N62478-13-R-2413 _Amendment_0002.pdf

ACQR3415307

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

RFP NO. N62478-13-R-2413, INDEFINITE DELIVERY INDEFINITE QUANTITY CONTRACT FOR TOXICITY LABORATORY SERVICES, OAHU, HAWAII

The proposal due date is reestablished as October 24, 2013, 2:00 PM, HST.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 13

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

16C. DATE SIGNED

BY 09-Oct-2013

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N62478-13-R-2413

X 9B. DATED (SEE ITEM 11)

24-Sep-2013

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

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

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

09-Oct-2013

CODE

NAVFAC HAWAII

SERVICES ACQUISITION DIVISION (PRJ233)

400 MARSHALL ROAD

JBPHH HI 96860-3139

N62478 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N62478-13-R-2413

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES (REVISED)

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by reference:

52.215-20 Alt IV Requirements for Certified Cost or Pricing Data or

Information Other Than Certified Cost or Pricing Data (Oct 2010) - Alternate IV

OCT 2010

52.215-21 Alt IV Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data-- Modifications (Oct 2010) - Alternate IV

OCT 2010

52.219-9 Small Business Subcontracting Plan JUL 2013 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.219-25 Small Disadvantaged Business Participation Program--

Disadvantaged Status and Reporting

JUL 2013

52.247-64 Preference for Privately Owned U.S. - Flag Commercial Vessels

FEB 2006

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) AUG 2012 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.247-7023 Transportation of Supplies by Sea JUN 2013

The following have been modified:

INSTRUCTIONS

OFFERORS ARE ADVISED THAT FUNDING MAY NOT BECOME AVAILABLE. IF FUNDS ARE NOT

AVAILABLE, NO AWARD WILL BE MADE AS A RESULT OF THIS SOLICITATION. OFFERORS WILL

NOT BE REIMBURSED FOR ANY EFFORT OR PROPOSAL COSTS RESULTING FROM THIS

SOLICITATION.

CONTRACTOR INFORMATION

CONTRACTOR NAME:

IF ENTERING POST OFFICE BOX NUMBER ON YOUR OFFER FORM, PLEASE PROVIDE YOUR:

STREET ADDRESS:

CITY, STATE, ZIP CODE:

FACSIMILE NUMBER WITH AREA CODE:

EMAIL ADDRESS:

YOU DO NOT NEED THE FOLLOWING IN ORDER TO SUBMIT YOUR OFFER, BUT IF YOU KNOW

THEM, PLEASE PROVIDE YOUR DUNS NO.:

CAGE CODE:

DELIVERY REQUIREMENTS

a. The offeror shall submit its proposal by one of the following methods:

(1) Mail. Submit the proposal to the addresses listed below:

NAVFAC HAWAII

SERVICES ACQUISITION DIVISION (PRJ233)

400 MARSHALL ROAD

JBPHH, HI 96860-3139

(a) Submit the proposal in sealed envelopes or packages, indicating the date and time specified for receipt, the solicitation number, and the name and address of the Offeror.

(b) The Government recommends that the offeror send its proposal via the U. S. Postal Service. If security levels are heightened, other carriers may not be allowed on base for delivery to the address specified above.

(2) Hand Deliver/Courier Service. Hand deliver the proposal to Building A-12 of the Naval Facilities Engineering Command (NAVFAC) Hawaii Compound. Upon arrival, the offeror or courier shall notify Government personnel that it requests to drop off a proposal and shall present photo identification for verification.

b. If security levels are heightened, the Government will notify offerors of the revised submittal procedures.

SUBMITTAL REQUIREMENTS

PROPOSAL REQUIREMENTS. The price proposal and the non-price proposal shall be submitted in separate volumes. The non-price proposal shall not contain any cost/pricing information, except for salary information provided on resumes. The non-price proposal presented by the offeror to whom the award is made will be incorporated into the contract at time of award.

a. General Solicitation Submittal Requirements: Submit two sets of the price and non-price proposals as indicated below:

(1) One compact diskette (CD) containing the complete price and non-price proposals, separated into two folders, entitled “Price Proposal” and “Non-Price Proposal.” The non-price proposal shall not contain any cost/pricing information.

(2) One hard copy.

(a) Standard Form 1449 with an original signature.

(b) Copy of the complete price and non-price proposals, printed from the CD. The Government will use the hard copy only if the CD is corrupt or unreadable;

b. Price Proposal:

(1) Solicitation Submittal Requirements:

(a) Standard Form 1449;

(1) Ensure Blocks 17 and 30 of the SF1449 are completed as follows:

(a) Individuals doing business as a firm - Signed by that individual, and the signature shall be followed by the individual's typed, stamped, or printed name and the words, "an individual doing business as _________" [insert name of firm].

