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SF30 N39040-16-T-0003 Amendment 0003 dated 11/02/2016 (50 pages)

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

Amendment 0003 is to: 1) Revise the Base Period CLIN 0001, and Option Period CLINS 1001 and 2001 Ordering Periods; 2) Change the contract type from FFP Supply to FFP Service, and the FSC code from 4540 to W045; 3) Update the Clauses and Provisions; 4) Change the solicitation strategy from a 100% small business set-aside action to allow for full and open/unrestricted competition; 5) Add Section J Att 9, SCA Wage Determination; 6) Add Section J Att 10, IDIQ Chemical Toilets SOW_11/01/2016; 7) Provide offerors the opportunity to submit proposals w ith a required response date/time of 21-Nov-2016 11:00 AM, EST. SEE CONTINUATION PAGE FOR DETAILED DESCRIPTION.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 50

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 02-Nov-2016

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N39040-16-T-0003

X 9B. DATED (SEE ITEM 11)

13-Jun-2016

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

02-Nov-2016

CODE

PORTSMOUTH NAVAL SHIPYARD

CODE 410

KITTERY ME 03904

N39040 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N39040-16-T-0003

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The set aside percentage 100.00% has been deleted.

The required response date/time has changed from 28-Sep-2016 11:00 AM to 21-Nov-

2016 12:00 AM.

The Acquisition Set Aside has changed from Small Business to No Preference / Not Listed.

SUPPLIES OR SERVICES AND PRICES

Global Changes

CLIN 0001 -- CLIN 2001

The FSC code has changed from 4540 to W045.

CLIN 0001

The CLIN extended description has changed from:

BASE PERIOD (PNS): Contractor shall provide rental, transportation, maintenance services and 2x/weekly of Portable Chemical Toilets EQUIPPED WITH LIFTING EYES at Portsmouth Naval Shipyard (PNS) in Kittery, ME in accordance with Specifications in Section C. During the ordering period, the government may require up to TWELVE (12) Portable Chemical Toilet unit rentals on-site at one time to support concurrent shipyard operations.

Toilet units will be ordered as needed under separate, but concurrent Delivery Order contracts.Place of Performance:

Portsmouth Naval Shipyard (PNS), Kittery, MEPeriod of Performance: 01 November 2016 through 31 October

To:

BASE PERIOD (PNS): Contractor shall provide rental, transportation, maintenance services and 2x/weekly of Portable Chemical Toilets EQUIPPED WITH LIFTING EYES at Portsmouth Naval Shipyard (PNS) in Kittery, ME in accordance with Specifications in Section C. During the ordering period, the government may require up to TWELVE (12) Portable Chemical Toilet unit rentals on-site at one time to support concurrent shipyard operations.

Toilet units will be ordered as needed under separate, but concurrent Delivery Order contracts.Place of Performance:

Portsmouth Naval Shipyard (PNS), Kittery, MEPeriod of Performance: 31 December 2016 through 30 December 2017.

CLIN 1001

OPTION PERIOD 1 (PNS): Contractor shall provide rental, transportation, and 2x/weekly maintenance services of Portable Chemical Toilets EQUIPPED WITH LIFTING EYES at Portsmouth Naval Shipyard (PNS) in Kittery, ME in accordance with Specifications in Section C. During the ordering period, the government may require up to

TWENTY (20) Portable Chemical Toilet unit rentals on-site at one time to support concurrent shipyard operations.

Toilet units will be ordered as needed under separate, but concurrent Delivery Order contracts. Place of Performance: Portsmouth Naval Shipyard (PNS), Kittery, MEPeriod of Performance: 01 November 2017 through 31 October 2018

To:

OPTION PERIOD 1 (PNS): Contractor shall provide rental, transportation, and 2x/weekly maintenance services of Portable Chemical Toilets EQUIPPED WITH LIFTING EYES at Portsmouth Naval Shipyard (PNS) in Kittery, ME in accordance with Specifications in Section C. During the ordering period, the government may require up to TWENTY (20) Portable Chemical Toilet unit rentals on-site at one time to support concurrent shipyard operations.

Toilet units will be ordered as needed under separate, but concurrent Delivery Order contracts. Place of Performance: Portsmouth Naval Shipyard (PNS), Kittery, MEPeriod of Performance: 31 December 2017 through 30 December 2018.

