N4008424R0054_Combined_Synopsis_Solicitation.pdf

Subj: REQUEST FOR PROPOSAL NO. N4008424R0054/ HAZARD WASTE DISPOSAL

SUPPORT CONTRACT AT U.S. MARINE CORPS BASE, CAMP KINSER FOR U.S.

COMMANDER FLEET ACTIVITIES OKINAWA (CFAO), JAPAN.

Combined Synopsis/Solicitation N4008424R0054

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is N4008424R0054 and is issued as a Request for Proposal (RFP) for hazard waste disposal support contract at U.S. Marine Corps Base, Camp Kinser for U.S. Commander Fleet Activities Okinawa (CFAO), Japan.

It is important to note that this combined synopsis/solicitation requesting a proposal shall not be construed as obligating the Government to award a contract or authorizing work to commence and shall not serve as a basis for any future claims against the Government.

INSTRUCTIONS TO OFFERORS

Offerors shall comply with this “Instructions to Offerors”, “Evaluation Factors for Award”, and all referenced attachments in the preparation of proposals. Offerors must thoroughly and fully review the combined solicitation/synopsis and its attachments.

1. DESCRIPTION

This procurement is for hazard waste disposal support contract including Hazardous Waste (HW) collection, documentation and transportation to, and management and operation of Hazardous Waste Storage Area (HWSA)s at U.S. Marine Corps Base, Camp Kinser for U.S. Commander Fleet Activities Okinawa (CFAO), Japan as outlined in Attachment 2, Performance Work Statement (PWS).

Work Requirements: The contract will be for services that are specific to handling HW. The Contractor will utilize two Government owned facilities located on Camp Kinser to: provide waste containers with proper markings/labels to CFAO Hazardous Waste Accumulation Point (HWAP)s; transport HW products from HWAPs at CFAO installations to HWSA [Government owned facilities], prepare documentation for disposal and coordinate disposal actions with the Defense Logistics Agency - Disposition Services (DLA-DS).

The objective is to have a Japan Environmental Governing Standards (JEGS) compliant program operating on Okinawa.

The contractor shall provide all necessary labor, materials, equipment, supervision, supplies, transportation, and incidentals to perform the services outlined in this PWS.

Place of Performance:

Hazardous Waste Accumulation Point (HWAP)s. The current number of CFAO HWAPs is seven (7). This number could fluctuate slightly up or down over time based on customer needs. The Contractor will retrieve HW for CFAO’s AOR includes Kadena Air Force Base, Navy Munition Command attached 18th Munition Squadron, Camp Shields, Naha Port, Awase Communication Site, and both Afloat (PACFLT) and Shore at White Beach and Tengan Pier.

Specifically excluded from this effort is the Naval Hospital located on Camp Foster since it is covered under the Marine Corps Installation Pacific (MCIPAC) HW program.

Hazardous Waste Storage Area (HWSA)s. Two (2) facilities located on Camp Kinser, Building 407 (PCB Item Storage) and Building 500 (HWSA). Additional facilities may be added at a future date.

Period of Performance (POP): The period of performance of this contract is one base ordering period with four 12-month option periods.

CLIN DESCRIPTION

0001 BASE PERIOD; Recurring Work.

0002 OPTION PERIOD 1; Recurring Work

0003 OPTION PERIOD 2; Recurring Work

0004 OPTION PERIOD 3; Recurring Work

0005 OPTION PERIOD 4; Recurring Work

The associated Product/Service Code for this requirement is S222 – Housekeeping – Waste Treatment/Storage. The associated North American Industrial Classification System (NAICS) code is 562211 – Hazardous Waste Treatment and Disposal. Size standards in millions of dollars: $47.0. This RFQ is being conducted using full and open competition.

2. SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION

All offerors (i.e. whether individually or as a joint venture (JV), etc.) responding to this solicitation must be registered and have an active status in the System for Award Management (SAM) database prior to the closing date for receipt of offer to be eligible for award and must have active Representation and Certification in SAM.

Contractors may obtain information on registration and annual confirmation requirements via the SAM website https://sam.gov or by calling 866-606-8220 or 334-206-7828 for international calls and should complete the provisions associated with the annual representations and certifications identified in the Federal Acquisition Regulation (FAR) Subpart 4.1202 and Defense FAR Supplement (DFARS) Subpart 204.1202.

An offeror is required to be registered in SAM when submitting its quotation, and shall continue to be registered at all relevant times, i.e. time of award, during contract performance, and through final payment of the contract resulting from this solicitation.

CAUTION: All offerors are required to be registered in SAM at the time their offer/quotation/bid/proposal is submitted. Offerors with no active SAM registration upon receipt of their offer/quotation/bid/proposal shall be considered ineligible for award. A contract cannot be awarded to a contractor not registered in SAM with ACTIVE status.

Remember to review the NAICS codes listed in your record and make sure that you have listed the NAICS code for this procurement.

3. FAR PROVISION 52.229-11 AND FAR CLAUSE 52.229-12

FAR provision 52.229-11 and FAR clause 52.229-12 are included in this solicitation. This provision and clause concern the imposition of a 2 percent Federal excise tax withholding on any resultant contract award or payment request. This rule applies to Federal Government contracts for goods or services that are awarded to foreign persons.

