N6945024Q0002.pdf
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- Solicitation number
- N6945024Q0002
About this file
This is a solicitation for integrated solid waste management services at Naval Air Station Pensacola, Florida, Naval Air Station Whiting Field, Florida, and outlying areas. The services include all labor, management, supervision, tools, materials, and equipment required to perform integrated solid waste management. The contract will be a facilities support indefinite-quantity contract with recurring work priced at firm-fixed-price and non-recurring work priced at indefinite-delivery indefinite-quantity. The period of performance for the base period is April 1, 2024 through March 31, 2025, with four one-year option periods. Pricing is structured into 12 contract line item numbers covering the base period and option periods. Offerors must complete an exhibit line item pricing attachment and ensure the total of each tab equals the corresponding contract line item number value. The solicitation is set aside for small businesses and identifies corporate experience, safety, and past performance as evaluation factors.
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SEE ADDENDUM
(No Collect Calls)
N6945024Q0002 20-Dec-2023
b. TELEPHONE NUMBER
904-542-6640
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 22 Jan 2024
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
N694509. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
ASHLEY DELAHAY
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
NAVFAC ENGINEERING SYSTEMS COMMAND SE
FSC-BOS
BUILDING 903, PO BOX 30
JACKSONVILLE FL 32212-0030
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
904-542-6942FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$47,000,000
NAICS:
562111
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF59
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
N6945024Q0002
Section SF 1449 - CONTINUATION SHEET
TYPE OF CONTRACT
Award of this solicitation will result in a facilities support indefinite-quantity contract with recurring work / firm fixed price (FFP) and non-recurring work / indefinite-delivery indefinite-quantity (IDIQ) provisions.
SERVICE REQUIREMENTS
The outcome to be achieved is a purchase order for ongoing services under Sub-annex 1503030 Integrated Solid Waste Management (ISWM) Services at Naval Air Station (NAS) Pensacola, NAS Whiting Field, and outlying areas with NAS Pensacola and NAS Whiting Field Area of Repsonsibility (AOR). The Contractor shall provide all labor, management, supervision, tools, materials, and equipment required to perform these ISWM. The outcomes for this acquisition are consistent with the Federal Acquisition Regulation (FAR) 37.101 definition of service contracts.
COMPETITION ENVIRONMENT
This contract is solicited as a small business total set-aside.
NAICS CODE
The NAICS code is 562111, Solid Waste Collection.
PRIOR CONTRACT INFORMATION
The contract issued as a result of this solicitation will replace contract N6945019D1716, which is due to expire on 31 March 2024. The following information applies to that contract. No assurances are made that workload and volume of future effort and costs will replicate past experience. This information is provided merely for informational purposes:
Mark Dunning Industries, Inc.
100 Racetrack Road Dothan, AL 36303
Period of Performance Total Base 1 Apr 2019 – 31 Mar 2020 $959,247.64 Option Period 1 1 Apr 2020 – 31 Mar 2021 $1,966,282.84 Option Period 2 1 Apr 2021 – 31 Mar 2022 $977,500.68 Option Period 3 1 Apr 2022 – 31 Mar 2023 $988,363.20 Option Period 4 1 Apr 2023 – 31 Mar 2024 $994,635.36 Total $5,886,029.72
PRICING OF CLINS
The contract pricing is structured into 12 Contract Line Item Numbers (CLINs). The base period is covered by CLINs 0001 and 0002. Each of the four one-year option periods is likewise covered by two CLINs. The FFP/recurring work base period requirement and the overall guaranteed minimum for the contract is CLIN 0001.
CLINs 0003, 0005, 0007, 0009 and 0011 account for the recurring work requirements in each option period. CLINs 0002, 0004, 0006, 0008, 0010 and 0012 contain non-recurring work requirements that are pre-priced as part of your offer.