CLIN 2001

OPTION YEAR 2 (PNS): Contractor shall provide rental, transportation, and 2x/weekly maintenance services of Portable Chemical Toilets EQUIPPED WITH LIFTING EYES at Portsmouth Naval Shipyard (PNS) in Kittery, ME in accordance with Specifications in Section C. During the ordering period, the government may require up to TWENTY (20) Portable Chemical Toilet unit rentals on-site at one time to support concurrent shipyard operations.

Toilet units will be ordered as needed under separate, but concurrent Delivery Order contracts. Place of Performance: Portsmouth Naval Shipyard (PNS), Kittery, MEPeriod of Performance: 01 November 2018 through 31 October 2019

To:

OPTION PERIOD 2 (PNS): Contractor shall provide rental, transportation, and 2x/weekly maintenance services of Portable Chemical Toilets EQUIPPED WITH LIFTING EYES at Portsmouth Naval Shipyard (PNS) in Kittery, ME in accordance with Specifications in Section C. During the ordering period, the government may require up to TWENTY (20) Portable Chemical Toilet unit rentals on-site at one time to support concurrent shipyard operations.

Toilet units will be ordered as needed under separate, but concurrent Delivery Order contracts. Place of Performance: Portsmouth Naval Shipyard (PNS), Kittery, MEPeriod of Performance: 31 December 2018 through 30 December 2019.

DELIVERIES AND PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

POP 01-NOV-2016 TO

31-OCT-2017

N/A PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

CODE 501.2 RECEIVING OFFICER

BUILDING 170

KITTERY ME 03904

207-438-5206 FOB: Destination

N39040

To:

DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

POP 31-DEC-2016 TO

30-DEC-2017

N/A PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

CODE 501.2 RECEIVING OFFICER

BUILDING 170

KITTERY ME 03904

207-438-5206

The following Delivery Schedule item for CLIN 1001 has been changed from:

POP 01-NOV-2017 TO

31-OCT-2018

N/A PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

CODE 501.2 RECEIVING OFFICER

BUILDING 170

KITTERY ME 03904

207-438-5206

POP 31-DEC-2017 TO

30-DEC-2018

N/A PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

CODE 501.2 RECEIVING OFFICER

BUILDING 170

KITTERY ME 03904

207-438-5206

The following Delivery Schedule item for CLIN 2001 has been changed from:

POP 01-NOV-2018 TO

31-OCT-2019

N/A PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

CODE 501.2 RECEIVING OFFICER

BUILDING 170

KITTERY ME 03904

207-438-5206

POP 31-DEC-2018 TO

30-DEC-2019

N/A PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

CODE 501.2 RECEIVING OFFICER

BUILDING 170

KITTERY ME 03904

207-438-5206

TABLE OF CONTENTS

The Table of Contents has changed from:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 2 Chemical Toilets

Statement of Work

1 09-JUN-2016

Attachment 3 Past Performance Information Form

1 13-JUN-2016

Attachment 4 Contract Administration Plan (CAP) for Fixed Price Contracts

3 13-JUN-2016

Attachment 5 Quality Assurance Surveillance Plan (QASP)

4 13-JUN-2016

Attachment 6 QASP Att A - QASP Matrix

1 13-JUN-2016

Attachment 7 REV 1 Chemical Toilets Statement of Work

2 09-SEP-2016

Attachment 8 Offeror Quote Calculation Sheet

1 09-SEP-2016

to:

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 10 IDIQ Chem Toilets SOW

(Updated Spec Format)

4 01-NOV-2016

Attachment 2 Chemical Toilets Statement of Work

1 09-JUN-2016

Attachment 3 Past Performance Information Form

1 13-JUN-2016

Attachment 4 Contract Administration Plan (CAP) for Fixed Price Contracts

3 13-JUN-2016

Attachment 5 Quality Assurance Surveillance Plan (QASP)

4 13-JUN-2016

Attachment 6 QASP Att A - QASP Matrix

1 13-JUN-2016

Attachment 7 REV 1 Chemical Toilets Statement of Work

2 09-SEP-2016

Attachment 8 Offeror Quote Calculation 1 09-SEP-2016

Sheet Attachment 9 Service Contract Act

Wage Determination 2005-2241 Rev18

10 29-DEC-2015

The following have been added by reference:

52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

The following have been added by full text:

LIABILITY INSURANCE LIMITS

Pursuant to the terms of the clause of this contract entitled INSURANCE - LIABILITY TO THIRD PARTIES FAR 52.228-7), following are the kinds and minimum amounts of insurance required:

General liability: bodily injury liability insurance coverage written on the comprehensive form of policy-- $500,000.00 per occurrence.

