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Hazardous Waste Transportation and Disposal
Solicitation number
N0025324Q0004
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This document is a solicitation for a Federal contract opportunity issued by the Naval Sea Systems Command (NAVSEA) for Hazardous Waste Pickup, Transport, and Disposal services. The contract has a 5-year ordering period and requires the contractor to pick up, transport, and dispose of liquid and solid Otto Fuel II hazardous waste from Joint Base Pearl Harbor-Hickam and the Pacific Missile Range Facility in Hawaii. The solicitation is set up as an Indefinite-Delivery/Indefinite-Quantity contract with firm-fixed-price line items for transportation, demurrage, and Contract Data Requirements Lists. No set-asides are specified. The targeted contract award date is July 30, 2024. Offerors must have a NIST SP 800-171 assessment of at least "BASIC" confidence level. Proposals must be submitted electronically by the offer due date of April 29, 2024.

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GFP_N0025324Q0004.pdf PDF
Exhibit A_CDRLS.pdf PDF
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WAGE DETERMINATION (SCA) No. 1996-0223, Rev. No. 61.docx DOCX document
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SEE ADDENDUM

( No Col lect Cal ls )

N0025324Q0004 21-Mar-2024

b. TELEPHONE NUMBER

360-315-3496

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 29 Apr 2024

5. SOLICITATION NUM BER 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. TH IS ACQUISI TION 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. NAM E

JESSICA RUTH REICHARD

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. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRI ATION DATA

1. REQUISITION NUMBER

20.

ADDI TIONAL 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), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO I TEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN

% FOR:SET ASI DE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVAL UNDERSEA WARFARE CENTER

ATTN: JESSICA RUTH REICHARD

610 DOWELL ST C/206

KEY PORT 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. DI SCOUNT TERMS11. DELIVERY FOR FOB DESTI NA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLIC ITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$47,000,000

NAICS:

562211

OFFER DATED

29. AW ARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY

COPI ES TO ISSUI NG 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

SM ALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF87

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEI VED INSPECTED

32b. SIGNATURE OF AUTHORI ZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATI VE

32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FI NALPARTIALCOMPLETE

36. PAY MENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHI P NUMBER

PARTI AL

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

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

41b. SIGNATURE AND TITLE OF CERTIFYI NG OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

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.

N0025324Q0004

Section SF 30 - BLOCK 14 CONTINUATION PAGE

QUESTIONS AND ANSWERS

Q1) Can you provide any information on the composition and potential contamination of the “soil” described in RFQ section 3.2 on page 25?

A1) Although soil is a possible material that would require disposal it is not likely. Contaminated soil requiring disposal should be minimal, i.e. less than one drum..

Q2a) Will any waste characterization analytical report be provided for each waste stream when a Task Order is issued?

A2a) Current practice is to provide analytical reports for a waste profile generation of each of the four waste streams at the start of the contract and then as required for renewing the profile (previously every two years). The waste is generated from a relatively unchanging maintenance environment so variation in analytical reports over the years has been minimal.

Q2b) If not, shall we assume the worst-case scenario: both liquid and solid wastes are: flammable (D001), containing reactive cyanide (D003), cadmium (D006), and lead (D008)?

A2b) Currently liquid waste streams are manifested with all four waste codes (D001, D003, D006 and D008) and solid waste streams are manifested with two waste codes (D006 and D008). It is possible that the contractor and generator will determine that these codes should change when a new waste profile is generated at the beginning of the contract and offeror should make allowances for that possibility.

Q3) Is the liquid in IBCs allowed to transfer to 55-gallon drums?

A3) If desired, transfer from IBC to 55-gallon drums must be accomplished at the contractor facility, i.e.

not on base.

Q4a) In the context of establishing pricing for the Contract Line-Item Numbers (CLINs), we are currently reviewing item number 0009 IN PAGE 7 OF N0025324Q0004 DOCUMENT , which pertains to the Contract Data Requirements List (CDRL). Could you please clarify whether this particular item should be included in our pricing structure?

A4a) As the line item for CDRLs is solicited as Not Separately Priced (NSP), any cost for CDRLs should be included in the service CLINs, and the division of CDRL cost among service CLIN pricing is at offeror discretion.

Q4b) Additionally, is it necessary to assign a price to the DD Form 1423-1 in Exhibit A -CDRLS as well in our proposal?