The CLINs are supported by Exhibit Line Item Numbers (ELINs). Before pricing the CLINs, complete the ELIN Attachment Excel spreadsheet. Submit the completed ELIN spreadsheet electronically with your quote in Excel (Microsoft Office version 2016 compatible) format. The spreadsheet contains 12 tabs of ELINs, each corresponding to a CLIN, which must be completed. The tabs are identified, for example, as: “CLIN 0001 – Base RW”, “CLIN
0002 – Base N-RW”, “CLIN 0003 – 1st Option RW”, “CLIN 0004 – 1st Option N-RW”, etc. ELINs with prefix “A” support the Base Period, ELINs with prefix “B” support Option Period 1, ELINs with prefix “C” support Option Period 2, ELINs with prefix “D” support Option Period 3, ELINs with prefix “E” support Option Period 4, and ELINs with prefix “F” support the FAR 52.217-8 Option Period pricing. Therefore, the total of ELINs A001 through A017 will be the amount you should enter in CLIN 0001. The total of A700 through A708 will be the amount you should enter in CLIN 0002. The total of B001 through B017 will be the amount you should enter in CLIN 0003. The total of B700 through B708 will be the amount you should enter in CLIN 0004 etc.. Continue pricing accordingly and make sure that the total of each tab of ELINs is equal to its corresponding CLIN value entered. The total of all ELINs should equal the total of CLINs 0001 through 0012.
MAX NTE AND MIN GUARANTEE
The maximum not to exceed (NTE) value of an ordering period is the total of all the CLINs in that ordering period.
The maximum or NTE value of the contract is the total value of all CLINs in the Schedule. Orders shall not be made that exceed the maximum NTE value for any ordering period. The maximum NTE value of an ordering period and of the contract may be increased by written modification to the contract in conjunction with any modification that increases the value of an existing task order that is authorized by a contract clause. Orders in excess of the estimated quantity set forth for any particular CLIN shall not be exceeded without the Contractor’s agreement which shall be indicated by signing or beginning performance of the order.
Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate the contract minimum guarantee for:
CLIN 0001, Base Period Recurring Work;
Minimum guarantees do not apply to the option periods
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 UNDEFINED Each Base Period Recurring
FFP
Recurring Integrated Solid Waste Management Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for Exhibit Line Item Numbers (ELINs)/Sub-ELINs A001 through A017 from attachment J-0200000-09, worksheet tab - CLIN 0001 - Base RW.
Note: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
FOB: Destination
PSC CD: S205
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 UNDEFINED Each Base Period Non-Recurring
FFP
Non-recurring Integrated Solid Waste Management Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for Exhibit Line Item Numbers (ELINs)/Sub-ELINs A700 through A708 from attachment J-0200000-09, worksheet tab – CLIN 0002 - Base N-RW.
Note: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0003 UNDEFINED Each OPTION Option Period 1 Recurring
FFP
Recurring Integrated Solid Waste Management Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for Exhibit Line Item Numbers (ELINs)/Sub-ELINs B001 through B017 from attachment J-0200000-09, worksheet tab – CLIN 0003 - 1st Option RW.
Note: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0004 UNDEFINED Each OPTION Option Period 1 Non-Recurring
FFP
Non-recurring Integrated Solid Waste Management Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for Exhibit Line Item Numbers (ELINs)/Sub-ELINs B700 through B708 from attachment J-0200000-09, worksheet tab – CLIN 0004 - 1st Option N-RW.
Note: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0005 UNDEFINED Each OPTION Option Period 2 Recurring
FFP
Recurring Integrated Solid Waste Management Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for Exhibit Line Item Numbers (ELINs)/Sub-ELINs C001 through C017 from attachment J-0200000-09, worksheet tab – CLIN 0005 - 2nd Option RW.
Note: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0006 UNDEFINED Each OPTION Option Period 2 Non-Recurring
FFP
Non-recurring Integrated Solid Waste Management Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for Exhibit Line Item Numbers (ELINs)/Sub-ELINs C700 through C708 from attachment J-0200000-09, worksheet tab – CLIN 0006 - 2nd Option N-RW.
Note: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0007 UNDEFINED Each OPTION Option Period 3 Recurring
FFP
Recurring Integrated Solid Waste Management Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for Exhibit Line Item Numbers (ELINs)/Sub-ELINs D001 through D017 from attachment J-0200000-09, worksheet tab – CLIN 0007 - 3rd Option RW.