(b) Partnerships - Signed in the partnership name.

(c) Corporations - Signed in the corporate name, followed by the word "by" and the signature and title of the person authorized to sign.

(d) Joint Ventures - Signed by each participant in the joint venture in the manner prescribed in paragraphs (a) through (c) above for each type of participant.

(2) If the offeror delegates this authority to an individual or position, the offeror must submit a Delegation of Authority letter signed by someone authorized to delegate, along with a corporate statement (e.g., by-laws, corporate resolution) showing that the delegator is authorized to delegate this authority.

(b) Acknowledgment of any amendments issued for this RFP;

(c) Price Schedule and Attachments 0200000-05 through 0200000-09. Offerors shall not use their own forms.

(d) FAR 52.212-3, Offeror Representations and Certifications – Commercial Items;

(e) Evidence of submission of VETS-100 Report, entitled “Federal Contractor Veterans’ Employment Report (VETS-100 Report),” as required by FAR 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (If not applicable, provide statement that Offeror has not had contracts subject to this requirement.);

(f) CAGE/DUNS numbers of team members (partnership, joint venture, teaming arrangement, or parent company/subsidiary/affiliate); and

(g) Joint Venture Agreement (if submitting proposal as a joint venture).

c. Non-price Proposal:

(1) Factor 1, Corporate Experience:

(a) Solicitation Submittal Requirements:

(1) Submit a list of all Whole Effluent Toxicity (WET) Chronic Toxicity testing as specified in "TROPICAL COLLECTOR URCHIN, Tripneustes gratilla, FERTILIZATION TEST METHOD" (EPA/600/R-12/022) (or previous draft method "Hawaiian Collector Urchin, Tripneustes gratilla (hawa'e) Fertilization Test Method" (3-16-1998)), contracts or subcontracts which were completed no more than seven years prior to the issuance date of this solicitation, or are currently in progress, using the attachment entitled, “Corporate Experience List.” Include only contracts and subcontracts which are similar in scope and valued at $10,000 or more per year. The dollar value is based on the amount for standalone projects or multiple projects that collectively equate to $10,000 or more per year and were on-going concurrently. Contracts listed may include those entered into with Federal, State, or local governmental agencies, as well as contracts with commercial entities.

Submit a separate list for each subcontractor that will perform major aspects of the requirement.

(2) In addition, if the evaluation of your experience list (your firm's and your subcontractors') does not result in an Acceptable rating for Corporate Experience, the Government will consider the experience of your (your firm’s and your subcontractors’) Project Manager and Quality Manager, using the attachment entitled, “Key Personnel Experience List.” The Project Manager and Quality Manager shall have at least three years of relevant experience, similar in scope (i.e., Whole Effluent Toxicity (WET) Chronic Toxicity testing as specified in "TROPICAL COLLECTOR URCHIN, Tripneustes gratilla, FERTILIZATION TEST METHOD" (EPA/600/R-12/022) (or previous draft method "Hawaiian Collector Urchin, Tripneustes gratilla (hawa'e) Fertilization Test Method" (3-16-1998)) contracts and subcontracts and valued at $10,000 or more per year. The dollar value is based on the amount for standalone projects or multiple projects that collectively equate to $10,000 or more per year and were on-going concurrently. You must submit a separate “Key Personnel Experience List” for both the Project Manager and Quality Manager. If you submit the list for only one position, it will not be considered.

(2) Factor 2 – Laboratory and Analyst Method Qualification

Solicitation Submittal Requirements: Provide evidence that personnel performing Whole Effluent Toxicity (WET) Chronic Toxicity testing as specified in "TROPICAL COLLECTOR URCHIN, Tripneustes gratilla, FERTILIZATION TEST METHOD" (EPA/600/R-12/022) are properly trained (to include initial and continuing demonstrations of capability) and that the laboratory holds US EPA approval or current NELAP accreditation for the performance of WET Chronic Toxicity testing by this method (or previous draft method "Hawaiian Collector Urchin, Tripneustes gratilla (hawa'e) Fertilization Test Method" (3-16-1998)).

(3) Factor 3, Safety

(a) Solicitation Submittal Requirements: The Offeror shall submit the following information: (For a partnership or joint venture, the following submittal requirements are required for each contractor who is part of the partnership or joint venture; however, only one safety narrative is required. EMR and DART Rates shall not be submitted for subcontractors.)