Automobile liability insurance written on the comprehensive form of policy for bodily injury and property damage liability covering the operation of all automobiles operated in the United States and used in connection with performing the contract--$200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000 per occurrence for property damage.

Aircraft public and passenger liability when aircraft are used in connection with performing the contract-- $200,000.00 per person and $500,000.00 per occurrence for bodily injury, other than passenger liability, and $200,000.00 per occurrence for property damage. Coverage for passenger liability bodily injury shall be $200,000.00 multiplied by the number of seats or passengers, whichever is greater.

52.204-20 Predecessor 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.

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).

(End of provision)

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)

NOTE B - Option item to which the option clause in SECTION I-2 applies and which is to be supplied only if and to the extent said option is exercised.

The following have been modified:

ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

Attachment Number

Description No. of Pages

Date

1 DD1449 Solicitation (Referenced for FBO purposes only) 56 06/13/2016 2 Chemical Toilets Statement of Work (SOW) (Original) 1 06/09/2016 3 Past Performance Information Form 1 n/a 4 Contract Administration Plan (CAP) 3 n/a 5 Quality Assurance Surveillance Plan (QASP) 4 n/a 6 QASP Attachment A, QASP Matrix 1 n/a 7 Chemical Toilets Statement of Work (SOW), Rev1 2 09/09/2016 8 Offeror Quote Calculation Spreadsheet 1 09/09/2016 9 SCA Wage Determination 2005-2241 Rev18 10 12/29/2015 10 IDIQ Chemical Toilets SOW (Updated) 4 11/01/2016

SECTION A

Section SF 30 - BLOCK 14 CONTINUATION PAGE

ADDITIONAL INFORMATION

Contracting Officer's point of contact is:

Deana Manfredi, Code 410 Tel: 207-438-1630 deana.manfredi@navy.mil

Technical Point of Contact is:

Killian Kilroy, Code 270.1 Tel: 207-438-3248 killian.kilroy@navy.mil

Contractor's Point of Contact is:

To Be Determined

INVOICING AND PAYMENT INSTRUCTIONS:

For invoices under Wide Area Workflow (WAWF) see clause HQ G-2-0009 Supplemental Instructions Regarding Electronic Invoicing.

Calls inquiring on payments can be made to DFAS-Customer Service Dept. at 800-756-4571; Select Option 2, then Option 4.

Inquiries can also be made at DFAS MY INVOICE, a web application available at:

https://myinvoice.csd.disa.mil/

Registration requires a CAGE Code, DUNS number and TIN.

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C SPECIFICATIONS

CHEMICAL TOILETS STATEMENT OF WORK, Rev Date - 11/01/2016

STATEMENT OF WORK

1. SCOPE

1.1. To provide temporary chemical toilet units and servicing during availability.

2. APPLICABLE DOCUMENTS

2.1. Issues of Publications - The following documents of the issue date in effect on the date of request for proposal form a part of this specification to the extent applicable, or as specified herein. Within the specification, they shall be referred to by their basic designation only.

2.1.1. Government

2.1.1.1. N/A

2.1.2. Nongovernment

2.1.2.1. N/A

2.2. Order of precedence - In the event of conflict between the text of this specification and that of the references cited above, the text of this specification shall take precedence.

Nothing in this specification, however, shall supersede applicable laws or regulations unless a specific exemption has been obtained.

3. REQUIREMENTS

3.1. Portable Chemical Toilets

3.1.1. Must be equipped with lifting eyes for lifting into drydock

3.1.2. Must be equipped with one (1) toilet, one (1) urinal, one (1) toilet paper dispenser, and one (1) hand sanitizer dispenser.

