Combined_Synopsis_Solicitation_19Q0063.docx

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both FEDBIZOPPS and NECO (http://www.neco.navy.mil/).

The RFQ number is N6264919Q0063. This solicitation documents and incorporates provisions and clauses in effect through FAC 2005-95 and DFARS Publication Notice 20161222. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The NAICS code is 562211, for Waste Water Purification Services. This is a competitive, unrestricted action among sources duly authorized to operate and do business in JAPAN. Offerors may be required to submit additional documentation demonstrating their ability to perform in Japan prior to award.

It is the quoter’s responsibility to ensure all electronic media are readable by the Government.

All Contract Line Item Numbers (CLINs) shall have a firm-fixed unit price and total price.

Quotation for this RFQ must be on an “All or NONE” basis. Partial or incomplete quotations are ineligible for award.

The NAVSUP, Fleet Logistics Center (FLC), Yokosuka, Contracting Department requests responses from qualified sources capable of providing:

CLIN 0001 – OILY WASTE WATER PURIFICATION SERVICES

See below PWS for detail.

QTY 89 Days x @ ¥ or $_____________= ¥ or $_______________

CLIN 0002 – TUG BOAT SERVICE

Deliver one oil/chemical separating barge

QTY 1 Time x @ ¥ or $_____________= ¥ or $_______________

CLIN 0003 – SAMPLING AND ANALYSIS

Sampling and Testing of Effluent.

QTY 1 Lot x @ ¥ or $_____________= ¥ or $_______________

CLIN 0004 – SHIFT BARGE

QTY 1 Time x @ ¥ or $_____________= ¥ or $_______________

Total Amount ¥ or $_______________

PERFORMANCE WORK STATEMENT (PWS)

Oily/Chemical Waste Water Purification Service To support Tank Work on USS RONALD REAGAN (CVN-76).

1.1 Regulations and References Applicable to Waste Water Purify Service

The Contractor shall provide waste water purification services in accordance with applicable Government of Japan national and prefectural environmental laws and regulations consistent with the Japan Environmental Governing Standards (see chapter 4 wastewater).

1.1.1 The Government shall provide copies of all applicable regulations and references not readily available to the Contractor.

1.2 General Requirements

1.2.1 The Contractor shall have all required training, qualifications, valid licenses, permits and authorizations required under Government of Japan law for the contracted activities specified herein, to include the treatment and handling of Oily Waste Water (OWW) and the collection, transportation and disposition of used oil fuel for recycling and/or energy recovery. Additionally, the Contractor shall have all required transportation and disposal licenses for industrial waste generated from OWW treatment operations.

1.2.2 The Contractor shall furnish all labor, tools, materials, equipment, facilities, transportation and other items necessary to provide the waste water purify system for U.S. Naval Ship Repair Facility and Japan Reginal Maintenance Center (SRF-JRMC), unless otherwise specified herein.

1.2.3 The Contractor shall be responsible to have all equipment and spill response supplies on-site to cleanup spills and releases caused during the performance of work. Additionally, if the cleanup is accomplished with Government assets, the Contractor shall reimburse the Government for all disposal, barge/tank cleaning, labor and spill supply costs.

1.2.4 This procurement is for a Waste Water Purifying Barge System for CVN-76 at Berth #12. The Contractor shall provide waste water purifying services to collect, separate and purify remaining oil, flush water and bilge (including chemically treated water to be disposed) from the CVN-76. This requirement is also for the arrangement of the bilge transfer piping between the oil separating barge and the shore riser connection. Collecting water/oil shall be purified and water must be able to be discharged to the sea in accordance with 1.1 listed above.

1.3 Specifications

1.3.1 Specifications for Oil Separating Barge:

a) Provide one (1) 200,000 gallon capacity oil separating barge. Barge must include one (1) receiving tank, one (1) oil collection tank, and a minimum of three (3) settling tanks.

b) Contractor shall provide one (1) oil separating barge with a waste water purify system. The barge should have a minimum capacity of 200,000 gallons. The barge must have sufficient sludge storage capacity to allow continuous operations while awaiting sludge removal.

c) The purify system shall be available and ready to use on a 24-hour-a-day basis during the period of performance (POP) as stated herein. Contractor shall also provide 24 hour a day monitoring of the purifying system.

d) The purifying system shall purify and flush the bilge/chemically treated water in the manner described herein and in accordance with 1.1 and 1.2 listed above.

e) The stability of the oil separating barge must be maintained at all times.

f) The Contractor shall maintain the capability to safely transverse from the barge to the pier when required.

