_N4019220R1800_SF33_Solicitation.pdf
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- Solicitation number
- N4019220R1800
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This document provides a summary of a federal contract solicitation. The solicitation seeks proposals for environmental services including operation of a conforming storage facility, management of less-than-90-day storage facilities, hazardous waste collection and disposal, spill response, sampling and testing. The contract type will be firm fixed price indefinite delivery indefinite quantity for a base period plus four option periods not exceeding 60 months total. The total contract value shall not exceed $20 million. The solicitation is a 100% small business set-aside for NAICS code 562112 with an annual size standard of $41.5 million. Offerors must submit technical, past performance, and price proposals which will be evaluated. A pre-proposal conference is scheduled for November 8, 2019 and interested attendees requiring base access must complete security forms and submit to the base visitor control center. The point of contact is provided for any questions.
N40192-20-R-1800 SF33 Solicitation
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CODE
(Hour)
PAGE(S)
until 04:30 PM local t ime 06 Dec 2019
X
A X B X C
D
EX
X G F 28 - 41
42 - 52 X H 53 - 61 teresa.aguon@fe.navy .mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA FAR (48 CFR) 53.214(c)
1 61
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
N40192 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 3 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
NAVFAC Marianas Bldg4175A conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
TERESA F. AGUON 671-333-3171
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 2 3 - 8
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
9 J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
10 - 11
12 - 13 X K REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 14 - 17 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 18 - 20 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIO NS AND INSTRUCTIO NS
PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS
21 - 26
PART II - CO NTRACT CLAUSES
COMMANDING OFFICER - NAVFAC MARIANAS
MAR SVCS
PSC 455, BOX 195
FPO AP 96540-2937
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
06 Nov 2019
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
N4019220R1800
Section A - Solicitation/Contract Form
SECTION A
A.1 CONTRACT TITLE
Environmental IDIQ Services for Hazardous Waste, Hazardous Material, Other Regulated Waste, and Spill Response at Joint Region Marianas, Guam
A.2 SET-ASIDE
This procurement is a 100% Small Business Set-Aside.
A.3 NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS) CODE
The NAICS code assigned to this procurement is 562112, Hazardous Waste Collection, with a small business size standard of $41.5 million.
A.4 MINIMUM ACCEPTANCE PERIOD
The Government requires a minimum acceptance period of 120 calendar days for awarding a contract from the date specified for receipt of proposals. Offerors may specify a longer acceptance period in Block 12 of the SF 33 than the Government's minimum requirement. Offers providing less than 120 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
A.5 REQUESTS FOR INFORMATION
Inquiries regarding the Request for Proposal (RFP) shall be submitted electronically using the Request for Information (RFI) form provided as ATTACHMENT JL-1 in this solicitation. The Point of Contact (POC) for inquiries is Teresa F. Aguon at (671) 333-3171, by email at Teresa.Aguon@fe.navy.mil. The Government does not intend to respond to inquiries submitted less than 10 days before the proposal receipt date.
A.6 ENFORCEABILITY OF PROPOSAL:
Items offered in the contractor’s proposal are binding on the contractor and shall be provided for the duration of the contract. Substitutions will require prior Contracting Officer’s approval and shall be equal or better, in the judgment of the Contracting Officer, than the items originally proposed.
PROPOSALS MUST SET FORTH FULL, ACCURATE, AND COMPLETE INFORMATION AS REQUIRED
BY THIS REQUEST FOR PROPOSAL (INCLUDING ATTACHMENTS). THE PENALTY FOR MAKING
FALSE STATEMENTS IN PROPOSALS IS PRESCRIBED IN 18 U.S.C. 1001.
THE GOVERNMENT INTENDS TO EVALUATE PROPOSALS AND AWARD WITHOUT DISCUSSIONS.