A4b) As the line item for CDRLs is solicited as Not Separately Priced (NSP), offeror should not assign a price to the DD Forms 1423.

Q5) Is it possible for NUWC to grant an extension for Solicitation# N0025324Q0004?

A5) Yes, see summary of changes for solicitation amendment 0002.

Q6) Can you tell us which occupation code the employee onsite picking up/transporting waste would fall under?

A6) Selection of labor category occupation code is at Offeror discretion. See also clause 52.222-42 Statement of Equivalent Rates for Federal Hires, added to the solicitation with amendment 0003.

Q7) Has your legal counsel flagged this as a public works job that is subject to prevailing wage?

A7) No.

Q8) Has NUWC filed a PWC100 form, and can you please provide the number for same?

A8) No. The form is not applicable for this solicitation.

Q9) Is NUWC willing to negotiate terms and conditions of the contract?

A9) Terms and conditions are specified in the solicitation document.

In accordance with solicitation provision M-215-H004 BASIS OF AWARD, the Government intends to make award based on initial proposals without discussions but reserves the right to conduct discussions if determined necessary (see FAR 52.215-1). Accordingly, Offeror is advised to submit its most favorable terms and conditions in its initial proposal. If unexplained discrepancies are identified, the proposal may not be considered for award.

Questions or clarifications about specific terms and conditions may be submitted in according with solicitation provision L-215-H007 SUBMISSION OF QUESTIONS BY OFFERORS - ALTERNATE I.

Q10) Are we able to provide redlines?

A10) See answer to question #9.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 8,500 Gallon

FIRST YEAR SERVICES - JBPHH

FFP

LIQUID HAZARDOUS WASTE DISPOSAL. WASTE STORED IN 550-

GALLON INTERMEDIATE BULK CONTAINERS (IBC). EMPTY IBCs

MUST BE RETURNED WITHIN 120 DAYS OF THE PICKUP DATE.

FOB: Destination

PSC CD: F108

NET AMT

0002 180 Drum

FIRST YEAR SERVICES - JBPHH

FFP

SOLID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

0003 6 Each

FIRST YEAR SERVICES - JBPHH

FFP

TRANSPORTATION COSTS FOR CLIN 0001 LIQUID WASTE IN IBC.

INCLUDE ROUND TRIP COST FOR PICKUP/RETURN OF IBCs PER EACH

TRANSPORT. PICKUP LOCATION IS JOINT BASE PEARL HARBOR-

HICKAM

WEST LOCK ANNEX, BLDG 440, EWA BEACH, HI

0004 6 Each

FIRST YEAR SERVICES - JBPHH

FFP

TRANSPORTATION COSTS FOR CLIN 0002 SOLID WASTE FROM

PICKUP LOCATION TO FINAL DISPOSAL LOCATION.. PICKUP

LOCATION IS JOINT BASE PEARL HARBOR-HICKAM WEST LOCK

ANNEX, BLDG 440, EWA BEACH, HI

0005 18 Hours

FIRST YEAR SERVICES

FFP

DEMURRAGE COSTS

0006 60 Drum

FIRST YEAR SERVICES - PMRF

FFP

LIQUID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

0007 20 Drum

FIRST YEAR SERVICES - PMRF

FFP

SOLID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

0008 6 Each

FIRST YEAR SERVICES - PMRF

FFP

TRANSPORTATION COSTS FOR CLIN 0006 LIQUID WASTE AND CLIN

0007 SOLID WASTE FROM PICKUP LOCATION TO FINAL DISPOSAL

LOCATION. PICKUP LOCATION IS YOUNG BROTHERS PIER 39/40,

HONOLULU HARBOR (1331 N NIMITZ HWY, HONOLULU, HI 96817)

CONTRACT DATA REQUIREMENTS LIST (CDRL)

FFP

IN ACCORDANCE WITH THE PERFORMANCE WORK STATEMENT AND

EXHIBIT A. APPLICABLE TO ALL CLINs.

NOT SEPARATELY PRICED (NSP).

1001 8,500 Gallon

SECOND YEAR SERVICES - JBPHH

FFP

LIQUID HAZARDOUS WASTE DISPOSAL. WASTE STORED IN 550-

GALLON INTERMEDIATE BULK CONTAINERS (IBC). EMPTY IBCs

MUST BE RETURNED WITHIN 120 DAYS OF THE PICKUP DATE.