1.3.2 Specifications for Water Purification:

a) When settling occurs in the barge, the waste water will contain oil-mixed chemical detergents, aqueous film forming foam (AFFF) liquids and other contamination. The Contractor shall purify the wastewater to satisfy parameters and effluent limits in Section 1.3.7 herein. If AFFF is generated shipboard, SRF and Ships Force will be responsible for storing AFFF shipboard or in a pier side temporary storage tank supplied by SRF. Contractor will not be required to handle, store, treat, or dispose of AFFF generated during the period of performance.

b) The minimum capacity for the water purification system will be fifty (50) cubic meters /hour and 1,200 cubic meters/day.

c) The minimum capacity for chemical water purify system will be twenty (20) cubic meters/hour and 480 cubic meters/day. The chemical water purify system shall have an upward flow removable and continuous filter system in order to purify contaminated chemical detergent and/or AFFF liquid in accordance with Section 1.3.7 herein.

d) Contractor shall ensure that any sludge which has settled in the barge and any associated filters is disposed in accordance with Section 1.3.4 herein.

e) All purify work shall be controlled by an authorized Environmental Pollution Preventive Controller (Kogai Boshi Kanrisha).

f) The treatment shall result in cleaned water effluent with no color that changes the color of the receiving water.

g) The treatment shall result in cleaned water effluent that does not contain any odor that changes the odor of the receiving water.

1.3.3 Specifications for Used Oil Fuel Recycling:

a) Contractor shall collect remaining oily fuel from Oil Collecting Tank (#4 Receiving tank).

b) Contractor shall separate used oil fuel and ensure it is recycled outside CFAY.

c) Contractor shall recycle used oil fuel at no additional cost to the Government.

d) The Contractor shall provide the SRF-JRMC Environmental Support Services Branch Recycling Manager, Contact DSN 243-2744 or commercial phone 046-816-2744 with a signed and/or stamped Recycle Certificate, Receipt Letter or Manifest from the Used Oil fuel Recycle company or Facility from outside CFAY.

e) The contractor shall pay all fees, charges, taxes and customs duties associated with the recycling of the Used Oil Fuel.

1.3.4 Specifications for Sludge and Filters disposal:

a) Contractor shall contact C106.3 and request the Government to sample and analyze sludge and filters.

b) The Contractor shall arrange for transfer of waste sludge and filters generated from barge treatment operations to CFAY for disposal.

1.3.5 Oil Spillage and Contingency Plan:

a) In the event of an oil spillage in the sea involving the Contractor, the Contractor shall take immediate action and measures to control and clean-up the oil spill.

b) The Contractor shall monitor shore Riser connection of portable pumps, hoses and the barge one time prior to, one time after completion of, and continually during the pumping, to ensure transferred liquids are not inadvertently spilled or overflow into the water surrounding the ship.

c) If an oil spill occurs; the Contractor shall take immediate action in accordance with all requirements of 1.1 and the Contractor’s Site-Specific Emergency Response Plan.

d) Upon receipt of the award information, the Contractor shall submit its Site-Specific Emergency Response Plan immediately. This plan is for the performance of actions when an oil spill occurs.

e) The Contractor shall maintain the capability to immediately deploy a floating oil containment boom when transferring oily waste products. The oil containment boom must have sufficient length to encompass the contractor barge.

1.3.6 Requirements for Barge Shifting:

a) In case of ship’s sea trial or another pertinent situation, the Contractor shall disconnect the bilge transfer piping from the barge and shore riser at designated piers. The Contractor shall return the barge to the Contractor’s plant or the nearest mooring point from the place of performance. Before disconnection, the Contractor shall thoroughly flush the bilge transfer piping.

b) The Contractor shall deliver the same barge to the place of performance within a reasonable time prior to ship’s arrival. The Contractor shall connect the bilge transfer piping to the barge after ship’s arrival.

1.3.7 Environmental Protection Performance Requirements:

a) The Contractor shall notify C106.3 Environmental Ship POCs regarding a predetermined date/time to observe that the barge does not contain wastewater and sludge prior to work operation with the Government.

b) The Contractor shall conduct one-time sampling and analysis of effluent during service to the Government from each treatment barge as shown in tables E1 and E2. The Government may direct the Contractor to conduct the one-time sampling and analysis (tables E1 and E2) at any time during this contract. Additionally, the Contractor shall conduct monthly sampling and analysis of effluent during service to the Government from each treatment barge that operates continuously for over one month in service to the Government as shown in table E1. The contractor shall coordinate with SRF-JRMC Code C106.3 Environmental Ship POCs to observe the Contractor’s effluent sampling. The sampling and analysis shall be conducted in a laboratory that is certified by the Japanese regulatory authority for the applicable Japanese Industrial Standard (JIS) test method. The Contractor shall sample and analyze treated wastewater effluent to ensure that the following parameters and limits and all applicable laws and regulations are met and provide copies of the monitoring analysis results to the SRF-JRMC Code C106.3 Wastewater Program Manager located at Bldg. A-40, DSN 243-3071 or commercial phone 046-816-3071within five (5) working days of receiving results from accredited Japanese laboratory. The Contractor shall provide the SRF-JRMC Environmental Wastewater Program Manager with a monthly Oily Wastewater Treatment Report including the names of Government Activities serviced during the reporting month and volume/gallons treated or collected.