HOWEVER, THE GOVERNMENT RESERVES THE RIGHT TO CONDUCT DISCUSSIONS IF IT IS LATER
DETERMINED BY THE CONTRACTING OFFICER TO BE NECESSARY. THEREFORE, EACH INITIAL
OFFER SHOULD CONTAIN THE BEST TERMS FROM A TECHNICAL AND PRICE STANDPOINT.
Section B - Supplies or Services and Prices
SECTION B
B.1 CONTRACT TYPE
This acquisition will result in an Indefinite Delivery, Indefinite Quantity (IDIQ) contract with recurring and non-recurring work. The term “recurring work” refers to the Firm Fixed Price (FFP) portion of the contract, while “non-recurring work” refers to the IDIQ portion of the contract.
B.2 ESTIMATED VALUE AND MINIMUM GUARANTEE
The resulting contract will have a base period and four (4) option periods for a total maximum duration of 60 months. The maximum total contract value, including the base period and all options, is not to exceed $25,000,000.
The total estimated value of an ordering period is the total of all the CLINs in that ordering period. Once the estimated quantities for individual non-recurring work line items shown on the schedule have been ordered, additional quantities may be ordered as long as the overall contract value is not exceeded and the Contractor agrees by signing the task order.
Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate the contract minimum guarantee for CLIN 0001, Mobilization and Base Period recurring work.
Minimum guarantees do not apply to the option periods.
B.3 CONTRACT LINE ITEMS (CLINS) AND EXHIBIT LINE ITEMS (ELINS)
a. Offerors shall enter amounts for CLINs and ELINs as indicated in the schedules and any accompanying exhibits
(see Section J).
b. In the event there is a difference between a unit price and the computed total amount, the unit price will be held to be the intended offer and the total of the CLINs and ELINs will be recomputed accordingly. If the Offeror provides a total amount for a CLIN or ELIN but fails to enter the unit price, the total amount divided by the CLIN or ELIN quantity will be held to be in the intended unit price.
c. ELINs are included in Exhibits A through E, Section J. Pricing should be prepared for Mobilization, Base
Period, four (4) Option Periods, and Demobilization.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each Mobilization & Base Period RecurringWork
FFP
Mobilization - Firm Fixed Price In accordance with Section J, Exhibit A, ELIN A001
Base Period - Firm Fixed Price Recurring Work In accordance with Section J, Exhibit A, ELINs A002 through A060
FOB: Destination
NET AMT
0002 1 Each Base Period IDIQ
FFP
Base Period - Non-Recurring Indefinite Delivery-Indefinite Quantity (IDIQ) Work In accordance with Section J, Exhibit A, ELINs A061 through A149
0003 1 Each OPTION First Option Period
FFP
Firm Fixed Price Recurring Work In accordance with Section J, Exhibit B, ELINs B001 through B059
0004 1 Each OPTION First Option Period IDIQ
FFP
Non-Recurring Indefinite Delivery-Indefinite Quantity (IDIQ) Work In accordance with Section J, Exhibit B, ELINs B060 through B148
0005 1 Each OPTION Second Option Period
FFP
Firm Fixed Price Recurring Work In accordance with Section J, Exhibit C, ELINs C001 through C059
0006 1 Each OPTION Second Option Period IDIQ
FFP
Non-Recurring Indefinite Delivery-Indefinite Quantity (IDIQ) Work In accordance with Section J, Exhibit C, ELINs C060 through C148
0007 1 Each OPTION Third Option Period
FFP
Firm Fixed Price Recurring Work In accordance with Section J, Exhibit D, ELINs D001 through D059
0008 1 Each OPTION Third Option Period IDIQ
FFP
Non-Recurring Indefinite Delivery-Indefinite Quantity (IDIQ) Work In accordance with Section J, Exhibit D, ELINs D060 through D148
0009 1 Each OPTION Fourth Option Recurring Work and Demob
FFP
Firm Fixed Price Recurring Work In accordance with Section J, Exhibit E, ELINs E001 through E059
Demobilization - Firm Fixed Price In accordance with Section J, Exhibit E, ELIN E149
0010 1 Each OPTION Fourth Option Period IDIQ
FFP
Non-Recurring Indefinite Delivery-Indefinite Quantity (IDIQ) Work In accordance with Section J, Exhibit E, ELINs E060 through E148
Section C - Descriptions and Specifications