3.1.3. Must be serviced (2) times per week by vendor Service includes:

3.1.3.1. Sanitizing each Portable Chemical Toilet

3.1.3.2. Restocking each Portable Chemical Toilet’s toilet paper dispenser(s) and hand sanitizer dispenser(s)

3.1.3.3. Draining, removing, and disposing of wastes at industry-approved waste disposal facilities

3.1.4. Must have maintenance service decals prominently displayed on an interior wall

3.1.4.1. Maintenance Service Decals are to be filled out by Vendor Personnel upon completion of each maintenance service (2x/wk), and shall include date, time, and Service Technician's signature or initials

3.1.5. **When required, secondary containment pans shall comply and be maintained IAW these documents.

3.1.6. When required to meet a delivery order specification, Portable Chemical Toilets and hand washing stations may be required to be equipped with secondary containment.

4. RESPONSIBILITITES

4.1. Government

4.1.1. N/A

4.2. Contractor

4.2.1. For emission producing machinery as required by the State, the Contractor shall obtain permits for the duration of the lease and affix them onto the units.

4.3. Maintenance

4.3.1. Must be serviced (2) times per week by vendor Service includes:

4.3.1.1. Sanitizing each Portable Chemical Toilet

4.3.1.2. Restocking each Portable Chemical Toilet’s toilet paper dispenser(s) and hand sanitizer dispenser(s)

4.3.1.3. Draining, removing, and disposing of wastes at industry-approved waste disposal facilities

4.4. Training

4.4.1. N/A

4.5. Operator / Maintenance Manuals - Documentation will be located within a water proof case affixed to each machine. Minimally, the documentation shall consist of:

4.5.1. Lifting & Handling the equipment with its padeye(s) Certification

4.5.2. Points of contact with telephone numbers for requesting emergency repair regardless of the time or type of day

5. DELIVERY / RETURN

5.1. Delivery - The machinery shall be in a fully-charged, fully-assembled, ready-to-use, and in a first-class-operating condition. Machines shall be functionally tested to include performance of _____N/A_________ prior to its delivery. The machinery with its support equipment shall be delivered to the site on or prior to the request date. It is incumbent and the responsibility of the Contractor to either confirm or coordinate the date and time of delivery prior to each shipment via the Point-of-Contact (POC) as designated on the Contract and/or the Contracting Officer's Representative (COR). The Government can provide forklift services for removing machinery from Vendor’s transport during work hours. Documentation with Shipyard copies shall accompany each delivery.

5.1.1. Individual Delivery Orders shall be issued to specify quantities, lease durations, FOB Destination(s), and award values, and will vary with each Delivery Order. The Contractor shall deliver Portable Chemical Toilet unit(s) within fourteen (14) days of receipt of Delivery Order(s) from the Contracting Officer. When required to meet a delivery order specification, Portable Chemical Toilets and hand washing stations may be required to be equipped with secondary containment.

5.1.2. Delivery and return shipping of Portable Chemical Toilet unit(s) shall occur on a normal weekday (i.e. not a Saturday, Sunday, nor on a Federally-recognized Holiday).

5.2. Security - To be allowed onto a government Shipyard, personnel must be US citizens and in possession of appropriate personal identification. Proof of US citizenship may be necessary and can be required for access to the drydock. Allowable documentation of US citizenship is an official government issued Certificate of Birth or Naturalization (w/ raised seal & not a photocopy) or a US passport (can be expired). Vehicular access requires a non-expired personal Driver’s License and appropriate vehicle identification or registration. The transport vehicle must have the company’s name / logo prominently displayed. To gain access to the drydock environs, personnel must be escorted and possess / wear their own personal safety gear.

5.3. Inspection Criteria

5.3.1. N/A

5.4. Packaging and Marking

5.4.1. Vendor shall utilize a numbering system to identify each individual portable chemical toilet unit delivered to PNS for Rental and 2/x Weekly Maintenance Services under this contract.

5.5. Final Acceptance - Upon satisfactory completion of inspection and test of the equipment, the authorized Government Representative (Portsmouth Naval Shipyard, Code 990 Equipment Manager) will sign and forward the acceptance document(s) to Code 270.3 Production Control for completion. Unloading of equipment from Vendor’s transport does not signify acceptance.

5.6. Return - The Government will dismantle the equipment and provide a temporary storage location convenient for Contractor pick-up. The Government will notify the Contractor as well as the Contracting Office as to when the rental Item has been released and is available for pick-up. The last day of the rental period shall be the next normal workday after the Contractor has been so notified. The Contractor shall be responsible for shipping. The Government can provide forklift services during work hours for placing the equipment onto the vendor’s transport.

