EPA ID/USDOT numbers for transportation and disposal/treatment facilities.

Factor 2 - Past Performance Acceptability:

Past performance will be evaluated based on the offerors demonstrated ability to satisfy its customers in the past, deliver products and services of high quality, meet delivery schedules, and comply with applicable Federal, State, and local laws and regulations.

The Government may contact some or all 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; (5) that the offeror met proposed subcontracting goals, if applicable; and (6) 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.

Offerors are advised that the Government may consider information obtained from sources other than those identified by the offeror, including Federal, State and local Government agencies, better business bureaus, published media and electronic databases including, but not limited to, Past Performance Information Retrieval System (PPIRS) and Federal Awardee Performance and Integrity Information System (FAPIIS). 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 so sparse that no meaningful past performance rating can be reasonably assigned, 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.

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.

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

Factor 3 - Price:

Offerors are required to submit prices for all line items, with the exception of Not-Separately-Priced line items.

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

Lowest Price Technically Acceptable (LPTA): 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. LPTA non-price factors include Technical and Past Performance. The Contracting Officer will then select the offer, in conformance with the solicitation, which is determined technically and past performance acceptable and offers the lowest price.

(b) No options are applicable to this procurement.

(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 (APR 2016)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (r) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“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.

“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.

“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 product and service codes (PSCs) 1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 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 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 the stock of which is owned by one or more women; and

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

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(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 on the SAMwebsite.

(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 representation 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 (q) 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 electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to 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: 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) 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)(10)(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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) 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) 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 to the Equal Opportunity clause of this solicitation; 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 parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had…