SECTION C
C.1 DESCRIPTION OF WORK
Contractor shall provide environmental services for hazardous waste, hazardous material, other regulated waste, and spill response for all Supported Components and Tenant Commands under Joint Region Marianas in Guam. The work (task orders) includes operation of a Conforming Storage Facility (CSF); management of Less-than-90-Day Storage Facilities; management of satellite accumulation sites (SAS) at Naval Base Guam (NBG) and initial accumulation points (IAP) at Naval Support Activity Andersen (NSAA); daily management, collection and disposal of hazardous waste (HW), hazardous material (HM), and other regulated waste (ORW) such as but not restricted to asbestos, lead-based paint, and polychlorinated biphenyls (PCBs); occasional management, disposal, and collection of non-HW; sampling, testing, and laboratory analysis for hazardous waste, regulated waste, and unknown waste determination; oil and hazardous substance spill response, cleanup, sampling, laboratory analysis, and disposal.
C.2 PERFORMANCE WORK STATEMENT (PWS) ANNEXES
This is a performance-based contract which incorporates performance-based specifications. The Performance Work Statement (PWS) in ATTACHMENT JC-1 includes the following Annexes:
Annex 0100000, General Information Annex 0200000, Management and Administration Annex 1800000, Environmental
C.3 PWS FORMAT
Specification (Spec) Item 1 (General Information) – Non-cost information unique to the understanding of the technical requirements of this functional area.
Spec Item 2 (Management and Administration) – Management and administration requirements unique to the planning, execution, management, and administration of the performance requirements of this spec.
Spec Item 3 (Recurring Work) – Firm Fixed Price (FFP) Work.
Spec Item 4 (Non-Recurring Work) – Indefinite Delivery/Indefinite Quantity (IDIQ) Work.
Section E - Inspection and Acceptance
SECTION E
E.1 INSPECTION AND ACCEPTANCE (DESTINATION)
Inspection and acceptance of the services to be furnished hereunder shall be made at destination by the Contracting Officer's Representative (COR). The performance and quality of work delivered by the contractor, including services rendered and any documentation or written material compiled shall be subject to inspection, review, and acceptance by the Government.
E.2 PERFORMANCE EVALUATION MEETINGS
The Contractor shall meet with the Government’s representative monthly during the first three (3) months of the contract. Thereafter, meetings will be as often as necessary at the discretion of the Contracting Officer, but not less than quarterly. A mutual effort will be made to resolve all problems identified. The written minutes of these meetings, prepared by the Government, shall be signed by the Contractor's representative and the Government's representative. Should the Contractor not concur with the minutes, the Contractor shall state, in writing, to the Contracting Officer any areas of disagreement within three (3) calendar days.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government
CLAUSES INCORPORATED BY FULL TEXT
52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)
(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.
(End of clause)
Section F - Deliveries or Performance
SECTION F
F.1 CONTRACT TERM
The term of the contract includes a mobilization and demobilization period, the base period, and four (4) option periods. The mobilization period will be for one (1) month commencing on the start date of the period of performance. Immediately following will be the base period for eleven (11) months. Option Periods 1, 2, and 3 will be twelve (12) months each. Option Period 4 will be eleven (11) months followed by the demobilization period for one (1) month. The Government has the option to extend the term of the contract in accordance with FAR 52.217-9, Option to Extend the Term of the Contract (MAR 2000).
F.2 PLACE OF PERFORMANCE
The place of performance for this contract is Naval Base Guam and Andersen Air Force Base Guam, Joint Region Marianas, located on Guam.