It implements the Department of the Treasury final regulations published in the Federal Register at 81 FR 55133 on August 18, 2016, under section 5000C of the Internal Revenue Code relating to the 2 percent tax on payments made by the U.S. Government to foreign entities pursuant to certain contracts.

Exemptions from this excise tax must be claimed by an Offeror when it submits, with its offer/quotation/bid/proposal, a U.S. Department of Treasury Internal Revenue Service (IRS) Form W-14, https://sam.gov/

Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. If not submitted with the offer/quotation/bid/proposal, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent on each payment. Failure to submit IRS Form W-14 with a payment request will also result in an automatic withholding of 2 percent from the payment request.

When filling out the IRS Form W-14 the following information may be used to complete Part I, Line 6 and 7:

Line 6 Contract / reference number: N4008424R0054 Line 7 Name and address of the acquiring agency:

Naval Facilities Engineering Systems Command (NAVFAC) Far East City or town, state or province. Include postal code where appropriate Country (do not abbreviate) Bldg. 1828, 1F, Tomari-cho, Yokosuka, Kanagawa, 238-0001 Country (do not abbreviate) Japan

Any exemption claimed and self-certified is subject to audit by the IRS. Any disputes concerning this tax are adjudicated by the IRS because the Section 5000C tax is a tax matter not a contract issue.

Offerors are encouraged to seek guidance from their own tax, legal, or accounting professionals for advice concerning the provision, clause, and the execution/submission of IRS Form W-14. Additional information is also available at:

https://pacific.navfac.navy.mil/Facilities-Engineering-Commands/NAVFAC-Far- East/About-Us/Contractors- Information/

However, offerors are advised to consult Title 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7 (see FAR 29.402-3, 31.205-41(b)(8)) for specific details and/or updates.

4. SITE VISIT

Date and Time: Wednesday, 22 January 2025, 10:00 JST Location: Navy Pier, White Beach (meet at White Beach Main Gate)

All interested parties who wish to attend the site visit shall fill out and submit Attachment (5) Site Visit Request Form, and enclose the necessary documents* via email to Mr. Masato Yokoda, masato.yokoda.ln@us.navy.mil no later than Monday, 20 January 2025, 10:00 JST. Site visit attendance is not mandatory and not a pre-requisite for submission of a quotation.

*For those who need escort: Individuals without a Base Pass will be escorted by the Government personnel.

Please Meet at Main Gate of White Beach to get pass at 09:30 JST.

Due to limited escorting capabilities, a maximum of two (2) company representatives will be allowed.

Only one vehicle per company is authorized. All attendees must possess photo identification (i.e. passport or driver’s license) on the day of the site visit.

*Those participants who will need an escort must carry picture IDs. Valid picture IDs for Japanese Personnel includes a Driver’s license, which indicates nationality or permanent address, a Passport or Resident Card with picture. Valid picture IDs for non-Japanese Personnel includes a Passport or Alien Registration Card, A Driver’s license which does NOT indicate the individual’s nationality or permanent address is NOT considered a valid picture ID. A Driver’s license that does not indicate the individual’s nationality or permanent address may be used if accompanied with a Jyumin Hyo with permanent address (Honseki chi) or Kisai-Inji-Hyo issued by Japanese Police Stations.

5. PRE-PROPOSAL INQUIRIES.

All questions concerning this solicitation shall be addressed to Ms. Luz M. Baron at luz.m.baron.civ@us.navy.mil and Ms. Amanda Jo at amanda.jo.civ@us.navy.mil. Telephone inquiries will NOT be accepted. Responses to inquiries will be provided in the form of a Notice or an Amendment and will be posted to the Department of Defense mailto:masato.yokoda.ln@us.navy.mil mailto:amanda.jo.civ@us.navy.mil

(DoD) Solicitation Module in the Procurement Integrated Enterprise Environment (PIEE) website at https://piee.eb.mil/sol/xhtml/unauth/index.xhtml and Contract Opportunities on the System for Award Management (SAM) website at https://sam.gov/. The end date for any question submittal shall be Wednesday, 29 January 2025 by 14:00 Japan Standard Time (UTC +9 hours). Questions submitted after this date and time may not be answered. Please submit any questions to the Government using Attachment 4, Question and Answer Form.

6. AMENDMENTS.

The Government may amend this solicitation before the closing date. Any amendments made will be posted to the DoD Solicitation Module in the PIEE website at https://piee.eb.mil/sol/xhtml/unauth/index.xhtml and Contract Opportunities on the SAM website at https://sam.gov/. Hard copies of the amendment(s) will not be mailed. It is the offeror’s responsibility to check the websites periodically for any postings or amendments to the solicitation. Please note that notices do not change the solicitation. Changes to the solicitation can only be made by the issuance of amendments. Contractors must acknowledge each amendment issued under this solicitation (if any) by completing the necessary section in the SF 30 form and submitting it with the contractor’s quotation package.