(1) Experience Modification Rate (EMR): For the three previous complete calendar years, submit your EMR (which compares your company’s annual losses in insurance claims against its policy premiums over a three year period). If you have no EMR, affirmatively state so, and explain why. Any extenuating circumstances that affected the EMR and upward or downward trends should be addressed as part of this element.

(2) OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate: For the three previous complete calendar years, submit your OSHA Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate, as defined by the U.S. Department of Labor, Occupational Safety and Health Administration. If you cannot submit an OSHA DART Rate, affirmatively state so, and explain why.

Any extenuating circumstances that affected the OSHA DART Rate data and upward or downward trends should be addressed as part of this element.

(3) Technical Approach for Safety: Describe the plan that the Offeror will implement to evaluate safety performance of potential subcontractors, as a part of the selection process for all levels of subcontractors. Also, describe any innovative methods that the Offeror will employ to ensure and monitor safe work practices at all subcontractor levels. The Safety Narrative shall be limited to two pages.

(4) Factor 4, Past Performance

(a) Solicitation Submittal Requirements:

(1) IF A COMPLETED CPARS EVALUATION IS AVAILABLE (FOR

EACH PROJECT LISTED FOR FACTOR 1), 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 1, Corporate Experience. AN OFFEROR SHALL NOT SUBMIT A PPQ WHEN A COMPLETED CPARS IS AVAILABLE. The Government will not consider PPQs for projects for which completed CPARS are available.

(2) IF A CPARS EVALUATION IS NOT AVAILABLE, ensure correct phone numbers and email addresses are provided for the client point of contact. 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 C), 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. S. Sekiguchi, via email at sandy.sekiguchi@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.

(3) Also include performance recognition documents received within the last seven years such as awards, award fee determinations, customer letters of commendation, and any other forms of performance recognition.

(4) 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, joint venture, teaming arrangement, or parent company/subsidiary/affiliate) identified in the offeror’s proposal, inquiries of owner representative(s), and any other known sources not provided by the offeror.

(5) 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.

BASIS FOR AWARD

a. Offers are solicited on an "all or none" basis. Failure to submit prices for all items and quantities listed shall be cause for rejection of the offer. The initial award will include only Contract Line Items 0001 and 9000.

b. The Government intends to evaluate proposals and award a contract without discussions with offerors. Therefore, the offeror's initial proposal should contain the offeror's best terms from a price and non-price standpoint. The Government reserves the right to conduct discussions if the Contracting Officer later determines them to be necessary.

c. The Government will evaluate the Offeror's proposals against the criteria specified elsewhere in this section. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer provides the best value to the Government, price and other factors considered. The Government will determine best value based on an integrated assessment of each proposal in terms of price, Corporate Experience, Laboratory and Analyst Method Qualification, Safety, and Past Performance.

mailto:sandy.sekiguchi@navy.mil

d. 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.

e. 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. An overall non-price factors rating of “UNACCEPTABLE” makes a proposal ineligible for award.

PERFORMANCE PERIOD OF CONTRACT

a. The contract term shall be for a period of one calendar year commencing 60 calendar days after award. Upon mutual agreement of the Government and the Contractor, the term of the contract may commence within a shorter period than the 60 calendar days stated.

b. The Government has the option to extend the term of the contract in accordance with the OPTION TO EXTEND THE TERM OF THE CONTRACT clause in Section I.

c. The option year price shall be at prices bid for each option period. The Government will adjust the Service Contract Act prices, based on new Department of Labor Wage Determination rates. The Contractor shall not include any allowance for any contingency to cover increased cost for which adjustment is provided under clause FAR 52.222-43.

PERFORMANCE EVALUATION MEETINGS

a. The Contractor shall meet with the Government’s representative at the discretion of the Contracting Officer. 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.

b. The Government will periodically assess the Contractor’s overall performance on this contract by completing the form at Attachment 1. The Government may use this form to evaluate the Contractor more frequently if it becomes necessary. The Contractor will be afforded an opportunity to comment on each evaluation performed when the Government uses Attachment 1. The Contractor will have an opportunity to submit written comments on unsatisfactory ratings.

c. The Contractor’s performance will be evaluated using the respective contractor performance evaluation report entry system located on the website www.cpars.navy.mil. Prior to commencement of work the Contractor shall provide the Government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the Government. The Contractor shall keep this contact information current.