TABLE E1

TABLE E2

Daily Average: 20 One-time

Daily Average: 60 One-time

Daily Average: 8 One-time

Sum of ammonia,-N X 0.4, nitrate-N and nitrite-N One-time

Performance Period: 3/1/2019 – 5/28/2019 (24hr support), Total 89 days

Location: SRF Yokosuka Berth #12

Ship: USS RONALD REAGAN (CVN-76)

ICN/KO: 3876D99203 S01

SRF Service Work:

a) X-99: Provide shore utility services.

b) C740: Provide land crane services.

c) C-106.3: Coordinate sampling/analysis of cleaned water treated by the contractor’s barge.

Technical Point of Contact (TPOC): TBD

Financial Point of Contract (FPOC): TBD

(End of SOW)

PERFORMANCE BASED SERVICE CONTRACT (PBSC)

The Government acquires the services through this contract based on PBSC concept. Quality Assurance Surveillance Plan (QASP) is described below.

Quality Assurance Surveillance Plan (QASP) for Water Purification Service

a. Objective This QASP has been developed to the Government in providing effective and systematic surveillance for the water purification services contract. The QASP provides the methodology by which Contractor’s performance will be monitored by the Technical Point of Contact (TPOC) to determine compliance with standard performance objectives. The contract performance objectives, assessment methods, performance standards, and acceptable quality level are described below in further detail.

The TPOC will inspect and evaluate contractor’s performance for each evaluation area and submit “Contractor’s Performance Evaluation Sheet” (see Attachment 1) to the Contracting Officer.

b. Method of Surveillance Surveillance of Contractor performance in the method will be used by the Government to determine whether the Contractor is effectively and efficiently complying with all terms and conditions of the contract. The following surveillance methods shall be used:

c. Evaluation and Rating The TPOC will rate and report the Contractor’s performance by using the form of “Contractor’s Performance Evaluation Sheet” (Attachment (I)) and submit to the Contracting Officer. In case any inconsistency or deficiency is found, the TPOC will record it on the form and attach any related document to the form. The Government will rate the Contractor’s performance using the following adjectival ratings:

EXCEPTIONAL (E): The services performed by the Contractor are considered to have exceeded the performance standards described above and demonstrate a good probability of success without any problems during the remaining period of the contract.

VERY GOOD (VG): The services performed by the Contractor are considered to have satisfied the performance standards described above and demonstrate a good probability of success during the remaining period of the contract. Even if the Contractor had minor problems on its performance, the Contractor has demonstrated that it could correct such problems without any damage to the Government.

SATISFACTORY (S): The Contractor’s performance is considered to have substantially met the stated performance standards described above and demonstrates a good probability of success during the remaining period of the contract. Even if the Contractor had minor problems on its performance, the Contractor has demonstrated that it could correct such problems with minimal damage to the Government. Although some minor inconsistency or weakness exists, it can be readily corrected.

MARGINAL (M): The Contractor’s performance is considered to have partially failed meeting the stated performance standards, and the response to correct the deficiency was marginal. That is, a substantial number of the Contractor’s record responses “good,” but a deficiency or weakness exists, and it/they may be susceptible or correction through the exchange of information. There is marginal probability of success during the remaining period of the contract.

UNSATISFACTORY (U): The Contractor failed meeting one or more of the stated performance standards, and failure was considered “major.” Even if the failure was minor, the Contractor did not or could not correct the deficiency properly and/or if adversely affected the Government operation. In such a case, probability to success during the remaining period of the contract is minimal unless a proper corrective action is made.

In case the Contractor’s performance is rated either “Marginal” or “Unsatisfactory”, the Contractor shall take a corrective action(s) to all deficiencies identified 30 days.

Note: TPOC will assess the overall rating based on all the three (3) performance standards above with comments. All three (3) factors are equally important and the comment from TOOC is mandatory.

d. Record of Evaluation The Contracting Officer will maintain a complete QASP file. All records will be retained and considered when deciding if it is in the best interest of the Government to exercise an option to extend the term of the contract or enter into a new contract.

INSPECTION AND ACCEPTANCE Inspection and acceptance of the services delivered will be made by the following:

U. S. Naval Ship Repair Facility and Japan Regional Maintenance Center, Japan (SRF-JRMC) or its duly authorized Representatives.

Upon completion of the contract work, the Contractor will furnish documentation, such as a delivery ticket, immediately following completion of the contract work. The Government will use this documentation to accept services rendered. The Contractor will furnish a copy of the signed acceptance document with its payment requests.