7. PRE-AWARD SURVEY

FAR 9.104 requires prospective contractors to demonstrate, among other things, that they have adequate financial resources to perform the contract or ability to obtain them, capability to comply with the required performance schedule, a satisfactory performance record, and be otherwise eligible to receive an award under applicable laws and regulations. The pre-award survey is not a part of the technical evaluation. The Government may make a pre-award survey of an offeror to determine whether such offeror is qualified and capable of performing the contract. The pre-award survey will involve examination of the bidder's financial and technical status and understanding of the contract requirements. The following are examples of the information that, upon request, the offeror shall be required to provide in writing to the pre-award survey team. Requested information shall be forwarded within three days of request. Failure to provide requested information, or a determination, after review of the information, of the offeror’s nonresponsibility, may result in rejection.

a. Proof of the Offeror's ability to legitimately conduct business in Japan. This requirement may be satisfied by an Offeror (or one of a firm's JV partners) having the Japanese registration entitled "Kaisha Tokibo Tohhon". An Offeror must provide the registration number, associated dates, and the issuing organization in order to be eligible for award.

b. Proof of the Offeror’s ability to obtain the required permits and licenses in accordance with the PWS.

c. Company financial statement (balance sheets and income statements) for the past three years.

d. Financial resources available to perform the contract. Submit evidence of availability of working/operating capital that will be used for the performance of the contract. If the Offeror plans to rely on financial support from other sources, identify the maximum lines of credit that will be available to include documentation to support the amounts. The maximum lines of credit should be based upon the inclusion of this contract effort. For JVs discuss the financial responsibilities among the companies and provide the same information for each partner.

8. SOLICITATION SUBMITTAL REQUIREMENTS

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to comply with the terms and conditions of the solicitation may result in an Offeror being ineligible for award. Proposals must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

PROPOSAL CURRENCY: Proposals shall be priced in US Dollars (USD). Proposals not priced in USD shall be deemed nonresponsive and will not be eligible for award.

Offerors shall submit the following documents in response to this RFQ:

a) Vendor Information – submit a letter with the following information:

https://sam.gov/

• Company Name

• Address

• Vendor Point of Contact Name/Title

• Phone Number

• Email address

• Unique Entity ID Number

• CAGE/NCAGE Code

• Tax ID number

• Proposal Date

b) Price Proposal – completed Attachment (1);

c) Past Performance Records (CPARS records and/or (Attachment (6) Past Performance Questionnaire(s));

d) Copies of all RFQ Amendments properly acknowledged;

e) Completed Attachment (3) Representations and Certifications;

f) Completed Attachment (7) IRS Form W-14 (if applicable);

g) A copy of a JV Agreement, Partnership Agreement and /or Teaming Agreement (if applicable).

h) A copy of business registration as well as all applicable permits and licenses in accordance with the PWS that it currently possesses to perform the required work in Japan/Okinawa prefecture. “Permits and Licenses" should include all city, municipal, and prefectural permits and authorizations. The Government’s review of the Offeror’s permits and licenses will be considered as part of the responsibility determination in order to ensure the offeror is duly authorized to operate and conduct business in Japan as well as the local prefecture/municipality/city.

i) Evidence of Financial Capability: In accordance with FAR 9.104-1 responsibility determination, a contractor must have adequate financial resources to perform the contract. Offerors shall submit the company’s latest 3-year complete fiscal year financial statements (Kessan Hohkoku Sho) for the prime contractor, certified by an independent accounting firm, if practicable or at least by an authorized officer of the organization. In addition to the above, submit evidence of availability of working/operating capital, which will be used for the performance of the resultant contract. For JV arrangements, discuss the financial responsibilities among the companies and if the JV has been in existence for less than three years, also provide the latest three years complete fiscal year financial statements for each JV partner.

Offerors who are JV or intending to partner/subcontract shall submit the following additional documentation regarding their business entities with the quotation:

a) A copy of the Partnership/Subcontract or JV agreement; and,

b) A detailed statement outlining the following in terms of percentages where appropriate:

1) The relationship of the team/partners/parties in terms of business ownership, capital contribution, profit distribution or loss sharing;

2) The management approach, structure and decision-making responsibilities of the partners/parties in terms of who will conduct, direct supervise, and control the manner and method of performance of work;

and

3) Identify (by name and title) the personnel having the authority to legally bind the JV/Partnership and the various partners/parties (including authority to execute the contract documents and bonds).

c) A list of partners/parties, to include company name, Unique Entity ID and CAGE numbers, address, point of contact, e-mail address, phone number and facsimile number.

NOTE: The JV must be actively registered in the SAM database as the JV entity itself.

Offerors shall submit quotations electronically via Procurement Integrated Enterprise Environment (PIEE) – Solicitation Module in an Adobe Portable Document Format (PDF) and Microsoft Excel format (for Price Schedule). Offerors should mark all electronic files with the solicitation number and should keep the file name as short as possible (i.e., under 40 characters). Files with longer names may become corrupt or inaccessible. Files that cannot be opened, or are otherwise missing the required content are the responsibility of Offerors.