6. GENERAL

6.1. Response to Request - As part of the response to this request, descriptive literature shall be furnished in sufficient detail to show that the proposed design will meet these specifications. Vendor submittals shall include brochures of the model being submitted, assembly sketches with critical dimensions, sketches (with dimensions) of all tooling being provided, statements of compliance with specification, and performance statements with special instructions. Supporting information shall be organized and packaged by unit. If supporting information includes multiple models the vendor shall clearly state model number of proposed unit and redact all information not applicable to proposed unit.

6.2. Approved Models

6.2.1. N/A

****End Statement of Work****

NOTE:

In the event of urgent requirement(s), if the awardee of this contract cannot meet the required delivery date, the Contracting Officer retains the right to solicit via other procurement methods.

SECTION D

SECTION G

CONTRACT ADMINISTRATION DATA

SECTION H

SPECIAL CONTRACT REQUIREMENTS

INFORMATION ON EXPOSURE TO HAZARDOUS MATERIAL (H7F014)

As required by 29 CFR 1910.1200, The Hazard Communications Standard, the shipyard must inform you (as a contractor employer with employees working in the shipyard) of the hazardous materials used at the Shipyard which your employees may be exposed to while working here and also to suggest appropriate protective measures. This section informs you as required. Your own responsibilities as an employer, if any, are given in 29 CFR 1910.1200.

1. Hazardous materials your employees may be exposed to. Hazardous materials are materials which are cancer causing agents, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, liver toxins, kidney toxins, agents which act on the blood forming system, and agents which damage the lungs, skins, eyes or mucous membranes. There are many potentially hazardous chemicals present at Portsmouth Naval Shipyard which, unless controlled properly, could present a safety and health problem. The presence of many potentially hazardous materials may be apparent from the manufacturer’s warning label on the hazardous material containers. These hazardous materials range in type and quantity. Typical hazardous materials are:

a. Metals, e.g., mercury, lead, chromium

b. Solvents, e.g. , disinfectants, cleaning and polishing compounds and preparations, dopes, thinners, flammable inks

c. Paints and adhesives, e.g., varnishes and related products, sealing compounds, asphalt, deck and floor coverings, deck compounds

d. Corrosives, e.g., acids, alkalis

e. Compressed and liquefied gas, e.g., nitrogen, argon, oxygen, acetylene

f. Lubricants and oils, e.g., greases, cutting oils, hydraulic oils, miscellaneous waxes and fats

g. Fuels, e.g., liquid propellants, fuel oils, oxidizers, solid fuels

h. Particulates, e.g., asbestos fiberglass, dust, fumes, mist Depending on the material involved, materials such as these can present physical hazards and or health hazards. The presence of many potentially hazardous materials may be apparent due to their physical characteristics, such as the visual appearance of abrasive blasting dust or the distinctive smell of many solvents.

2. Labeling of Hazardous Material. Containers of potentially hazardous chemicals bear manufacturer’s labeling, which identifies the chemical and it manufacturer, and provides appropriate hazard warnings. In addition, some materials may be labeled with the National Protection Association (NFPA) 704 label. This label uses a system of color coded symbols and numbers to convey the potential hazard of the material. The contractor should obtain information from NFPA concerning the interpretation of the 704 label.

3. Material Safety Data Sheets (MSDS). The Occupational Safety and Health Office at the shipyard maintains copies of manufacturers’ Material Safety Data sheets for potentially hazardous chemicals/materials that are known to be present in the shipyard. The contractor may, upon request to the Occupational Safety and Health Office, review Material Safety Data Sheets for any specific materials to which contractor employees may be exposed while performing work in the shipyard workplace. This information may be reviewed in the Occupational Safety and Health Office.

4. Appropriate Protective Measures. Exposure to potentially hazardous material may occur from inhalation, ingestion or skin contact with the material: therefore, the following precautions should be taken:

a. Obey signs, directions and warning labels;

b. Do not use unknown or labeled materials;

c. Only operate shipyard equipment that you are authorized to operate, familiar with, and qualified to operate;

d. If any health effects (skin rash, trouble breathing, etc.) occur, which you feel are caused by exposure to shipyard hazardous material, contact Code 106.1.