ELECTRONIC COMMERCE

The Government may issue documents using electronic commerce methods such as electronic mail ("email") and facsimile ("fax") in lieu of mailing. Examples of such documents include, but are not limited to, general correspondence; direction letters; Request for Proposals; Task Orders; and contract modifications. The Government will use the email address and/or fax number provided by the contractor. The contractor is responsible for providing the government with current and accurate information. If the Government issues the documents via email, successful transmission of the document, as evidenced by the "Sent" date shown on the Government's email http://www.cpars.navy.mil/ system, will constitute official issuance of the document. The date and time recorded on the "Sent" email will be the official date and time of receipt by the contractor. If the Government issues the documents via fax, successful transmission of the document, as evidenced by the fax confirmation report, will constitute official issuance of the document. The date and time recorded on the fax confirmation report will be the official date and time of receipt by the contractor.

CONTRACTOR SUPPORT OF ELECTRONIC CONTRACTING (DOD EMALL)

The contractor is required to offer IQ pre-priced line item services to authorized Government personnel when they are ordering the work directly via the Government Purchase Card (GPC) program. When receiving GPC orders against Section B, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee.

The contractor agrees to accept and process electronically submitted GPC orders for IQ services, including those orders issued through the DOD EMALL. The DOD EMALL is a U.S. Government (USG) owned and operated web-based ordering system that enables any Department of Defense (DOD) or Federal activity to search for and order goods and services. Authorized GPC users will receive approved accounts on DOD EMALL to view and order IQ line items.

The contractor is required to receive electronic IQ orders from the DOD EMALL using 128-bit encrypted email. The contractor agrees to purchase, install, and utilize the most recent version of PGP Personal software, or a comparable solution, for the purpose of decrypting order notification emails from the DOD EMALL. In addition, the DoD has established the External Certification Authority (ECA) program to support the issuance of DoD-approved certificates to contractors. The ECA program is designed to provide the mechanism for contractors to securely communicate with the DoD and authenticate to DoD Information Systems. The contractor agrees to purchase, install, maintain and use a DoD-approved ECA certificate. Information on obtaining an ECA certificate can be found at http://iase.disa.mil/pki/eca/certificate.html.

The contractor shall post updates on order delivery schedule and performance to the DOD EMALL in a timely manner.

The contractor shall track quantities and report total ordered quantity in DOD EMALL and approved DD 1155's by line item number each month and year-to-date. The report shall be due to the Contracting Officer by the fifth day of the following month. The contractor must track and report when total dollar value of all orders from both GPC purchases and DD 1155s exceed 75% of the combined Pre-Priced Line Item quantities.

INVOICING INSTRUCTIONS

The Contractor shall submit invoices monthly, unless otherwise approved, to the Contracting Officer for services performed. Payment will be based on invoices submitted by the Contractor for satisfactorily completed work. The contractor shall complete a Certificate of Conformance as shown below and submit it with each invoice.

Invoices will be processed for payment upon verification of work actually performed and (1) receipt of required contractor submittals and (2) a copy of a signed certificate of conformance. Invoices shall be submitted using Attachment 0200000-04. Invoices for indefinite quantity work shall be submitted with a copy of the task order(s) attached.

CERTIFICATE OF CONFORMANCE

I certify that on ______ [insert date], the ____ [insert Contractor's name] furnished the supplies or services called for by Contract No._____ in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements and are in the quantity shown on this or on the attached document.

Date of Execution: _____________________________ http://iase.disa.mil/pki/eca/certificate.html

Signature: _____________________________________

Title: _________________________________________

APPOINTMENT OF ORDERING OFFICER(S)

Ordering Officers under this contract are authorized by the Contracting Officer to execute delivery/task orders provided the total price for the delivery/task order does not exceed the individual Contracting Officer(s) warrant limitations. The Ordering Officers and their specific authority shall be stated in this contract or in an appointment letter.

MINIMUM AND MAXIMUM QUANTITIES (JUN 1994)

a. As referred to in paragraph (b) of the FAR 52.216-22, INDEFINITE QUANTITY clause, the contract minimum quantity is $2,000.00. Should the Government fail to place orders totaling the amount of the contract minimum quantity, the provisions of the FAR clause entitled "Termination for Convenience of the Government" shall apply to the unordered amount of the contract minimum quantity.

b. Only the base period of the contract will offer a minimum guarantee. The minimum guarantee is not applicable to any option periods exercised.

PROCEDURES FOR ISSUING ORDERS

a. Services to be furnished under this contract shall be furnished at such times as ordered by the issuance of task orders by the Ordering Officer designated by the Contracting Officer. All orders issued hereunder are subject to the terms and conditions of this contract. This contract shall control in the event of conflict with any order. A task order will be considered "issued" for the purpose of this contract at the time the Government deposits the order in the mail or, if transmitted by other means, when physically delivered to the Contractor.

b. Except in emergency situations, only a Contracting Officer may modify task/delivery orders. An Ordering Officer, when authorized by the designation official (Contracting Officer), may issue modifications to task/delivery orders only during an emergency. Modifications to task/delivery orders will be issued on a Standard Form (SF 30).

c. Task orders may be modified orally by the Ordering Officer in emergency circumstances. Oral modifications will be confirmed in writing by issuance of a SF 30 within two (2) working days from the time the oral direction is issued.