It is an Offerors responsibility, when transmitting its quotation electronically, to ensure the proposal’s timely delivery by transmitting the quotation sufficiently in advance of the time set for receipt of proposals to allow for timely receipt by the Government no later than the date and time stated in the solicitation. Offerors shall allow adequate time to upload files, which may be slower for non-DoD users, and to avoid other technical difficulties that may be encountered. An Offeror risks the late receipt and rejection of a quotation where it delays transmitting its proposal until the last few minutes before the time set for receipt of quotations. It is the responsibility of the Offeror to confirm receipt of proposals. Proposals that are received after the stated date and time in the solicitation shall be treated as late submissions and will be processed in accordance with FAR provision 52.212-1.

PROPOSAL SUBMISSION

All proposals (with all required supporting documentation) shall be electronically submitted through the DoD Solicitation Module in the PIEE website at https://piee.eb.mil/sol/xhtml/unauth/index.xhtml so that they are received by 14:00 PM, Japan Standard Time (JST) on Wednesday, 12 February 2025 (unless revised by formal amendment). Hard copy quotations will not be accepted.

Proposal Submission using Solicitation Module in PIEE

Proposals shall be submitted in English in Adobe PDF format (*.pdf) or Microsoft Excel (*.xlsx) via Solicitation Module in PIEE.

In order to submit a quotation through the Solicitation Module in PIEE, you must have an active Proposal Manager role in PIEE at https://piee.eb.mil/. Interested offerors are encouraged to register for the required role as soon as possible.

To upload the quotation in Solicitation module in PIEE:

1. Ensure you have an active role as the Proposal Manager in PIEE.

2. Log into PIEE at https://piee.eb.mil/ to access the Solicitation Module or go directly to the Solicitation Module at the following link: https://piee.eb.mil/sol/xhtml/unauth/index.xhtml .

3. Select Solicitation icon.

4. At the Home screen of the Solicitation Module, select the Search link to find the solicitation you intend to post an offer against.

5. In the Solicitation Search Criteria filter by entering the complete solicitation number and for Status, select Open, then click Search.

6. When search results display, select the solicitation number link to open the solicitation.

7. The solicitation displays, with information as view only.

8. To post the offer, click the Offer tab.

9. Click the Add button to add an offer to the solicitation.

10. Select the applicable CAGE Code for which you are submitting the offer. The list is prefiltered based on the CAGEs in the Proposal Manager’s profile.

11. Click on the Choose Files link to upload attachments that comprise your offer.

12. Enter Signature Date and click Signature button after entering all necessary information.

13. Sign Document pop-up will be displayed requiring the user to enter a Digital Pin and OTP. Click the Sign and Submit button to continue.

14. After successfully adding the Offer a success message of the submission will be displayed providing confirmation of on-time/late proposal receipt.

For addition information on PIEE Vendor Access Instructions or PIEE Solicitation Module Frequently Asked Questions visit:

https://dodprocurementtoolbox.com/site-pages/solicitation-module

For additional instructions on how to post an offer, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf

Offerors are responsible for submitting files in the format specified consistent with requirements stated elsewhere in this solicitation. Files that cannot be opened, or are otherwise missing the required content are the responsibility of Offerors.

https://dodprocurementtoolbox.com/site-pages/solicitation-module https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf

It is an Offeror’s responsibility, when transmitting its quotation electronically, to ensure the proposal’s timely delivery by transmitting the proposal sufficiently in advance of the time set for receipt of proposals to allow for timely receipt by the Government no later than the date and time stated in the solicitation. Offerors shall allow adequate time to upload files, which may be slower for non-DoD users, and to avoid other technical difficulties that may be encountered. An Offeror risks the late receipt and rejection of a proposal where it delays transmitting its quotation until the last few minutes before the time set for receipt of proposals. It is the responsibility of the Offeror to confirm receipt of proposals. Proposals that are received after the stated date and time in the solicitation shall be treated as late submissions and will not be considered except under facts and circumstances allowed by the Federal Acquisition Regulation (FAR).

All correspondence shall be submitted in English. Any quotation that is delivered by means other than the above will be unacceptable and will not be considered for award.

LATE QUOTATIONS

Notwithstanding subparagraph (f) of FAR 52.212-1, the Government reserves the right to consider late quotations, modifications, and revisions if the Contracting Officer determines such considerations are in the best interest of the Government.

9. AUTHORIZATION TO OPERATE AND CONDUCT BUSINESS IN JAPAN

The clause DFARS 252.225-7042 applies to this acquisition. Any contract resulting from this solicitation will be awarded and performed in its entirety in the country of Japan. Offerors must be duly authorized to operate and conduct business in Japan and must fully comply with all laws, decrees, labor standards, and regulations of Japan during the performance of the contract. Offerors will be required to provide verification on required permit(s)/license(s) within 90 days of award of any contract to the contracting officer if such information is not already on file with or available to the contracting officer.

10. INCURRED EXPENSES

By submitting a quotation, the Offeror understands that the Government is not responsible for any costs incurred associated with the preparation and submission of a quotation in response to this solicitation.

11. NOTICE

NOTICE

UNITED STATES LAWS AND REGULATIONS PROHIBIT YOU FROM PARTICIPATING IN ANY OF

THE FOLLOWING CONCERNING THIS SOLICITATION:

BID RIGGING

PRICE FIXING

COLLUSIVE BIDDING

BID ROTATION

OFFERING GRATUITIES

OFFERING OR RECEIVING KICK-BACKS

THE PRICES IN YOUR OFFER MUST BE ARRIVED AT INDEPENDENTLY WITHOUT ANY

CONSULTATION, COMMUNICATION, OR AGREEMENT WITH ANY OTHER OFFEROR OR

COMPETITOR.