For specific information on any hazardous material contact Code 106.1, Building 22, phone (207)438-2001, Portsmouth Naval Shipyard, Portsmouth, NH 03801-5000.

WRITTEN ORDERS (INDEFINITE DELIVERY CONTRACTS)

Written orders (on DD Form 1155) will contain the following information consistent with the terms of the contract:

(a) Date of order

(b) Contract number and order number

(c) Item number and description, quantity ordered, unit price and total price.

(d) Delivery or performance date

(e) Place of delivery or performance (including consignee)

(f) Packaging, packing and shipping instructions, if any required

(g) Accounting and appropriation data

(h) Inspection, invoicing and payment provisions to the extent not covered in the basic contract;

(i) Any other pertinent information

MINIMUM AND MAXIMUM QUANTITIES

As referred to in Paragraph (b) of the “Indefinite Quantities” clause of this contract, the contract minimum quantity is a total of $TBD of orders at the contract unit prices. (The maximum quantity is the total estimated quantity for each item as set forth in the schedule). The maximum quantity is not to be exceeded without prior approval of the Contracting Officer.

AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in Paragraph (b) below, no order, statement or conduct of Government personnel who visit the Contractor’s facility or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the “Changes” Clause of this contract.

(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and not withstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the Contractor affects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority, and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

Andrea Panagoulias Portsmouth Naval Shipyard, Code 410.2 Trailer EB1 Portsmouth, NH 03801-2590 Phone (207) 438-2133

LIABILITY INSURANCE LIMITS

Pursuant to the terms of the clause of this contract entitled INSURANCE - LIABILITY TO THIRD PARTIES FAR 52.228-7), following are the kinds and minimum amounts of insurance required:

General liability: bodily injury liability insurance coverage written on the comprehensive form of policy-- $500,000.00 per occurrence.

Automobile liability insurance written on the comprehensive form of policy for bodily injury and property damage liability covering the operation of all automobiles operated in the United States and used in connection with performing the contract--$200,000.00 per person and $500,000.00 per occurrence for bodily injury and $20,000 per occurrence for property damage.

Aircraft public and passenger liability when aircraft are used in connection with performing the contract-- $200,000.00 per person and $500,000.00 per occurrence for bodily injury, other than passenger liability, and $200,000.00 per occurrence for property damage. Coverage for passenger liability bodily injury shall be $200,000.00 multiplied by the number of seats or passengers, whichever is greater.

SECTION J

LIST OF ATTACHMENTS

SURVEILLANCE

(a) The official(s) designated in paragraph (b) below shall be responsible for appropriate surveillance of all services to be performed under this order. In so doing, such official(s) shall: (i) review for accuracy and approve or disapprove the contractor’s time and attendance records of all workers assigned under the order; and (ii) make frequent periodic visits to the work site to check on the presence of workers whose time is charged thereto.

(b) Name and Code: Joyce Racicot, Code 420 Activity: Portsmouth Naval Shipyard Address Kittery, ME 03904 Telephone No.: 207-438-6588

Email: Joyce.Racicot@navy.mil

(c) When performance is at a Government site, contractor’s representative shall contact the Government representative named above upon arrival and departure from the work site. If escort into a security area is required, it will be provided by the designated Government representative.

VENDOR ACCESS TO PNS (C7F518)

VENDOR ACCESS TO PORTSMOUTH NAVAL SHIPYARD

Vendor access to Portsmouth Naval Shipyard: No person not known to be an American citizen of good standing and repute shall be eligible for access to Portsmouth Naval Shipyard and adjacent areas. Proof of citizenship may be required. Entrance of foreign nationals requires approval. (Ref: SECNAVINST 5510.34)

SAFETY/SECURITY

SAFETY: All representatives who have a need to enter the Controlled Industrial Area, or other areas specifically designated as safety hazardous, should provide themselves with safety head wear to be worn while in the area.

Vendors and/or subcontractors performing work on vendor-owned or government-owned plant facilities and equipment shall ensure that all OSHA safety regulations are followed. Prior to working on the Portsmouth Naval Shipyard, all vendors shall view the Code 106 safety video.

SECURITY: Commercial vehicles (automobiles) must have conspicuous contractor (company) identification (such as magnetic door-type signs) affixed to the outside of the vehicle if it is to enter the Controlled Industrial Area.