GOVERNMENT REPRESENTATIVES

The contract will be administered by an authorized representative of the Contracting Officer. In no event, however, will any understanding or agreement, modification, change order, or other matter deviating from the terms of the contract between the contractor and any person other than the Contracting Officer be effective or binding upon the Government, unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of this contract. The authorized representative is indicated hereinafter:

X (1) The Contracting Officer’s Representative (COR) will be designated by the Contracting Officer as the authorized representative of the Contracting Officer. The COR is responsible for monitoring performance and the technical management of the effort required hereunder, and should be contacted regarding questions or problems of a technical nature.

X (2) The designated Contract Specialist will be the Administrative Contracting Officer's representative on all other contract administrative matters. The Contract Specialist should be contacted regarding all matters pertaining to the contract or task/delivery orders.

(3) The designated Property Administrator is the Administrative Contracting Officer's representative on property matters. The Property Administrator should be contacted regarding all matters pertaining to property administration.

PAYMENT

a. The Government will base payment on invoices submitted by the Contractor for satisfactorily completed work. Payment will be subject to reduction for overpayments or increase of underpayments on preceding payments to the Contractor.

b. The obligation of the Government to make any of the payments required under any of the provisions of this contract will, in the discretion of the Contracting Officer, be subject to (1) reasonable deductions on account of defects in material or workership, and (2) any claims which the Government may have against the Contractor under this contract.

OFFICE OF THE CONTRACTOR

Maintain an office or place of business on the island of Oahu, Hawaii, manned during all regular working hours, and at any time whatsoever when work is in progress, equipped with telephone service at which toll-free or collect calls will be accepted for ordering work or any other purpose in connection with the work. Maintain an emergency telephone for other than regular working hours. Submit to the Contracting Officer the address and telephone number of the normal business office and emergency telephone number within fifteen calendar days after award of this contract and immediately after any changes.

RAPIDGATE PROGRAM

Commander, Navy Installations Command (CNIC) BASE ACCESS

Effective 05 July 2011, CNIC has implemented the option use of the RAPIDGate Program in accordance with CNIC-directed Navy Commercial Access Control System (NCACS) guidelines for all new and existing vendors, contractors, suppliers and service providers who are not authorized a Command Access Card (CAC). The RapidGate Program is intended to help maintain a safe and secure installation and offer a solution that will also provide streamlined credentialing for installation access.

Participants who choose to pay the annual RapidGate fee and participate in this access control program will be enrolled, vetted, credentialed and have their access privileges to CNIC installations electronically and regularly updated, verified, and documented upon each ingress at all CNIC perimeter entry control points. Those who choose not to participate in the program may request a traditional pass, but only one-day passes will be issued at the Pass and Identification (PID) Offices.

To enroll your company in the RAPIDGate Program, call the RAPIDGate Customer Service Team at 1-877-RAPIDGate (1-877-727-4342). If your company has been approved for enrollment and paid the enrollment fee, instruct your employees who need access to the base to register at the self-service registration station located at Joint Base Pearl Harbor-Hickam (JBPHH), the Wahiawa Annex, or West Loch Annex PID Offices. All prime contractors are responsible for their sub-contractors enrolling in the RAPIDGate Program.

Employees register at onsite registration stations located at JBPHH, the Wahiawa Annex, or West Loch Annex PID Offices. Each employee should be ready to provide your company’s RAPIDGate company code, his or her address, phone number, date of birth, and Social Security number. The Registration Station will capture the employee’s photograph for badging and fingerprints for identity verification.

The RAPIDGate Program performs background screening and credentialing. Once your company has approved each employee for participation and paid the registration fee, the RAPIDGate Program performs identity authentication and background screening. Your company will be notified when qualified employees may pick up their personalized RAPIDGate credentials at the PID Office where they registered. To retrieve a credential, each employee mush show proof of identity by presenting one form of identification from List A or two forms of identification from List B.

After activating their RAPIDGate credentials, employees present their credentials to request entry to the base and must wear and display the credentials at all times while on the installation.

