N0025319Q0307SilverReclamation.pdf
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SEE ADDENDUM
(No Collect Calls)
N0025319Q0307 11-Mar-2020
b. TELEPHONE NUMBER
360-315-3124
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 14 Apr 2020
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 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
REBECCA JO JEX
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
0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
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 OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
NAVAL UNDERSEA WARFARE CENTER
ATTN: SHANNON FALCONI
SHANNON.FALCONI@NAVY.MIL
610 DOWELL ST, 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 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: 360-396-9142 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
331492
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 OF75
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.
N0025319Q0307
Section SF 1449 - CONTINUATION SHEET
STATEMENT OF WORK
Silver Reclamation and Transfer 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
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.
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 283,229 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 (SOW) Task A.
FOB: Destination
PSC CD: P999
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 482,255 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 Statement of Work (SOW) Task A.
UNIT UNIT PRICE MAX AMOUNT
0003 243,949 Troy
Silver Account Maintenance
Base Year - Provide and maintain silver accounts in accordance with the Statement of Work (SOW) Task B.
UNIT UNIT PRICE MAX AMOUNT
0004 5 Each Transaction Fee
FFP
Base Year - Transfer 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 account balance reports in accordance with the statement of work and the quality assurance surveillance plan
(QASP).
UNIT UNIT PRICE MAX AMOUNT
1001 283,229 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 Statement of Work (SOW) Task A.
UNIT UNIT PRICE MAX AMOUNT
1002 482,255 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 Statement of Work (SOW) Task A.
UNIT UNIT PRICE MAX AMOUNT
1003 243,949 Troy
OPTION Silver Account Maintenance
Option Year 1 - Provide and maintain silver accounts in accordance with the Statement of Work (SOW) Task B.
UNIT UNIT PRICE MAX AMOUNT
1004 5 Each OPTION Transaction Fee
FFP
Option Year 1 - Transfer expense associated with Contract Line Item Number
(CLIN) 1003.
UNIT UNIT PRICE MAX AMOUNT
1005 1 Each OPTION Account & Transaction Reports
FFP
Option Year 1 - Provide transaction information and silver account balance reports in accordance with the statement of work and the quality assurance surveillance plan (QASP).
UNIT UNIT PRICE MAX AMOUNT
2001 283,229 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 Statement of Work (SOW) Task A.
UNIT UNIT PRICE MAX AMOUNT
2002 482,255 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 Statement of Work (SOW) Task A.
UNIT UNIT PRICE MAX AMOUNT
2003 243,949 Troy
Option Year 2 - Provide and maintain silver accounts in accordance with the Statement of Work (SOW) Task B.
UNIT UNIT PRICE MAX AMOUNT
2004 5 Each OPTION Transaction Fee
FFP
Option Year 2 - Transfer expense associated with Contract Line Item Number
(CLIN) 2003.
UNIT UNIT PRICE MAX AMOUNT
2005 1 Each OPTION Account & Transaction Reports
FFP
Option Year 2 - Provide transaction information and silver account balance reports in accordance with the statement of work and the quality assurance surveillance plan (QASP).
UNIT UNIT PRICE MAX AMOUNT
3001 283,229 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 Statement of Work (SOW) Task A.
UNIT UNIT PRICE MAX AMOUNT
3002 482,255 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 Statement of Work (SOW) Task A.
UNIT UNIT PRICE MAX AMOUNT
3003 243,949 Troy
Option Year 3 - Provide and maintain silver accounts in accordance with the Statement of Work (SOW) Task B.
UNIT UNIT PRICE MAX AMOUNT
3004 5 Each OPTION Transaction Fee
FFP
Option Year 3 - Transfer expense associated with Contract Line Item Number
(CLIN) 3003.
UNIT UNIT PRICE MAX AMOUNT
3005 1 Each OPTION Account & Transaction Reports
FFP
Option Year 3 - Provide transaction information and silver account balance reports in accordance with the statement of work and the quality assurance surveillance plan (QASP).