1002 180 Drum

SECOND YEAR SERVICES - JBPHH

FFP

SOLID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

1003 6 Each

SECOND YEAR SERVICES - JBPHH

FFP

TRANSPORTATION COSTS FOR CLIN 1001 LIQUID WASTE IN IBC.

INCLUDE ROUND TRIP COST FOR PICKUP/RETURN OF IBCs PER EACH

TRANSPORT. PICKUP LOCATION IS JOINT BASE PEARL HARBOR-

HICKAM

WEST LOCK ANNEX, BLDG 440, EWA BEACH, HI

1004 6 Each

SECOND YEAR SERVICES - JBPHH

FFP

TRANSPORTATION COSTS FOR CLIN 1002 SOLID WASTE FROM

PICKUP LOCATION TO FINAL DISPOSAL LOCATION.. PICKUP

LOCATION IS JOINT BASE PEARL HARBOR-HICKAM WEST LOCK

ANNEX, BLDG 440, EWA BEACH, HI

1005 18 Hours

SECOND YEAR SERVICES

FFP

DEMURRAGE COSTS

1006 60 Drum

SECOND YEAR SERVICES - PMRF

FFP

LIQUID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

1007 20 Drum

SECOND YEAR SERVICES - PMRF

FFP

SOLID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

1008 6 Each

SECOND YEAR SERVICES - PMRF

FFP

TRANSPORTATION COSTS FOR CLIN 1006 LIQUID WASTE AND CLIN

1007 SOLID WASTE FROM PICKUP LOCATION TO FINAL DISPOSAL

LOCATION. PICKUP LOCATION IS YOUNG BROTHERS PIER 39/40,

HONOLULU HARBOR (1331 N NIMITZ HWY, HONOLULU, HI 96817)

2001 8,500 Gallon

THIRD YEAR SERVICES - JBPHH

FFP

LIQUID HAZARDOUS WASTE DISPOSAL. WASTE STORED IN 550-

GALLON INTERMEDIATE BULK CONTAINERS (IBC). EMPTY IBCs

MUST BE RETURNED WITHIN 120 DAYS OF THE PICKUP DATE.

2002 180 Drum

THIRD YEAR SERVICES - JBPHH

FFP

SOLID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

2003 6 Each

THIRD YEAR SERVICES - JBPHH

FFP

TRANSPORTATION COSTS FOR CLIN 2001 LIQUID WASTE IN IBC.

INCLUDE ROUND TRIP COST FOR PICKUP/RETURN OF IBCs PER EACH

TRANSPORT. PICKUP LOCATION IS JOINT BASE PEARL HARBOR-

HICKAM

WEST LOCK ANNEX, BLDG 440, EWA BEACH, HI

2004 6 Each

THIRD YEAR SERVICES - JBPHH

FFP

TRANSPORTATION COSTS FOR CLIN 2002 SOLID WASTE FROM

PICKUP LOCATION TO FINAL DISPOSAL LOCATION.. PICKUP

LOCATION IS JOINT BASE PEARL HARBOR-HICKAM WEST LOCK

ANNEX, BLDG 440, EWA BEACH, HI

2005 18 Hours

THRD YEAR SERVICES

FFP

DEMURRAGE COSTS

2006 60 Drum

THIRD YEAR SERVICES - PMRF

FFP

LIQUID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

2007 20 Drum

THIRD YEAR SERVICES - PMRF

FFP

SOLID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

2008 6 Each

THIRD YEAR SERVICES - PMRF

FFP

TRANSPORTATION COSTS FOR CLIN 2006 LIQUID WASTE AND CLIN

2007 SOLID WASTE FROM PICKUP LOCATION TO FINAL DISPOSAL

LOCATION. PICKUP LOCATION IS YOUNG BROTHERS PIER 39/40,

HONOLULU HARBOR (1331 N NIMITZ HWY, HONOLULU, HI 96817)

3001 8,500 Gallon

FOURTH YEAR SERVICES - JBPHH

FFP

LIQUID HAZARDOUS WASTE DISPOSAL. WASTE STORED IN 550-

GALLON INTERMEDIATE BULK CONTAINERS (IBC). EMPTY IBCs

MUST BE RETURNED WITHIN 120 DAYS OF THE PICKUP DATE.