List A – One Needed

- U.S. Passport (unexpired)

- Permanent Resident Card or Alien Registration Receipt Card (Form I-551)

- Unexpired foreign passport, with I-551 stamp or attached Form I-94 indicating unexpired employment authorization

- Unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, I- 688B) Or List B – Two Needed

- Driver’s license or ID card issued by a state

- ID Card issued by federal, state or local government agencies or entities

- School ID card with a photograph

- Voter’s registration card

- U.S. Military card or draft record

- Military Dependent’s ID card

- U.S. Coast Guard Merchant Mariner Card

- Native American tribal document

- Diver’s license issued by a Canadian government authority

- U.S. Social Security card issued by the Social Security Administration

- Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS-1350

- Original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States bearing an official seal

- U.S. Citizen ID Card (Form I-197)

- ID Card for use of Resident Citizen in the United States (Form I-179)

- Unexpired employment authorization document issued by DHS (other than those in List A)

The following have been deleted:

252.212-7000 Offeror Representations and Certifications- Commercial

Items

JUN 2005

252.212-7001 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Deviation)

DEC 2010

Annex 0200000

Replace Pages 4 and 5 with the attached Pages 4 and 5 Amendment No. 0002.

Annex 1800000

Replace Pages 3 through 5 with the attached Pages 3 through 5 Amendment No. 0002.

Section 1800000 - Environmental, DELIVERIES OR PERFORMANCE

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Table of Contents

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Attachment 0200000-05

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Attachment 0200000-06

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Attachment 0200000-07

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Attachment 0200000-08

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Attachment 0200000-09

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Attachment 0200000-10

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Attachment1800000-03

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Attachment 1

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(End of Summary of Changes)

14-13-2413 0200000 Page 4 of 9 Amendment No. 0002

0200000 - Management and Administration Spec Item Title Description be held at locations agreed to by the partners.

2.3.2.2 Contract Partnering

Administration Upon award, the ACO will contact the Contractor, supported command(s), Region, and Installation(s) stakeholders, and the performance assessment team to discuss implementation of partnering. The initial session must be scheduled as soon as possible after award of the contract. A partnership agreement, The Charter, should be in place as early as possible so issues arising, even before work begins, can be resolved using the issues resolution process.

Replacement of Core Management Team members (stakeholders who attended the initial session and manage the contract work day-to-day) is discouraged since it will disrupt the synergy that has been developed. If replacement of a team member proves to be unavoidable, a follow-on partnering session must be held to officially turn the responsibilities of the position over to the new member.

The Core Management Team consisting of the attendees below must be present during the initial and all follow-on partnering sessions.

These are the core mandatory attendees. Other stakeholders may attend if they desire or as recommended by the partners.

For more information concerning Partnering refer to NAVFACINST 11013.40, which can be viewed in the Government’s Contracts Office.

2.3.2.3 Contract Partnering

Session Attendees

The Contractor shall bring the necessary personnel to successfully partner on this contract. Asterisk indicates mandatory personnel.

President/Vice President *Contract/Project Manager *Supervisor/Superintendent *Quality Manager Safety Manager

2.3.3 Permits and Licenses The Contractor shall obtain all required permits, licenses, and authorizations to perform work under this contract and comply with all the applicable Federal, state and local laws and regulations. The Contractor shall submit copies of permits and licenses per Attachment.0200000-10, Deliverables.

2.3.4 Insurance The Contractor shall submit a Certificate of Insurance per Attachment 0200000-10, Deliverables, as evidence of the existence of the following insurance coverage in amounts not less than the amounts specified below. This insurance must be maintained during the performance period.

2.3.4.1 Certificate of Insurance The Certificate of Insurance shall provide for at least 30 calendar days written notice to the KO by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned insurance clause.

2.3.4.2 Minimum Insurance

Amounts

The Contractor shall procure and maintain, during the entire period of performance under this contract, the following minimum insurance coverage:

Ensure insurance amounts are current.

Comprehensive General Liability: $500,000 per occurrence

Automobile Liability: $200,000 per person, $500,000 per occurrence, $20,000 per occurrence for property damage

0200000 Page 5 of 9 Amendment No. 0002

0200000 - Management and Administration

Workmen's Compensation: As required by Federal and state worker's compensation and occupational disease statutes

Employer's Liability coverage: $100,000, except in states where worker's compensation may not be written by private carriers

Other as required by state law.

2.3.5 Protection of Government

Property

During execution of the work, the Contractor shall protect Government property. The Contractor shall return areas damaged as a result of negligence under this contract to their original condition at no cost to the Government.

2.4 Government-Furnished

Property, Materials and Services

2.4.1 Government-Furnished

Facilities (GFF)

None.

2.4.2 Government-Furnished

Utilities

None

2.4.3 Government-Furnished

Materials (GFM)

None.

2.4.4 Government-Furnished

Equipment (GFE)

None.