LIST OF ATTACHMENTS

CONTRACT ADMINISTRATION

Contract Administration Appointments and Duties: In order to expedite administration of this contract/order, the following delineation of duties is provided including the names, addresses and phone numbers for each individual or office as specified. The individual/position designated as having responsibility should be contacted for any questions, clarifications or information regarding the functions assigned.

(a) Procuring Contracting Officer (PCO) is responsible for:

0. Solicitation information/questions;

0. All pre-award information, questions, or data;

0. Freedom of information inquiries;

0. Change/question/information regarding the scope, terms or conditions of the basic contract document; and/or

0. Arranging the post award conference (See FAR 42.503-1).

(Contracting Dept.) Box 11 1 banchi, Tomari-cho, Yokosuka-shi 238-0001 Tel: (046) 816-8408 Fax: (046) 825-7298

1. Contract Administration Office (CAO), which is the same as the PCO above, is responsible for matters specified in FAR 42.302 and DFARS 243.302 except in those areas otherwise designated herein.

OTHERS:

It is emphasized that only the PCO has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract between the contractor and any other person be effective or binding on the Government. When/if, in the opinion of the Contractor, an effort outside the existing scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action must be taken unless the PCO has issued a contractual change.

When, in the opinion of the Contractor, the Contractor requests effort outside the existing scope of the contract (or delivery order), 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 delivery order) or has otherwise resolved the issue.

EFT (Payment by JPY): The Contractor must agree to receive payment by EFT. Transaction fee (currently ¥735) will be deducted by the Financial Institution (Bank of America) making payment.

Invoice Instructions: The Contractor shall submit an invoice in accordance with DFARS 252.232-7003 and 252.232-7006 via WAWF.

Designated Payment Office: Payment will be made by the following office:

Defense Finance and Accounting Service Bldg. 206 Unit 5220 Code JRLG Yokota Air Base Fussa-shi, 197-0001 Japan

The following FAR provisions and clauses are applicable to this procurement:

52.202-1, Definitions;

52.203-3, Gratuities;

52.204-7, System for Award Management;

52.204-13, System for Award Management Maintenance;

52.204-22, Alternative Line Item Proposal 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation;

52.212-1, Instructions to Offerors - Commercial Items;

52.212-4, Contract Terms and Conditions - Commercial Items;

52.225-14, Inconsistency between English Version and Translation of Contract;

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

52.229-6, Taxes--Foreign Fixed-Price Contracts;

52.232-39, Unenforceability of Unauthorized Obligations;

52.232-40, Providing Accelerated Payments to Small Business Subcontractors;

52.247-34, F.O.B. Destination;

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-2, Evaluation--Commercial Items (Oct 2014):

1. Narrative: The Government will enter into a fixed-price contract for Oil Waste Water Purification Services for USS Ronald Reagan (CVN-76), to a responsible quoter whose quotes conforming to the solicitation will be the Lowest Price Technically Acceptable (LPTA). To be eligible for award, quoters’ technical quote must be determined acceptable based on the evaluation provisions set forth in the solicitation as well as the evaluation procedures described below.

2. Evaluation Factors for Award

A. Award (Lowest Price Technically Acceptable Evaluation)

In accordance with FAR 52.212-2, Evaluation – Commercial Items (Oct 2014), the contract resulting from this solicitation will be awarded to the responsible quoter submitting a technically acceptable quote with the lowest quoted price.

B. Evaluation Process

Quotations will be evaluated against all requirements of the Request for Quotations (RFQ). This will include conformance to terms and conditions, and complete submission of all technical and price quote required by the provision in the solicitation.

C. Evaluation of Technical Quotations

The Quoter is required to submit a technical quote based on the PWS described in the solicitation. The technical quote shall include, but not limited to, the following:

A statement, no more than 5 pages long, outlining and discussing the technical approach to prove the quoter completely understands and can perform the requirement in accordance with PWS. At minimum, statement needs to demonstrate the quoter possess the technical knowledge necessary to perform the work.

The Government (i.e., the technical personnel of SRF) will evaluate the quoter’s technical package based on the information submitted in response to the provision entitled “Submission of Quotes” and determine as follows;

The Government technical personnel will evaluate the information submitted by the quoter and ensure the offered information is sufficient to meet the requirements.

(i) Quoter demonstrates the process of work to meet the requirements.

(i) Quoter does not demonstrate the process of work to meet the requirements.

After the technical evaluation is completed, the requiring activity will immediately submit a summary report for the evaluation result to the Contracting Officer. The quote whose technical quote was rated “unacceptable” will not be further considered for award and will be excluded from competition or the competitive range.

D. Evaluation of Price

The price(s) quoted in response to the solicitation will be evaluated through price analysis.

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u)) of this provision.

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

“Forced or indentured child labor” means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“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 criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

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

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It […