RESTRICTIONS ON USE OF YELLOW MATERIAL

Yellow colored items such as those described below are of special significance within the Shipyard and are subject to strict controls. Accordingly, contractors shall not use yellow or orange-yellow colored materials for the following purposes: protective clothing, hoods, sheeting, tarpaulins, polyethylene bottles or other containers, tapes, bags, banding, identification marks on tools, boundary markers, ribbons, vent ducts, etc. Contractor generated yellow colored waste shall be disposed of by the Contractor off-yard. Shipyard refuse containers shall not be used for disposal of yellow colored waste materials. Yellow colored contract generated debris shall be bagged in non-translucent containers, and promptly removed from the Portsmouth Naval Shipyard..

RADIOLOGICAL INDOCTRINATION

All Contractor employees performing work within the Portsmouth Naval Shipyard must view a radiological video.

Contractor employees who are expected to be on the Shipyard for greater than thirty (30) calendar days must attend a one-half hour indoctrination briefing. Attendance at the briefing will be required prior to being issued a permanent Shipyard badge. The indoctrination briefing will provide radiological fundamentals and information on radiological postings and controls at the Portsmouth Naval Shipyard.

RADIOLOGICAL POSTINGS AND INSTRUCTIONS

Any contractor employee who disregards, alters, moves or otherwise tampers with a radiological posting, or who disobeys a radiological instruction, will not be allowed to continue working at the Portsmouth Naval Shipyard.

REMOVAL OF HAZARDOUS MATERIAL

All contractors, vendors or repair personnel shall be responsible for removal from the Portsmouth Naval Shipyard, any appliances, bulbs, lamps or other devices which they replace that contain hazardous chemicals or materials

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

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

Commercial and Government Entity (CAGE) code means—

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

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

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

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

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

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

Immediate owner CAGE code:

Immediate owner legal name: ___

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

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

[ ___ ] Yes or [ ___ ] No.

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

Highest-level owner CAGE code:

Highest-level owner legal name:

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

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

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.

52.212-2 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:

The quotation shall consist of two (2) parts: (1) Technical Acceptability, and (2) Price Information. The award will be made to the lowest priced technically acceptable offeror.

Vendors will be required to submit a quote that will be evaluated in accordance with the specifications and provisions of the solicitation. Vendors are reminded to submit technical description as specified in FAR 52.212- 1(b)(4).

Quotations will be evaluated as follows:

1. Technical Acceptability

2. Price

(1) TECHNICAL ACCEPTABILITY

Quotations submitted by each vendor will be evaluated in accordance with the specifications provided in the solicitation, FAR 52.212-1 Instruction to Offerors, and Addendum to FAR 52.212-1 and determined to be either acceptable or unacceptable. Failure to include pricing for all line items shall be cause for rejection of the quote for all line items.

Technical Evaluation Ratings Rating Description Acceptable Submission clearly meets the minimum requirements of the solicitation.

Unacceptable Submission does not clearly meet the minimum requirements of the solicitation.

The specifications of the units being offered must be made incontestably clear. The submission of a brochure or information that does not readily identify the units offered and their corresponding specifications will be considered unacceptable.

If the technical submittal is determined “Unacceptable”, it renders the entire quote technically unacceptable.

Technical submissions that do not meet the minimum requirements will be rated as “Unacceptable” and will no longer be considered for further competition or award.

(2) PRICE

The vendor shall submit one (1) signed copy of the completed SF1449, and if applicable, executed copy of Amendments. The prices quoted shall be in accordance with the solicitation, and will be evaluated on the basis of price reasonableness in accordance with FAR 13.106-3. Price Quotes shall be held firm for sixty (60) days.

Vendors shall include pricing for all line items listed. Failure to do this shall be cause for rejection of the quote for all line items.

Vendors responding to this solicitation are advised that, prior to award, the government may request vendors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.

SELECTION: The Government intends to evaluate quotations and issue an award using the procedures of FAR Part 13.5, Simplified Procedures for Certain Commercial Items. The Government shall select the vendor whose quotation is the Lowest Price Technically Acceptable to the Government, considering price and technical compared to other quotations. The Government reserves the right to not issue an award if it is not in the best interest of the Government to make an award.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2016)

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

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

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

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

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

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

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

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

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

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410,…

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