UNIT UNIT PRICE MAX AMOUNT
4001 283,229 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 Statement of Work (SOW) Task A.
UNIT UNIT PRICE MAX AMOUNT
4002 482,255 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 Statement of Work (SOW) Task A.
UNIT UNIT PRICE MAX AMOUNT
4003 243,949 Troy
Option Year 4 - Provide and maintain silver accounts in accordance with the Statement of Work (SOW) Task B.
UNIT UNIT PRICE MAX AMOUNT
4004 5 Each OPTION Transaction Fee
FFP
Option Year 4 - Transfer expense associated with Contract Line Item Number
(CLIN) 4003.
UNIT UNIT PRICE MAX AMOUNT
4005 1 Each OPTION Account & Transaction Reports
FFP
Option Year 4 - Provide transaction information and silver account balance reports in accordance with the statement of work and the quality assurance surveillance plan (QASP).
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 DODAAC /
CAGE
0001 POP 22-JUN-2020 TO
21-JUN-2021
N/A N/A
0002 POP 22-JUN-2020 TO
21-JUN-2021
0003 POP 22-JUN-2020 TO
0004 POP 22-JUN-2020 TO
0005 POP 22-JUN-2020 TO
1001 POP 22-JUN-2021 TO
21-JUN-2022
1002 POP 22-JUN-2021 TO
1003 POP 22-JUN-2021 TO
1004 POP 22-JUN-2021 TO
1005 POP 22-JUN-2021 TO
2001 POP 22-JUN-2022 TO
21-JUN-2023
2002 POP 22-JUN-2022 TO
2003 POP 22-JUN-2022 TO
2004 POP 22-JUN-2022 TO
2005 POP 22-JUN-2022 TO
3001 POP 22-JUN-2023 TO
21-JUN-2024
3002 POP 22-JUN-2023 TO
3003 POP 22-JUN-2023 TO
3004 POP 22-JUN-2023 TO
3005 POP 22-JUN-2023 TO
4001 POP 22-JUN-2024 TO
21-JUN-2025
4002 POP 22-JUN-2024 TO
4003 POP 22-JUN-2024 TO
4004 POP 22-JUN-2024 TO
4005 POP 22-JUN-2024 TO
CLAUSES INCORPORATED BY REFERENCE
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-2 Security Requirements AUG 1996 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.209-2 Prohibition on Contracting with Inverted Domestic
Corporations--Representation
NOV 2015
52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION
2018-O0018)
OCT 2018
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.225-20 Prohibition on Conducting Restricted Business Operations in
Sudan--Certification
AUG 2009
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
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
52.233-3 Protest After Award AUG 1996 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 JAN 2017 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
252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
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 JUL 2019
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.
JAN 2018
252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
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 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 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 or its outlying areas by the Defense Logistics Agency (DLA) Commercial 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 and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (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 (JUL 2016)
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) Commercial 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 and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (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).
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)
Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Representation. The Offeror represents that--
It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.
(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--
(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and
(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)
(a) Definitions. As used in this clause--
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means--
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means--
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in Federal Acquisition Regulation 4.2104.
(c) Exceptions. This clause does not prohibit contractors from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.
(End of clause)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
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, which can be accessed via https://www.sam.gov (see 52.204-7).
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 a DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation. [Contracting Officer check appropriate box.]
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:
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 exceed the Government’s performance requirements as set forth in the Statement of Work (SOW), RFP, and any subsequent amendments.
Compliance/Exceptions: If service literature does not clearly demonstrate compliance with the requirements of the SOW, the offeror must submit a Compliance/Exception document that clearly explains how the proposed service meets the SOW requirements. On a separate sheet of paper state: whether the offer complies or does not comply with the SOW; identify any “exceptions” to the SOW; and how the offered services differ from the applicable SOW 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 services meets or exceeds the technical requirements as specified in the solicitation document.
Should the 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 meets the requirements of the solicitation.
Unacceptable Proposal does not meet the 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.
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