2.5 Contractor-Furnished

Items

Except for items identified as Government Furnished, the Contractor shall provide all equipment, materials, parts, supplies, components, and facilities to perform the requirements of this contract. The KO may inspect Contractor-furnished items for adequacy and compliance with contract requirements. Inadequate or unsafe items shall be removed and replaced by the Contractor at no cost to the Government.

2.6 Management The Contractor shall manage the total work effort associated with the services required herein to meet the performance objectives and standards. Such management includes but is not limited to planning, scheduling, cost accounting, report preparation, establishing and maintaining records, and quality assurance. The Contractor shall provide a staff with the necessary management expertise to ensure performance objectives and standards are met.

2.6.1 Work Control The Contractor shall implement all necessary work control procedures to ensure timely accomplishment of work requirements, as well as to permit tracking and reporting of work in progress. The Contractor shall plan and schedule work to assure material, labor, and equipment are available to complete work requirements within the specified time limits and in conformance with the quality standards established herein.

2.6.2 Deliverables Records and reports are specified in the annexes and listed in the Attachment 0200000-10, Deliverables. The Contractor shall submit accurate and complete documents within the required timeframes as specified herein and required by the applicable permit.

2.7 Personnel Requirements The Contractor shall comply with the personnel requirements stated below.

2.7.1 Employee Requirements The Contractor shall provide experienced, qualified, and capable personnel to perform the work in this contract. Personnel shall be fully knowledgeable of all safety, environmental, and energy

1800000 Page 3 of 8 Amendment No. 0002

1800000 – Environmental

2 Management and

Administration

2.1 Definitions and Acronyms Definitions and Acronyms are listed in Attachment 0200000-01.

2.2 Personnel The Contractor shall provide personnel with the training, qualifications, technical knowledge, experience and skills required for efficient operations within the environmental function.

2.2.1 Certification, Training, and

Licensing

Within 15 calendar days after award and annually thereafter, the Contractor shall provide a written training plan and documentation of training for all personnel to demonstrate technical proficiency per Attachment 0200000-10, Deliverables. Demonstration of proficiency must take place within established guidelines that are documented in applicable regulations, policies, methods, instructions and Laboratory Quality Assurance Manual. Proficiency Testing (PT) shall be required once PT samples are available and shall be performed semi-annually with results provided 15 calendar days after award/semi-annually. Response letters in the event of PT failure shall be submitted within 12 calendar days of notification of failure. Personnel performing Whole Effluent Toxicity (WET) Chronic Toxicity testing as specified in "TROPICAL COLLECTOR URCHIN, Tripneustes gratilla, FERTILIZATION TEST METHOD" (EPA/600/R-12/022) shall be properly trained (to include initial and continuing demonstrations of capability).

2.3 Special Requirements Requirement for immediate notification in the case of failure of any test sample is described in the following paragraphs under Laboratory Services.

2.3.1 Laboratory Accreditation and

Certification

Only laboratories that have appropriate credentials can perform testing. The laboratory shall hold US EPA approval or current NELAP accreditation for the performance of WET Chronic Toxicity testing by this method (or previous draft method "Hawaiian Collector Urchin, Trypneustes gratilla (hawa'e) Fertilization Test Method".

2.3.2 Environmental Compliance The Contractor shall perform environmental services to support the installation’s environmental programs to ensure compliance with applicable Federal, state and local statutes and regulations, and with DoD and Navy policies, instructions and guidance.

The Contractor shall comply with all Federal, state and local statutes and regulations, and with DoD and Navy policies, instructions and guidance such as those listed in the References and Technical Documents in Attachment 0200000-02.

If environmental related procedures or operations are found to be out of compliance the Contractor shall immediately notify the KO and the Installation Environmental Program Manager with recommendations for appropriate action.

Regulatory compliance and adherence to policies, instructions and guidance, may be determined by planned sampling, validated customer complaints and documented citations if applicable.

All deficiencies noted in internal compliance inspection corrected

1800000 Page 4 of 8 Amendment No. 0002

1800000 – Environmental Spec Item Title Description in a timely manner.

2.3.2.1 Laboratory Services The Contractor shall provide environmental laboratory services to ensure compliance oversight at the installation.

The Contractor shall comply with Federal, state and local statutes and regulations, EPA and State issued permits (Attachments 1800000-01 through 03), and with DoD and Navy policies, instructions and guidance.

The Contractor shall dispose of all excess sample material in accordance with applicable Federal and state requirements.

2.3.2.1.1 Laboratory Services and

Reporting Requirements

The Contractor shall provide laboratory services to ensure the installation complies with NPDES permits. The Government will provide a minimum of 48 hours advance notice prior to placing an order.