3002 180 Drum

FOURTH YEAR SERVICES - JBPHH

FFP

SOLID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

3003 6 Each

FOURTH YEAR SERVICES - JBPHH

FFP

TRANSPORTATION COSTS FOR CLIN 3001 LIQUID WASTE IN IBC.

INCLUDE ROUND TRIP COST FOR PICKUP/RETURN OF IBCs PER EACH

TRANSPORT. PICKUP LOCATION IS JOINT BASE PEARL HARBOR-

HICKAM

WEST LOCK ANNEX, BLDG 440, EWA BEACH, HI

3004 6 Each

FOURTH YEAR SERVICES - JBPHH

FFP

TRANSPORTATION COSTS FOR CLIN 3002 SOLID WASTE FROM

PICKUP LOCATION TO FINAL DISPOSAL LOCATION.. PICKUP

LOCATION IS JOINT BASE PEARL HARBOR-HICKAM WEST LOCK

ANNEX, BLDG 440, EWA BEACH, HI

3005 18 Hours

FOURTH YEAR SERVICES

FFP

DEMURRAGE COSTS

3006 60 Drum

FOURTH YEAR SERVICES - PMRF

FFP

LIQUID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

3007 20 Drum

FOURTH YEAR SERVICES - PMRF

FFP

SOLID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

3008 6 Each

FOURTH YEAR SERVICES - PMRF

FFP

TRANSPORTATION COSTS FOR CLIN 3006 LIQUID WASTE AND CLIN

3007 SOLID WASTE FROM PICKUP LOCATION TO FINAL DISPOSAL

LOCATION. PICKUP LOCATION IS YOUNG BROTHERS PIER 39/40,

HONOLULU HARBOR (1331 N NIMITZ HWY, HONOLULU, HI 96817)

4001 8,500 Gallon

FIFTH YEAR SERVICES - JBPHH

FFP

LIQUID HAZARDOUS WASTE DISPOSAL. WASTE STORED IN 550-

GALLON INTERMEDIATE BULK CONTAINERS (IBC). EMPTY IBCs

MUST BE RETURNED WITHIN 120 DAYS OF THE PICKUP DATE.

4002 180 Drum

FIFTH YEAR SERVICES - JBPHH

FFP

SOLID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

4003 6 Each

FIFTH YEAR SERVICES - JBPHH

FFP

TRANSPORTATION COSTS FOR CLIN 4001 LIQUID WASTE IN IBC.

INCLUDE ROUND TRIP COST FOR PICKUP/RETURN OF IBCs PER EACH

TRANSPORT. PICKUP LOCATION IS JOINT BASE PEARL HARBOR-

HICKAM

WEST LOCK ANNEX, BLDG 440, EWA BEACH, HI

4004 6 Each

FIFTH YEAR SERVICES - JBPHH

FFP

TRANSPORTATION COSTS FOR CLIN 4002 SOLID WASTE FROM

PICKUP LOCATION TO FINAL DISPOSAL LOCATION.. PICKUP

LOCATION IS JOINT BASE PEARL HARBOR-HICKAM WEST LOCK

ANNEX, BLDG 440, EWA BEACH, HI

4005 18 Hours

FIFTH YEAR SERVICES

FFP

DEMURRAGE COSTS

4006 60 Drum

FIFTH YEAR SERVICES - PMRF

FFP

LIQUID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

4007 20 Drum

FIFTH YEAR SERVICES - PMRF

FFP

SOLID HAZARDOUS WASTE DISPOSAL.

WASTE STORED IN 55-GALLON DRUMS.

4008 6 Each

FIFTH YEAR SERVICES - PMRF

FFP

TRANSPORTATION COSTS FOR CLIN 4006 LIQUID WASTE AND CLIN

4007 SOLID WASTE FROM PICKUP LOCATION TO FINAL DISPOSAL

LOCATION. PICKUP LOCATION IS YOUNG BROTHERS PIER 39/40,

HONOLULU HARBOR (1331 N NIMITZ HWY, HONOLULU, HI 96817)

PERFORMANCE WORK STATEMENT

HAZARDOUS WASTE PICKUP, TRANSPORT, AND DISPOSAL

1. SCOPE

Pickup, transport, and disposal of liquid and solid Otto Fuel II Hazardous Waste (HazWaste) generated at Joint Base Pearl Harbor-Hickam West Lock Annex (JBPHH) and Pacific Missile Range Facility (PMRF). The pickup locations are as follows:

For JBPHH:

Joint Base Pearl Harbor-Hickam West Lock Annex, Bldg 440 Eva Beach, HI 96860

For PMRF:

Young Brother’s Pier 39/40, Honolulu Harbor 1331 N Nimitz Hwy Honolulu, HI 96817

2. REQUIREMENTS

2.1 The estimated number of pickups with associated quantities for JBPHH is six (6) pickups per year of

1,400 gallons per pickup of Liquid HazWaste in Intermediate Bulk Containers (IBCs), and six (6) pickups per year with thirty (30) 55-gallon drums per pickup of Solid HazWaste.