Note: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0008 UNDEFINED Each OPTION Option Period 3 Non-Recurring
FFP
Non-recurring Integrated Solid Waste Management Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for Exhibit Line Item Numbers (ELINs)/Sub-ELINs D700 through D708 from attachment J-0200000-09, worksheet tab – CLIN 0008 - 3rd Option N-RW.
Note: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0009 UNDEFINED Each OPTION Option Period 4 Recurring
FFP
Recurring Integrated Solid Waste Management Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with tota for Exhibit Line Item Numbers (ELINs)/Sub-ELINs E001 through E017 from attachment J-0200000-09, worksheet tab – CLIN 0009 - 4th Option RW.
Note: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0010 UNDEFINED Each OPTION Option Period 4 Non-Recurring
FFP
Non-recurring Integrated Solid Waste Management Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for Exhibit Line Item Numbers (ELINs)/Sub-ELINs E700 through E708 from attachment J-0200000-09, worksheet tab – CLIN 0010 - 4th Option N-RW.
Note: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0011 UNDEFINED Each OPTION FAR 52.217-8 Recurring
FFP
Recurring Integrated Solid Waste Management Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for Exhibit Line Item Numbers (ELINs)/Sub-ELINs F001 through F017 from attachment J-0200000-09, worksheet tab – CLIN 0011 - 52.217-8 Option RW.
Note: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0012 UNDEFINED Each OPTION FAR 52.217-8 Non-Recurring
FFP
Non-recurring Integrated Solid Waste Management Services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for Exhibit Line Item Numbers (ELINs)/Sub-ELINs F700 through F708 from attachment J-0200000-09, worksheet tab – CLIN 0012 52.217-8 Option N-RW.
Note: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-APR-2024 TO
31-MAR-2025
N/A N/A
0002 POP 01-APR-2024 TO
31-MAR-2025
0003 POP 01-APR-2025 TO
31-MAR-2026
0004 POP 01-APR-2025 TO
31-MAR-2026
0005 POP 01-APR-2026 TO
31-MAR-2027
0006 POP 01-APR-2026 TO
31-MAR-2027
0007 POP 01-APR-2027 TO
31-MAR-2028
0008 POP 01-APR-2027 TO
31-MAR-2028
0009 POP 01-APR-2028 TO
31-MAR-2029
0010 POP 01-APR-2028 TO
31-MAR-2029
0011 POP 01-APR-2029 TO
30-SEP-2029
0012 POP 01-APR-2029 TO
30-SEP-2029
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018
52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
NOV 2021
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Products and
Commercial Services
SEP 2023
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.232-18 Availability Of Funds APR 1984 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
MAR 2023
52.237-1 Site Visit APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.215-7008 Only One Offer DEC 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7059 Prohibition on Certain Procurements from the Xinjiang
Uyghur Autonomous Region - Representation
JUN 2023
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
JUN 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
JAN 2023
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
NOV 2023
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations
OCT 2010
252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-30 52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition.
As prescribed in 4.2306(c), insert the following clause:
Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023)
(a) Definitions. As used in this clause— Covered article, as defined in 41 U.S.C. 4713(k), means—
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source. This applies when the covered article or the source is subject to an applicable FASCSA order. A reasonable inquiry excludes the need to include an internal or third-party audit.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
(b) Prohibition.
(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:
(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.
(ii) For all other solicitations and contracts DHS FASCSA orders apply.
(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).
(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.
(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.
(5)
(i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:
(A) Name of the product or service provided to the Government;
(B) Name of the covered article or source subject to a FASCSA order;
(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;
(D) Brand;
(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(F) Item description;
(G) Reason why the applicable covered article or the product or service is being provided or used;
(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.
(c) Notice and reporting requirement.
(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.
(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.
(3)
(i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.
(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:
(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.
(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.
(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:
(i) Within 3 business days from the date of such identification or notification:
(A) Contract number;
(B) Order number(s), if applicable;
(C) Name of the product or service provided to the Government or used during performance of the contract;
(D) Name of the covered article or source subject to a FASCSA order;
(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;
(F) Brand;
(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(H) Item description; and
(I) Any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:
(A) Any further available information about mitigation actions undertaken or recommended.