F.3 DELIVERABLES
The Deliverables are provided in the following:
Annex 0200000, Management & Administration, Section F Annex 1800000, Environmental, Section F
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
0002 N/A N/A N/A N/A
0003 N/A N/A N/A N/A
0004 N/A N/A N/A N/A
0005 N/A N/A N/A N/A
0006 N/A N/A N/A N/A
0007 N/A N/A N/A N/A
0008 N/A N/A N/A N/A
0009 N/A N/A N/A N/A
0010 N/A N/A N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984
Section G - Contract Administration Data
SECTION G
G.1 TECHNICAL DIRECTION
a. As provided by the contract provision, “CONTRACTING OFFICER’S REPRESENTATIVE (COR),” performance of work under this contract is subject to the written technical direction of the COR, who shall be specifically appointed by the Contracting Officer in writing. “Technical Direction” means a directive to the Contractor that approves approaches, solutions, or refinements; fills in details or otherwise completes the general description of the work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instructions to the Contractor.
b. The COR does not have the authority to, and shall not, issue any instruction purporting to be technical direction which:
(1) Constitutes an assignment of additional work outside the Statement of Work;
(2) Constitutes a change as defined in the Changes clause;
(3) In any manner causes an increase or decrease in the total estimated cost, or the time required for contract performance;
(4) Changes any of the expressed terms, conditions, or specifications of the contract, or;
(5) Interferes with the Contractor’s rights to perform the terms and conditions of the contract, or;
(6) Authorizes the Contractor to incur costs in excess of the estimated cost or other limitations on cost or funds set forth in this contract.
c. All technical direction shall be issued in writing by the COR.
d. When, in the opinion of the Contractor, the COR or any other Government official other than the Contracting
Officer, requests effort outside the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor under such direction until the Contracting Officer has issued a modification to the contract or has otherwise resolved the issue.
G.2 CONTRACTING OFFICER AUTHORITY
In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter, or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.
G.3 PAYMENT INSTRUCTIONS
Refer to table at DFARS PGI 204.7108 Payment Instructions.
https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
When submitting a request for payment, the Contractor shall--
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. Not Applicable.
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer. Navy Construction / Facilities Management Invoice
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N68732 Issue By DoDAAC N40192 Admin DoDAAC** N40192 Inspect By DoDAAC N40192/IPTSVC Accept By DoDAAC N40192/IPTSVC Ship To Code N40192/IPTSVC Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC N40192/IPTSVC DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact. Christopher.Santos@fe.navy.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
Section H - Special Contract Requirements
SECTION H
H.1 AUTHORITY
a. No person other than the Contracting Officer has authority to bind the Government with respect to this contract.
b. No action or omission of any government employee or representative other than the Contracting Officer shall increase or decrease the scope of this contract or shall otherwise modify the terms and conditions of this contract.
c. In no event shall any of the following be effective or binding on the Government or imputed to the Contracting Officer with respect to this contract:
i. An understanding or agreement between the Contractor and anyone other than the Contracting Officer;
ii. A purported modification or change order issued by anyone other than the Contracting Officer;
iii. A promise by anyone other than the Contracting Officer to provide additional funding or make payments;
or
iv. An order, direction, consent, or permission from anyone other than the Contracting Officer to:
(1) Incur costs in excess of a specified estimated cost, allotment of funds, or other ceiling; or
(2) Expend hours in excess of a specified level of effort.
H.2 SERVICE CONTRACT LABOR STANDARDS
The Service Contract Labor Standards (SCLS) Wage Determination, ATTACHMENT JH-1, included in the award of a contract will remain in effect for the duration of the base period. At the time the Contracting Officer elects to exercise an option period, an updated Service Contract Labor Standards Wage Determination will be incorporated into the contract. The updated Service Contract Labor Standards Wage Determination will remain in effect for the life of the option period. Estimated costs reflected in Section B and option periods do not include escalation for anticipated Service Contract Labor Standards Wage Determination revisions. Upon incorporation of an updated Service Contract Labor Standards Wage Determination, the estimated cost of the contract shall be revised to reflect impact on wages, benefits, taxes, and associated costs.