YOUR OFFER CANNOT BE DISCLOSED BY YOU DIRECTLY OR INDIRECTLY TO ANY OTHER

OFFEROR OR COMPETITTOR BEFORE BID OPENING.

IT IS ALSO UNLAWFUL FOR YOU TO INDUCE ANY OTHER COMPANY TO, OR ALLOW ANOTHER

COMPANY TO INDUCE YOU TO, SUBMIT OR NOT SUBMIT AN OFFER FOR THE PURPOSE OF

RESTRICTING COMPETITION.

ALL OF THE ABOVE ACTS ARE ACTS OF DISHONESTY UNDER UNITED STATES LAWS AND

REGULATIONS AND ARE FORBBIDDEN.

PENALTIES COULD INCLUDE DEBARMENT OR SUSPENSION FROM DOING BUSINESS WITH ANY

UNITED STATES GOVERNMENT AGENCIES, CANCELLATION OF CONTRACTS AND RECUPMENT

OF PRIOR MONIES PAID.

IF YOU ARE SOLICITED BY ANY OTHER BUSINESS TO DEAL WITH ANY OF THE ABOVE ILLEGAL

ACTS, PLEASE NOTIFY NAVFAC FAR EAST AT TELEPHONE NUMBER 046-816-4092.

注意

この⼊札に関連して次のいずれかに関与したら、合衆国の法律、規則等により違法になります。不正⼿

段による⼊札

値段の不正取り決め共謀⼊札

⼊札の回し取り謝礼をすることリベートの授受

⼊札の値段はほかの⼊札者や競争相⼿との協議、意思伝達または同意によってではなく独⾃に⾒積もっ

た値段でな

ければならない。貴⽅の⼊札は開札前に他の⼊札者や競争相⼿に直接または間接的に⾒せてはいけな

い。

尚、貴⽅が他の会社に、あるいは他の会社が貴⽅に競争相⼿を制限する⽬的⼊札をする様にまたは⼊札

しない様

に説き勧めることは、これまた違法である。全ての上記の⾏為は、合衆国の法律、規則等のもとでは不

正な⾏為であ

り、禁じられている。処罰は、合衆国政府機関の関連事業からの除外⼜は停⽌、契約の取り消し、そし

て⽀払い⾦

の償還も含まれる。

もし貴⽅が他の会社から上記のいずれかの違法⾏為に関わりあうことになる様な申し込みをされたら、

NAVFAC FAR

EAST 電話

046-816-4092 まで御通報ください。

SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

This solicitation and incorporated provisions and clauses are those in effect through:

• Federal Acquisition Circular (FAC) 2024-05

• Defense FAR Supplement (DFARS) Publication Notice 20240425

• Navy/Marine Corps Acquisition Regulation Supplement (NMCARS) 18-25

52.204-7 System for Award Management NOV 2024 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-20 Predecessor of Offeror AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services--Representation OCT 2020 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services SEP 2023

52.212-2 Evaluation - Commercial Items NOV 2021 52.212-3 Offeror Representations and Certifications—Commercial Products and

Commercial Services

MAY 2024

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services--Alternate I

FEB 2024

52.217-5 Evaluation Of Options JUL 1990 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications

JUN 2020

52.229-11 Tax on Certain Foreign Procurements—Notice and Representation JUN 2020 52.233-2 Service of Protest SEP 2006 52.237-1 Site Visit APR 1984 252.203-7005 Representation Relating to Compensation of Former DoD Officials SEP 2022 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016 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

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors JAN 2023 252.204-7024 Notice on the use of the Supplier Performance Risk System MAR 2023

SOLICITATION PROVISIONS INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Firm Fixed Price (FFP), Single Award, Service Contract resulting from this solicitation.

(End of provision)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR):

https://www.acquisition.gov/browse/index/far

Defense Federal Acquisition Regulation Supplement (DFARS):

https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

DFARS Deviations:

https://www.acq.osd.mil/dpap/dars/class_deviations.html

(End of provision)

END OF ADDENDA TO FAR 52.212-1

EVALUATION OF QUOTATIONS______________________________________________________________

FAR Provision 52.212-2, Evaluation-Commercial Products and Commercial Services, applies to this acquisition to include the following addenda:

This acquisition is being conducted according to FAR Part 12 and 13. The terms and processes used in this acquisition are not subject to the processes found in FAR Subpart 15, even if defined or described in FAR Part 15.

Any clerical errors in this solicitation, to include the attachments, that use the source selection nomenclature in FAR Part 15 shall be read and interpreted in a manner consistent with FAR Part 13. Unless otherwise defined in this solicitation, or in the specific FAR Part being referenced, definitions of words retain their definition under FAR Subpart 2.101, unless no definition is provided, in which the common dictionary meaning shall be used IAW FAR 1.108(a).