The Contractor shall provide acceptable sample containers for collection of samples before samples are scheduled to be submitted.

The Contractor shall provide Laboratory Analysis Reports in accordance with the applicable permits (Attachments 1800000-01 through 03) and approved method. Chain-of-custodies and all raw data, including QC data, shall be included in the data package submitted with the report for data validation and review.

The laboratory performing the work shall be indicated in the final report and all non-NELAP accredited work shall be clearly identified.

Data shall be qualified in accordance with EPA Data Quality Objectives (DQO).

Samples are analyzed and results are reported within the time specified. All raw data and QC data shall be included in the data package. If either the reference toxicant tests or the effluent tests do not meet all test acceptability criteria as specified in the test methods manual, or toxicity is detected, results shall be immediately reported to the Government activity placing the order (POC on the Chain-of-custody) via phone, e-mail or fax. This "verbal notification" is in addition to the final written report data package.

2.3.2.2 Transportation of samples

including Hazardous Materials/Hazardous Waste/Other Regulated Waste

(HM/HW/ORW)

The Contractor shall provide sample transportation services to include transportation of HM/HW/ORW to ensure the installation complies with Federal, state and local statutes and regulations, and with DoD and Navy policies, instructions and guidance.

The contractor shall pick up the samples from the Government activity placing the order (POC on the Chain-of-custody) and properly package and deliver samples to the designated laboratory or the Government may choose to deliver the samples to the Contractor’s facility if located on Oahu, Hawaii.

The contractor shall provide proper paperwork, and all necessary

1800000 Page 5 of 8 Amendment No. 0002

1800000 – Environmental Spec Item Title Description materials prior to transporting samples, including HM samples.

(e.g., bills of lading , declaration of dangerous goods (as required), proper shipping containers, labels and markings, etc.)

HW disposal complies with Federal, state and local statutes and regulations, and with DoD and Navy policies, instructions and guidance.

2.3.2.3 Oil and Hazardous Substance

Spill Response and Cleanup Ashore

The Contractor shall provide oil and hazardous substance (OHS) spill response and cleanup to minimize damage to property or risk of human exposure and to ensure the installation complies with Federal, state and local statutes and regulations, and with DoD and Navy policies, instructions and guidance.

The Contractor shall comply with all oil and hazardous substance spill response and cleanup Federal, state and local statutes and regulations, and with DoD and Navy policies, instructions and guidance, including OPNAVINST 5090.1, DoD Instruction 4715.4, DoD Publication 4715.5-G, Installation or Region Integrated Response Plan (IRP).

2.3.2.3.1 Oil and Hazardous Substance

Spill Containment

The Contractor shall contain spills to minimize damage to property and risk of human exposure, and to ensure the installation complies with Federal, state and local statutes and regulations, and with DoD and Navy policies, instructions and guidance.

The Contractor shall coordinate with the installation’s Oil and Hazardous Substance Spill Response Coordinator.

The Contractor is on-site and works continuously until the spill is contained.

A spill assessment is provided to the installation’s Oil and Hazardous Substance Spill Response Coordinator within 30 minutes.

2.3.2.3.2 Oil and Hazardous Substance

Spill Cleanup and Disposal

The Contractor shall clean up spills to minimize damage to property or risk of human exposure and to ensure the installation complies with Federal, state and local statutes and regulations, and with DoD and Navy policies, instructions and guidance.

Spilled materials are recycled if recycling cost is no more than 10% greater than the cost of disposal.

2.3.2.3.3 Oil and Hazardous Substance

Spill Reporting and Documentation

The Contractor shall provide spill response documentation to ensure the installation complies with Federal, state and local statutes and regulations, and with DoD and Navy policies, instructions and guidance.

The Contractor shall provide required documentation such as spill location, time of spill, spill source, severity and type of spill, responding actions, and test results to the installation for submission to the state and/or local agencies. Spill Documentation shall be submitted per Attachment 0200000-10, Deliverables.

Spill response documentation is provided to the installation within five working days after cleanup is complete.

TOC Page 1 of 1 Amendment No. 0002

DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

TABLE OF CONTENTS

ATTACHMENT NUMBER

ATTACHMENT TITLE

0200000-01 Definitions and Acronyms 0200000-02 References and Technical Documents 0200000-03 Wage Determinations 0200000-04 Sample Invoice Form

0200000-05 through 09 Exhibit Line Item Numbers 0200000-10 Deliverables 1800000-01 NPDES Permit (Ft Kam) 1800000-02 NPDES Permit (MCBH) 1800000-03 NPDES Permit (PHNSY)

0200000-05 Page 1 of 3 Amendment No. 0002

ELIN Product Name…