2.2 The estimated number of pickups with associated quantities for PMRF is six (6) pickups per year of ten (10) 55-gallon drums per pickup of Liquid HazWaste, and three (3) 55-gallon drums per pickup of Solid HazWaste.

2.3 Transportation shall include pickup from the designated location and transport of the liquid and solid waste to the final disposal location(s). In the case of JBPHH, liquid waste transportation includes return transit of IBCs to JBPHH. In the case of PMRF, transportation includes return of reusable pallets to the PMRF Liaison at Honolulu.

2.3.1 After disposal of contents, IBCs shall be returned to the JBPHH within 120 days of pickup.

2.3.1.1 IBCs shall be rinsed clean of HazWaste contaminants.

2.3.1.2 IBCs shall be returned in same condition as the condition at time of pickup.

2.3.1.3 The contractor shall take protective measures during transporting, pumping, and cleaning operations to prevent damage affecting IBC functionality. Damage affecting functionality includes, but is not limited to, cross-threaded connections, punctures, dents, severed gaskets, and other damage preventing ability to pressurize the IBC or causing hazardous waste leakage during stowage and operation. Allowable damage affecting IBC functionality: NONE.

2.3.1.4 Normal wear and tear such as minor scratches, dings, and scuff marks associated with transportation is acceptable.

2.3.2 After drums from PMRF are collected at Young Brother’s Pier, drums will be removed from pallets, and pallets shall be held on island of Oahu for return to the PMRF Liaison on Honolulu. Contractor will notify PMRF Liaison that pallets are available for collection within thirty (30) days of pickup. PMRF Liaison will collect pallets from Contractor facility within fourteen (14) days of notification.

2.3.2.1 Pallets shall be returned in same condition as the condition at time of pickup.

2.3.2.2 No damage affecting functionality is acceptable e.g. cracks or dents that impact pallet integrity.

2.3.2.3 Normal wear and tear associated with transportation is acceptable such as minor scratches, minor dings, and scuff marks.

2.4 Task order issuance will identify the definite number of pickups with associated quantities and will identify required pickup dates in order to meet Environmental Protection Agency (EPA) 90-day requirements.

2.5 Each task order will identify a Government point of contact for pickup coordination. The Contractor shall notify the point of contact two weeks in advance to arrange the pickup.

2.5.1 If an emergent situation requires a task order to be issued with less than two weeks in advance of the pickup, the Government will coordinate with the Contractor regarding pickup requirement within two business days of identification of emergent situation.

2.6 After each pickup is delivered to the disposal facility, completed manifest per Contract Data Requirements List

(CDRL) A002 shall be forwarded to NUWC Division, Keyport within fourteen (14) days for verification and record keeping. Additional documents such as land ban form and truck inspection checklist shall be made available upon request by the COR.

2.6.1 The contractor shall complete all transportation and disposal documentation in compliance with EPA, Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA), State, and Local laws and regulations.

2.6.2 The Contracting Officer’s Representative (COR) and NUWC Division, Keyport technical team will review documents and notify Contractor of any errors found so that Contractor can make corrections to ensure documentation is in compliance.

3 WASTE CONTENT

3.1 The liquid waste will be multiphase consisting of water (10-40%), motor oil (10-40%), mineral spirits (10-

40%), alcohol (0-3%) detergents and other cleaning fluids contaminated with Otto Fuel II (0-2,000 ppm) and its combustion by-products (e.g. HCN @ 5—600 ppm). The waste may have high enough levels to carry D001 (alcohol), D003 (HCN), D006 (cadmium), and D008 (lead) waste codes.