Simplified Acquisition Procedures will be used IAW FAR 13.5 in soliciting, evaluating and awarding this requirement. The Government intends to award a Firm-Fixed-Price (FFP) service contract resulting from this solicitation to the responsible Offeror whose proposal provides the best value to the Government, IAW FAR 13.106 and FAR 2.101.

The Government intends to award this contract to the lowest price technically acceptable offeror that conforms to the solicitation without discussions. The Government reserves the right to negotiate with offerors determined to be within the competitive range, if the Contracting Officer determines it to be necessary.

1. The Government reserves the right to eliminate from consideration for award any or all offers at any time prior to award of the contract; to negotiate with offerors in the competitive range; and to award the contract to the offeror submitting the lowest priced, technically acceptable offer.

2. As stated in the solicitation, the Government intends to evaluate proposals and award a contract without discussions with offerors. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

3. The LPTA process is selected as appropriate for this acquisition because the best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

4. An overall non-price factors rating must be at least “ACCEPTABLE” in order to be eligible for award. An “UNACCEPTABLE” rating in any factor results in the overall non-price factors proposal being rated “UNACCEPTABLE” unless corrected through discussions.”

1. BASIS FOR CONTRACT AWARD

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation at the lowest price will be most advantageous to the Government, price and other non-price factors considered. The following factors shall be used to evaluate offers:

Factor 1 – Experience Factor 2 – Safety Factor 3 – Past Performance

1. The Government reserves the right to eliminate from consideration from award any or all proposals at any time prior to award of the contract(s) that do not conform to the solicitation; to negotiate with offerors in the competitive range; and to award to the responsible offeror submitting the lowest price proposal that conforms to the solicitation (i.e., meets all minimum mandatory requirements specified in Attachment 2).

2. The Government intends to evaluate the proposals and award contract without discussions with offerors (except clarifications as described in FAR 15.306(a)). The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

A. FACTOR 1 – EXPERIENCE

1. Solicitation Submittal Requirements:

Submit a minimum of 1 and a maximum of 3 contracts performed by the company that are relevant to work requirements specified in the solicitation.

For purposes of this evaluation, a recent contract is defined as follows:

(i) A contract with a contract completion date within the past 10 years of the issuance of this solicitation.

For purposes of this evaluation, a relevant contract is defined as follows:

(i) A contract that demonstrates experience with Hazardous Waste Management.

(ii) A contract performed in Japan.

(iii) A contract with required proper management of Ignitable, Corrosive, Reactive, and Toxic Waste.

Any contracts submitted in excess of 3 will not be considered. If more than 3 contracts are submitted, only the first 3 shall be considered. Total length for each contract data sheet shall not exceed 1 double-sided or 2 single-sided pages.

Any data submitted in excess of the 1 double-sided page 2 single-sided pages will not be considered/evaluated.

In addition to the above, Offerors may also include past experience information regarding predecessor companies, and subcontractors that will perform major or critical aspects of the requirement so long as at least 1 contract has been performed by the prime contractor and it is clear what the relationship is between the prime contractor and the company demonstrating past experience.

For all submitted contracts, the description of the contract shall clearly describe the scope of work performed and the relevancy to the contract requirements as described above.

Joint Ventures

If the Offeror is a JV, relevant project experience should be submitted for projects completed by the JV entity. If the JV does not have shared experience, at least 1 project shall be submitted for each respective JV partner. Offerors are still limited to a total of 3 projects combined.

Where an Offeror is/was a JV and would like to submit a project completed by the JV as a single entity to show the single entity's experience/capability, said JV project must clearly demonstrate the percentage of work performed by each firm in the JV and the single entity Offeror must provide a detailed description of the work the single entity self-performed.

Affiliates and Subsidiaries

If an Offeror is utilizing experience information of affiliates/subsidiaries/parent/LLC/LTD member companies (name is not exactly as stated on the SF33), the proposal shall clearly demonstrate that the affiliate/subsidiary/parent firm will have meaningful involvement in the performance of the contract in order for the experience information of the affiliate/subsidiary/parent/LLC/LTD member companies to be considered. The proposal shall state specific commitments of technical resources (e.g. personnel, equipment) that the affiliate/subsidiary/parent/LLC/LTD member companies commit to the performance of this contract. In particular, the proposal will clearly state the specific commitments of resources of the affiliate/subsidiary/parent/LLC/LTD member that will be located at the worksites and company offices in the city/area of the project. The proposal shall also describe specific roles of the affiliate/subsidiary/ parent/LLC/LTD member companies in terms of the work it will either self-perform or manage on behalf of the Offeror in performance of the contract.

2. Basis of Evaluation:

The Government is seeking to determine whether the Offeror has demonstrated relevant experience as defined herein.

An Offeror will be rated “Acceptable” if an Offeror’s submittal contains a minimum of 1 project that meets the definition of a relevant project as defined in the solicitation submittal requirements.

An Offeror will be rated “Unacceptable” if it fails to meet the requirements to be rated acceptable described above.

Use Attachment 8 “Experience Form” to document this factor.