H.3 BLANKET TASK ORDERS
The Government reserves the right to issue Blanket Task Orders (BTOs) with bulk funding for non-recurring work;
however, performance of work shall not commence until written authorization is received from the Contracting Officer. Each issued BTO and subsequent work authorization will include a firm fixed-price not-to-exceed amount which can only be altered via BTO modification.
H.4 INSTALLATION REGULATIONS
The Contractor shall ensure all Contractor and subcontractor employees become acquainted with and obey all Government installation regulations.
H.5 SECURITY REQUIREMENTS
a. The Contractor and its subcontractors shall comply with all security requirements specified in the contract as well as all installation security requirements. Upon request, the Contractor shall submit the name and address of all personnel hired for work on this contract, and any completed questionnaires, and other forms as may be required for security clearances.
b. Contractor and subcontractor employees shall not disclose or cause to be disseminated any information concerning the operations of the installation which could result in or increase the likelihood of the possibility of a breach of the installation's security or interrupt the continuity of its operations.
c. Disclosure of information relating to the services hereunder to any person not entitled to receive it, or failure to safeguard any classified information that may come to the attention of the Contractor or any person under his control in connection with work under this contract, may subject the Contractor, his agents or employees to criminal liability under 18 U.S.C. Sec. 793, "Gathering, Transmitting, or Losing Defense Information," 18 U.S.C. Sec. 794 “Gathering or Delivering Defense Information to Aid Foreign Government” and 18 U.S.C. Sec.
798, "Disclosure of Classified Information."
d. Deviations from or violations of any of the provisions of this contract requirement, in addition to all other criminal and civil remedies provided by law, may subject the Contractor to immediate termination for default and/or the withdrawal of the Government's acceptance and approval of employment of the individuals involved.
e. Classified and/or politically sensitive material shall not be released without prior written consent of the Contracting Officer, or as expressly stated in the statement of work. In the event the Contractor requires access to classified information during performance, procedures prescribed by FAR 4.4 for safeguarding classified information shall apply.
H.6 REQUIRED INSURANCE
a. Within fifteen days after award of this contract, the contractor shall furnish the Contracting Officer a Certificate of Insurance as evidence of the existence of the following insurance coverage amounts not less than the amount specified below in accordance with FAR Clause 52.228-5, Insurance – Work On A Government Installation.
COVERAGE:
Comprehensive General Liability: $500,000 per occurrence.
Automobile Liability: $200,000 per person, $500,000 per occurrence for bodily injury; $20,000 per occurrence for property damage.
Workmen’s Compensation: As required by Federal and State Worker’s compensation and occupational disease laws.
Employer’s Liability Coverage: $l00,000, except in states where worker’s compensation may not be written by private carriers.
Others as required by state law.
b. The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned "Insurance" clause.
H.7 TERRITORY OF GUAM NOTICE CONCERNING TAXES, LICENSES, WITHHOLDINGS
(NOTE: The information in this Notice to Bidders is provided by the Government of Guam, Department of Revenue and Taxation. Any questions concerning applicability or interpretation should be directed to that Agency at 1240 Army Drive, Barrigada, Guam 96913. Business registration with the Government of Guam is not considered in determining contractor responsiveness or responsibility. Bidders attention is directed to FAR Clause 52.236-7 in the solicitation entitled “PERMITS AND RESPONSIBILITIES”.)
a. All persons engaging in business in Guam must be licensed to do so by the Government of Guam prior to commencement of business in Guam. Engaging in business includes, but is not limited to, services provided by contractors. Applications for business licenses shall be made to the Department of Revenue and Taxation, License and Registration Branch.
b. All corporations, domestic (created under the laws of Guam) or foreign (not created under the laws of Guam) must register with the Department of Revenue and Taxation, License and Registration Branch.