3.2 The solid waste consists of Otto Fuel II stained disposable protective clothing and gloves, paper wipes, polyethylene drum liners, empty Otto Fuel II contaminated drums, absorbent material (speedy-dry) rags, paint brushes, plastic bags, small cans, bottles, and debris that is soiled with the contaminated torpedo maintenance cleaning liquids. Material also may contain spill cleanup material and soil. The waste may have high enough levels to carry D001 (alcohol), D003 (HCN), D006 (cadmium) and D008 (lead) waste codes.

4 CONTRACTOR AND DISPOSAL FACILITY QUALIFICATION

Contractors and subcontractors shall use disposal facilities and transporters that are on the current Defense Logistics Agency (DLA) Disposition Services “Qualified Lists” available at https://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/QualifiedFacilitiesList/ and https://www.dla.mil/DispositionServices/Offers/Disposal/HazardousWaste/QualifiedtransportersList/.

5 HEALTH, SAFETY, AND SECURITY

5.1 The Contractor shall handle, transport, and dispose of HazWaste in accordance with all Federal (i.e. DOT, EPA, OSHA), and State rules, laws, and regulations.

5.2 The Contractor is responsible for training personnel in accordance with all Federal (i.e. DOT, EPA, OSHA) and

State rules, laws, and regulations and for providing and wearing appropriate chemical splash personal protective clothing (e.g. TyChem QC®, ProShield®, TyVek®, etc.) when needed.

5.2.1 The Contractor shall provide appropriate current training certifications for personnel prior to or at time of service, including but not limited to: Hazardous Waste Operations and Emergency Response (HAZWOPER) training and Resource Conservation and Recovery Act (RCRA) training, per Contract Data Requirements List (CDRL) A003.

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

5.4 The Contractor shall prepare a Spill Report per Contract Data Requirements List (CDRL) A001 for all leaks or spills occurring during contract performance.

5.5 The Contractor shall comply with the following Naval Undersea Warfare Center Division, Keyport (NUWC Keyport) publications found at https://www.navsea.navy.mil/Home/Warfare-Centers/NUWC- Keyport/Resources/:

- Safety Requirements for Contractors and Subcontractors

- Contractor’s Guide to Environmental Compliance

- OPSEC (Operations Security) Guide for Defense Contractors

5.6 Contractor shall comply with JBPHH, Navy Region Hawaii HAZWASTE and Environmental policy:

https://cnrh.cnic.navy.mil/Operations-and-Management/Environmental/.

5.7 Contractor shall comply with the security requirements for access to the JBPHH installation. For JBPHH, Contractor will utilize only personnel who have a Defense Biometric Identification System (DBIDS) pass;

Contractor personnel without DBIDS pass will be denied entry to JBPHH West Lock. Information regarding security requirements and installation access is available at https://cnrh.cnic.navy.mil/Installations/JB-Pearl- Harbor-Hickam/Operations-and-Management/Nimitz-Visitor-Control-Center-Pass-ID/

5.7.1 Following contract award, Contractor shall obtain a DBIDS pass from the JBPHH Pass & ID Office via the

Submarine Torpedo Intermediate Maintenance Activity (SUBTORPIMA) ADMIN/Security Office with a specified beginning or start date.

5.7.2 A DBIDS pass usually expires within one year from beginning/start date (or contract term date will be used, whichever is earlier).

5.7.3 Contractor will notify the SUBTORPIMA ADMIN/Security Office of need to renew DBIDS pass sixty

(60) days prior to expiration in order to obtain the required renewal forms (SECNAV 5512/1) and shall submit renewal forms to ensure processing is completed prior to pass expiration.

5.7.4 Pass & ID Office, JBPHH, requires fourteen (14) business days for DBIDS pass processing. Contractor will ensure that all application forms are submitted to the SUBTORPIMA ADMIN/Security Office within sixteen (16) business days of expiration date or desired start date on the DBIDS pass.

5.7.5 Application forms will be returned to the Contractor if there are any incomplete or wrong entries.

Contractor should understand that this will delay application approval.

5.7.6 The SUBTORPIMA ADMIN/Security will notify the contractor when the DBIDS pass application has been approved and provide further guidance regarding JBPHH’s process for DBIDS pass issuance.

6 DISPOSAL COST

The quantity identified for each line item in the schedule is the estimated maximum amount of material that will be disposed of pursuant to Orders issued under the contract during the ordering period applicable to the line item. The UNIT PRICE represents the proposed price for disposal per unit disposed (e.g. drum, each). The AMOUNT represents the product of the UNIT PRICE multiplied by the QUANTITY. The UNIT PRICE shall include all costs for disposal not otherwise provided for by separate applicable line items (e.g. transportation line items). The amount to be invoiced and the amount the Government will pay for disposal will be determined by multiplying the UNIT PRICE by the number of corresponding units disposed of. One invoice will be prepared for each task order.