B. FACTOR 2 – SAFETY

The Offeror shall submit a narrative no more than 2 single-sided (1 double-sided) pages that demonstrates its commitment to safely accomplishing the requirements identified in the Performance Work Statement and will properly manage and implement safety procedures and accident prevention methods. The narrative should address the following:

The Offeror shall submit the following information:

① The total numbers of Employee Labor Hours Worked for the specified five (5) Calendar Years (CY);

② The numbers of work-related “Fatal (death)” cases for the specified five (5) CY;

③ The numbers of work-related “Lost Work Day*” injury/illness cases for the specified five (5) CY;

④ The numbers of work-related “No-Lost Work Day” injury/illness cases beyond first-aid** and loss of consciousness for the specified five (5) CY; and ⑤ A Technical Approach to Safety narrative.

* Lost Work Day:

The date of injury or onset of illness is not counted as lost workday.

** First-aid:

- Using a non-prescription medication at nonprescription strength (for medications available in both prescription and non-prescription form, a recommendation by a physician or other licensed health care professional to use a non-prescription medication at prescription strength is considered medical treatment for recordkeeping purposes);

- Administering tetanus immunizations (other immunizations, such as Hepatitis B vaccine or rabies vaccine, are considered medical treatment);

- Cleaning, flushing or soaking wounds on the surface of the skin;

- Using wound coverings such as bandages, Band-Aids™, gauze pads, etc.; or using butterfly bandages or Steri- Strips™ (other wound closing devices such as sutures, staples, etc., are considered medical treatment);

- Using hot or cold therapy;

- Using any non-rigid means of support, such as elastic bandages, wraps, non-rigid back belts, etc. (devices with rigid stays or other systems designed to immobilize parts of the body are considered medical treatment for recordkeeping purposes);

- Using temporary immobilization devices while transporting an accident victim (e.g., splints, slings, neck collars, back boards, etc.).

- Drilling of a fingernail or toenail to relieve pressure, or draining fluid from a blister;

- Using eye patches;

- Removing foreign bodies from the eye using only irrigation or a cotton swab;

- Removing splinters or foreign material from areas other than the eye by irrigation, tweezers, cotton swabs or other simple means;

- Using finger guards;

- Using massages (physical therapy or chiropractic treatment are considered medical treatment for recordkeeping purposes); or

- Drinking fluids for relief of heat stress.

1) Submit the numbers of Labor Hours and Fatal (death), Lost Work Day (Lost D) and No-Lost Work Day (No-Lost D) cases using the table below.

a. If the Offeror has no data, for any year, affirmatively state so and explain why.

b. Any fatalities (death cases) experienced within this 5-year period must be explained in detail to include root cause and corrective actions.

Note 1: For a partnership or JV, the Offeror shall submit separate numbers of hours and cases for the specified five

(5) CY for each contractor who is part of the partnership/JV; however, only one safety narrative is required.

Note 2: Hours and cases for subcontractors shall not be included.

2) Technical Approach to Safety (⑤): Submit a narrative that addresses the following:

a. Describe the Offeror’s approach to implementing and executing a Safety Management System (SMS) including 1) Management/Leadership involvement, 2) Employee involvement, 3) Hazard prevention, 4) Hazard control, 5) Worksite analysis, and 6) Safety and health training, to include the standard(s) used to benchmark the

SMS.

b. Describe the evaluation process used to select potential subcontractors.

c. Describe the processes of how the Offeror will oversee safety compliance of subcontractors at all levels throughout performance of the contract (to include the Offeror’s own employees).

d. The Technical Approach to Safety narrative shall be limited to two (2) single-sided pages or one (1) double-sided page.

Note : For a partnership or JV, only one safety narrative is required.

3) The Government reserves the right to review other available sources (public and Government internal) of information. These may include but are not limited to NAVFAC’s Contractor Incident Reporting System (CIRS), Contractor Performance Assessment Reporting System (CPARS), Electronic Contract Management System (eCMS), and public information of suspension of eligibility for participation in bid on public works contracts, etc.

The Government is seeking to determine that the Offeror has consistently demonstrated a commitment to safety and that the Offeror plans to properly manage and implement safety procedures for itself and its subcontractors. To meet the minimum requirements, the Offeror must demonstrate the following:

1. Total Case Rate (TCR) Rates at or below 4.49

𝑻𝑻𝑻𝑻𝑻𝑻 𝑻𝑻𝑹𝑹𝑻𝑻𝑹𝑹 =

Number of TCR Incidents �② + ③ + ④�x 200,000

Total Number of Employee Labor Hours Worked �①�

TCR rate to the level of risk:

Calendar Year (Jan - Dec) 20XX 20XX 20XX 20XX 20XX

① Labor Hrs hrs hrs hrs hrs hrs ② Fatality case(s) case(s) case(s) case(s) case(s) ③ Lost D case(s) case(s) case(s) case(s) case(s) ④ No-Lost D case(s) case(s) case(s) case(s) case(s)

Risk TCR Rate

Very Low Risk Less Than 2.49

Low Risk From 2.5 to 3.49

Moderate Risk From 3.5 to 4.49

High Risk From 4.5 to 5.99

Extremely High Risk Greater than 6.0

2. Lost Time Incident Rate (LTIR) rates at or below 2.99

𝑳𝑳𝑻𝑻𝑳𝑳𝑻𝑻 𝑻𝑻𝑹𝑹𝑻𝑻𝑹𝑹 =

Number of LTIR Incidents (② + ③) x 200,000

Total Number of Employee Labor Hours Worked (①)

LTIR rate to the level of risk:

Risk LTIR Rate

Very Low Risk Less Than 1.0

Low Risk From 1.0 to 1.99

Moderate Risk From 2.0 to 2.99

High Risk From 3.0 to 4.0

Extremely High Risk Greater than 4.0

NOTE: If the Offeror’s rates exceed the established levels above for any of the five years, it will result in a deficiency.