c. Any person engaging in business on Guam must file monthly Business Privilege Tax returns with the Department of Revenue and Taxation.
d. All corporations with the Guam source of funds must file income tax returns to the Department of Revenue and Taxation on the prescribed forms.
e. All employers must deposit wage withholdings from their employees to the Treasurer of Guam. Guam Depository Receipts, as well as Quarterly Withholding Statements are required to be filed with the Department of Revenue and Taxation in the same manner as similar returns and statements required to be filed with the U.S. Internal Revenue Service.
f. Failure to comply with the above may result in criminal or civil penalties as provided by law.
H.8 PHASE-OUT PERIOD
The phase-out of incumbent employees may occur in conjunction with the phase-in of successor Contractor employees. The current Contractor shall cooperate with the Government during the phase-out period.
The Government reserves the right to conduct site visits with prospective offerors in all contractor-operated facilities in conjunction with the solicitation of offers for the follow-on contract. In the event the follow-on contract is awarded to other than the incumbent, the incumbent Contractor shall cooperate to the extent required to permit orderly changeover to the successful contractor. With regard to the succession of Contractor’s employees, a recruitment notice may be placed in each facility.
Section I - Contract Clauses
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-
Delivery Contracts
OCT 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.210-1 Market Research APR 2011 52.211-15 Defense Priority And Allocation Requirements APR 2008 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications (Deviation 2018-O0015)
JUL 2018
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2019-O0003). JAN 2019
52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime
Compensation
MAY 2018
52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option Contracts)
AUG 2018
52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons.
JUN 2016
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.223-19 Compliance with Environmental Management Systems MAY 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.230-2 Cost Accounting Standards OCT 2015 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-13 Bankruptcy JUL 1995
52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.244-2 Subcontracts OCT 2010 52.244-6 Subcontracts for Commercial Items AUG 2019 52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.252-4 Alterations in Contract APR 1984 52.252-6 Authorized Deviations In Clauses APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.244-7001 Contractor Purchasing System Administration MAY 2014 252.247-7023 Transportation of Supplies by Sea FEB 2019
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor -
(1) Any order for a single item in excess of $2,000,000;
(2) Any order for a combination of items in excess $5,000,000; or
(3) A series of orders from the same ordering office within three (3) days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within two (2) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum”. The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum”.
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the contract completion date.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-O0003) (JAN 2019)
(a) Definition. “Small business concern,” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.
(b) Applicability. This clause applies only to—
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d) Agreement.
(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any firm. For a contract exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall—
(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;
(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and
(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.
(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/
252.216-7006 ORDERING (MAY 2011)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from award date through effective term of the contract.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
(End of Clause)
252.222-7000 RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)
(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in Guam, individuals who are residents thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.
(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.
Section J - List of Documents, Exhibits and Other Attachments
SECTION J
TABLE OF CONTENTS
Attachment No. Title
JC-1 Performance Work Statement (PWS) – Annexes 1, 2, and 18 JH-1 Service Contract Labor Standards (SCLS) - Wage Determination JL-1 Request for Information (RFI) Form JL-2 Project Data Sheet JL-3 NAVFAC Past Performance Questionnaire (Form PPQ-0) JL-4 SECNAV 5512 Form JL-5 Naval Base Guam – Base Access Request Form JL-6 Foreign National Biometric Data Form JL-7 Andersen Air Force Base – Base Access List Form JL-8 Foreign National Access Request Form
Exhibit No. Title
Exhibit A-E Exhibit Line Item Numbers (ELINs)
Section K - Representations, Certifications and Other Statements of Offerors
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-13 Violation of Arms Control Treaties or Agreements --
Certification.
JUN 2018
52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
FEB 2016
52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan--Certification
AUG 2009
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 562112, Hazardous Waste Collection.
(2) The small business size standard is $41,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The…
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