7 TRANSPORTATION COST

Line items designated for Transportation Costs provide a method to pay for transportation of the material to be disposed of. Each UNIT of transportation includes all transportation related costs for a complete round trip (i.e.

pickup, disposal, and return, as applicable). The rate for the transportation cost line items shall include initial delivery of a tank or truck to the pickup facility, loading IBCs/drums, and return transport to the pickup facility, if applicable. Transoceanic shipment may be accounted for in either the applicable transportation line item or the UNIT PRICE per gallon or UNIT PRICE per drum for disposal. Transportation line items shall include the price for Certificate of Disposal for all material disposed of.

8 DEMURRAGE

When the Contractor reports to a designated pickup site, at the designated time, Government personnel will be present to perform functions necessary to facilitate the pickup. If Government personnel are not available to perform those functions or the Government fails to perform its obligations so as to otherwise cause the Contractor to stand-by, then the Contractor may invoice for demurrage subject to the conditions set forth as follows: The Contractor shall immediately report to the Government point of contact upon arrival at the pickup site. If the Contractor is on stand-by for between 30 and 60 minutes the Contractor may invoice for one (1) hour of demurrage.

The Contractor shall then telephone the Contracting Officer to report stand-by status and request instructions. The Contractor will then comply with the Contracting Officer’s direction. If the Contracting Officer directs the Contractor to continue to stand-by and the Contractor is in a standby status for between 90 and 120 minutes, the contractor may invoice for two (2) hours demurrage. Demurrage does not apply to delay(s) resulting from Contractor personnel noncompliance with PWS paragraph 5.7.

9 REPORTING REQUIREMENTS

The Contractor shall be required to submit the CDRLs identified in Exhibit A, which are summarized in the table below.

Table 9-1. HazWaste CDRL Matrix

CDRL Description

PWS

Paragraph(s)

Submission

A001 Spill Report 5.4 Contractor shall provide data by electronic format (document or PDF)

A002 Hazardous Waste Report 2.6 Contractor shall provide data by electronic format (document or PDF)

A003 Certification Data Report - Personnel Qualifications

5.2.1 Contract shall provide data by electronic format (document or PDF)

The minimum guarantee of $10,000 will be obligated on the first delivery order.

10. PERFORMANCE REQUIREMENTS

The table below identifies the required performance standards and quality levels.

Table 10-1. Performance Requirements Summary (PRS)

Desired Outcome

Required Service

Performance Standards

Method of Surveillance AQL

PWS

Paragraph

On-time service Pickup of hazardous waste

Otto Fuel HazWaste shall be picked up within the timeframe specified in task order

COR will compare manifests against task order dates

100% compliance

2.4

Desired Outcome

Required Service

Performance Standards

Method of Surveillance AQL

PWS

Paragraph

IBCs returned on-time

Return of IBCs to JBPHH

Contractor shall return IBCs within 120 days

Date IBCs received will be compared to date of pickup

95% compliance

2.3.1

Pallets returned on-time

Return of pallets to PMRF Liaison

Contractor shall provide notice that pallets are available for collection within 30 days of pickup

Date of notice will be compared to date of pickup

95% compliance

2.3.2

Documentation provided on-time

Documentation provided to

COR

Contractor shall forward completed documentation within 14 days

Date manifest received will be compared to the date of receipt at designated facility

95% compliance

2.6

Documentation completed per regulations

Transportation and disposal documentation provided to

COR

Contractor shall complete documentation in compliance with regulations

COR will review manifests for compliance

100% compliance

2.6.1

Use of approved transporters and facilities

Transportation and disposal of hazardous waste

Contractor shall utilize DLA approved disposal facilities and transporters

COR will review manifests for compliance

100% compliance

Hazardous waste pickups at JBPHH do not require Government escort

Pickup of hazardous waste

JBPHH pickups performed by driver with DBIDS pass

Requests for escort on base will be reported to COR

No requests made

5.7

(End of Performance Work Statement)