3. Technical Approach to Safety

a. Offeror describes a viable SMS that addresses elements; such as 1) Management/Leadership involvement,

2) Employee involvement, 3) Hazard prevention, 4) Hazard control, 5) Worksite analysis, and 6) Safety and health training, to include the standard(s) used to benchmark the SMS.

b. Offeror describes a methodical process of evaluating subcontractor’s safety performance in their selection process.

c. Offeror describes a logical management plan to hold both themselves and their subcontractors accountable for adhering to the safety requirements of the contract.

4. The Government reserves the right to review other available sources (public/Government internal) of information. These may include but are not limited to OSHA data, NAVFAC’s Contractor Incident Reporting System (CIRS), Contractor Performance Assessment Reporting System (CPARS), Electronic Contract Management System (eCMS), and public information of suspension of eligibility for participation in bid on public works contracts, etc.

An Offeror will be rated “Acceptable” if it demonstrates a commitment to safety and that the Offeror plans to properly manage and implement safety procedures, and accident prevention methods for itself and its subcontractors.

An Offeror will be rated “Unacceptable” if it fails to meet the requirements to be rated acceptable described above.

5. Use Attachment 9 “Safety Narrative” to document this factor.

C. FACTOR 3 – PAST PERFORMANCE

Offerors shall clearly demonstrate a history of performance on contracts/projects that demonstrates experience in performing work similar to that described in the definition of a relevant project shown above. The offeror shall submit past performance information for each project included in its proposal for Factor 3, Experience. If a completed Contractor Performance Assessment Reporting System (CPARS) evaluation is available, it shall be submitted with the proposal. If there is not a completed CPARS evaluation, the Past Performance Questionnaire (PPQ) included in the solicitation is provided for the offeror or its team members to submit to the client for each project the offeror includes in its proposal for Factor 3, Experience. An offeror should not submit a PPQ when a completed CPARS evaluation is available. Ensure correct phone numbers and email addresses are provided for the client point of contact on the PPQ.

Completed PPQs should be submitted with your proposal. If the offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (Attachment 6), which will provide contract and client information for the respective project(s).

Offerors should follow-up with clients/references to ensure timely submittal of questionnaires. If the client requests, questionnaires may be submitted directly to the Government's point of contact, Ms. Luz M. Baron, via email at luz.m.baron.civ@us.navy.mil and Ms. Amanda Jo, via email at amanda.jo.civ@us.navy.mil prior to proposal closing date. Offerors shall not incorporate by reference into their proposal PPQs or CPARS previously submitted for other RFPs. However, this does not preclude the Government from utilizing previously submitted PPQ information in the past performance evaluation.

Offerors may provide any information on problems encountered and the corrective actions taken on projects submitted under Factor 1 – Experience. Offerors may also address any adverse past performance issues.

Explanations shall not exceed 1 double-sided pages or 2 single-sided pages in total.

Performance recognition/award(s) or additional similar information submitted will not be considered.

In addition to the above, the Government may review any other sources of information for evaluating past performance. Other sources may include, but are not limited to, past performance information retrieved through the Past Performance Information Retrieval System (PPIRS) using all CAGE/DUNS numbers of team members (partnership, JV, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the Offeror.

The Government is seeking to determine if the Offeror has recent and relevant past performance information that pertain to the requirement outlined in the solicitation. The past performance evaluation results in an assessment of the Offerors probability of meeting the solicitation requirements. The evaluation will consider how well the Offeror performed relevant projects submitted under Factor 1 and may also consider past performance on other projects currently documented in known sources.

mailto:luz.m.baron.civ@us.navy.mil mailto:amanda.jo.civ@us.navy.mil

The Government will consider the recency and relevance of the information, the source of the information, context of the data, and general trends in the Offeror’s performance. This evaluation is separate and distinct from the Offeror’s responsibility determination. The assessment of the Offeror’s past performance will be used as a means of evaluating the Offeror’s probability to successfully meet the requirements of the solicitation.

The Government will evaluate the degree to which past performance evaluations and all other past performance information reviewed by the Government (e.g., PPIRS, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), performance recognition documents, and information obtained from any other source) reflect a trend of satisfactory performance record in terms of quality, schedule and management.

An Offeror will be rated “Acceptable” if, based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance records is unknown.

An Offeror will be rated “Unacceptable” if, based on the Offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

The Government may use information such as (e.g., PPIRS, Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and information obtained from any other source.

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or is so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “Acceptable.”

Use Attachment 6 “Past Performance Questionnaire (PPQ)” to document this factor if there is no CPARS…