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 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 N/A N/A N/A Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 Destination Government Destination Government 1006 Destination Government Destination Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 Destination Government Destination Government 2006 Destination Government Destination Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 3005 Destination Government Destination Government 3006 Destination Government Destination Government 3007 Destination Government Destination Government 3008 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government 4005 Destination Government Destination Government 4006 Destination Government Destination Government 4007 Destination Government Destination Government 4008 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2024 TO

31-JUL-2025

N/A N/A

0002 POP 01-AUG-2024 TO

0003 POP 01-AUG-2024 TO

0004 POP 01-AUG-2024 TO

0005 POP 01-AUG-2024 TO

0006 POP 01-AUG-2024 TO

0007 POP 01-AUG-2024 TO

0008 POP 01-AUG-2024 TO

0009 N/A N/A N/A N/A

1001 POP 01-AUG-2025 TO

31-JUL-2026

1002 POP 01-AUG-2025 TO

31-JUL-2026

1003 POP 01-AUG-2025 TO

1004 POP 01-AUG-2025 TO

1005 POP 01-AUG-2025 TO

1006 POP 01-AUG-2025 TO

1007 POP 01-AUG-2025 TO

1008 POP 01-AUG-2025 TO

2001 POP 01-AUG-2026 TO

31-JUL-2027

2002 POP 01-AUG-2026 TO

2003 POP 01-AUG-2026 TO

2004 POP 01-AUG-2026 TO

2005 POP 01-AUG-2026 TO

2006 POP 01-AUG-2026 TO

2007 POP 01-AUG-2026 TO

2008 POP 01-AUG-2026 TO

3001 POP 01-AUG-2027 TO

31-JUL-2028

3002 POP 01-AUG-2027 TO

3003 POP 01-AUG-2027 TO

3004 POP 01-AUG-2027 TO

3005 POP 01-AUG-2027 TO

3006 POP 01-AUG-2027 TO

3007 POP 01-AUG-2027 TO

3008 POP 01-AUG-2027 TO

4001 POP 01-AUG-2028 TO

31-JUL-2029

4002 POP 01-AUG-2028 TO

4003 POP 01-AUG-2028 TO

4004 POP 01-AUG-2028 TO

4005 POP 01-AUG-2028 TO

4006 POP 01-AUG-2028 TO

4007 POP 01-AUG-2028 TO

4008 POP 01-AUG-2028 TO

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.211-2 Availability of Defense Specifications, Standards, and Data Item Descriptions in the Acquisition Streamlining and Standardization Information System (ASSIST) Website

SEP 2023

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (NOV 2023) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.215-1 Instructions to Offerors--Competitive Acquisition NOV 2021 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 (Dev) Price Reduction for Defective Certified Cost or Pricing Data--

Modifications (DEVIATION 2022-O0001)

OCT 2021

52.215-12 (Dev) Subcontractor Certified Cost or Pricing Data (DEVIATION 2022-O0001)

OCT 2021

52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications (Deviation 2022-O0001)

OCT 2021

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data

NOV 2021

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.219-8 (Dev) Utilization of Small Business Concerns (DEVIATION 2024- O0002)

JAN 2024

52.222-25 Affirmative Action Compliance APR 1984 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-6 Drug-Free Workplace MAY 2001 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-2 Service Of Protest SEP 2006 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial

Services

DEC 2023

52.245-1 Government Property SEP 2021

52.245-9 Use And Charges APR 2012 52.247-34 F.O.B. Destination NOV 1991 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 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 DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

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 JAN 2023 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 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

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.215-7008 Only One Offer DEC 2022 252.215-7010 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

JAN 2023

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

JAN 2023

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial

Satellite Services.

DEC 2022

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

JAN 2023

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7061 Restriction on the Acquisition of Personal Protective Equipment and Certain Other Items from Non-Allied Foreign Nations

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.227-7013 Rights in Technical Data--Other Than Commercial Products and Commercial Services

MAR 2023

252.227-7015 Technical Data--Commercial Products and Commercial Services

MAR 2023

252.227-7016 Rights in Bid or Proposal Information JAN 2023 252.227-7017 Identification and Assertion of Use, Release, or Disclosure

Restrictions

JAN 2023

252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 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

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7022 Representation of Extent of Transportation by Sea JUN 2019 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

(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 websites) 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 products or commercial services, 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 (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) 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. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) 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, 2020, from entering into a contract or extending or renewing a contract with an entity that uses 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. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) 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. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number,…

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