(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.
(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any product or service produced or provided by a source that is subject to an applicable FASCSA order.
(e) Subcontracts.
(1) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (c)(1) of this clause, in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.
(2) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the contract and any subcontracts and other contractual instruments under the contract. The Contractor or higher-tier subcontractor shall notify their subcontractors, and suppliers under other contractual instruments, that the FASCSA orders in the solicitation that are not in SAM apply to the contract and all subcontracts.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
a. Price:
(1) Solicitation Submittal Requirements:
(i) Provide a completed CLIN section of the solicitation.
(ii) Provide a completed Exhibit Line Item Number (ELIN) Pricing Attachment in the original format (Microsoft Excel). There are multiple worksheets within this file that require completion.
(iii) All ELIN/Sub-ELIN unit prices shall be rounded to two (2) decimal places, and the extended total price for each ELIN/Sub-ELIN shall be calculated based on the rounded unit price. If the offeror does not round ELIN/Sub-ELIN unit prices to two (2) decimal places, the Government will round the unit prices to two (2) decimal places and the total of the ELIN/Sub-ELIN will be recomputed accordingly for evaluation purposes.
(2) Basis of Evaluation:
The Government will evaluate price based on the total price. Total price consists of the basic requirements and all option items (see Section B of the solicitation). The Government intends to evaluate all options and has included the provision FAR 52.212-2, Evaluation – Commercial Items. In accordance with FAR 52.212-2, evaluation of options will not obligate the Government to exercise the option(s). Price analysis will be performed on the basis of price reasonableness in accordance with FAR 13.106-3.
b. Non-cost/price Factors:
The offeror’s response to factors that require submission of Corporate Experience and Past Performance shall be based on the following relevancy definition:
RELEVANT PROJECT:
Relevant projects include those that demonstrate the capability to perform integrated solid waste management (ISWM) services similar in size, scope, and complexity to the requirements described in the performance work statement /specifications of the RFQ with a contract value of $750,000.00 per year or greater that is either 1) ongoing with at least 12 months of contract performance completed by the date of receipt of initial quotes, or 2) shall be completed within the last five (5) years.
(1) Factor 1 – Corporate Experience:
(i) Solicitation Submittal Requirements:
The offeror shall submit a minimum of two (2) to a maximum of five (5) examples of relevant projects to be documented only on the Corporate Experience Project Data Sheet. Offerors shall not submit any project information under Factor 1 unless submitted on the data sheet (with the exception of the information required for any corporate affiliate or first-tier small business subcontractor(s) experience submitted, to include the one-page narrative, organization chart, and teaming agreement/letter of commitment referenced below, which may be submitted in addition to attachment). The offeror shall clearly demonstrate recent, relevant experience as a prime contractor on projects similar in size, scope, and complexity to the requirements described in the Performance Work Statement (PWS) of the RFQ.
An offeror may rely on the prime contractor experience of corporate affiliates (e.g., subsidiaries, sister companies, predecessor companies, and parent companies) to demonstrate experience, providing the offeror submits the following:
a. A one-page narrative clearly demonstrating that the corporate affiliates will have meaningful participation in the project by identifying the personnel or resources from the corporate affiliates that will be dedicated to the project;
b. An organization chart that demonstrates the corporate relationship of the affiliates; and,
c. Teaming agreement/Letter of commitment.
An offeror may rely on the prime contractor experience of first-tier small business subcontractor(s) to demonstrate experience if the experience of the small business prime does not independently demonstrate the capabilities necessary for award, provided the offeror submits the following:
a. Specific identification of the proposed team of first-tier subcontractor(s); and
b. Teaming agreement/Letter of commitment.
For each project, the offeror shall complete the Corporate Experience Project Data Sheet (provided as attachment N6945024Q0002_Corporate_Experience_Project_Data_Sheet.docx). All information shall be provided as requested on the form. Attachment Corporate Experience Project Data Sheet may be expanded and is not limited to the two (2) pages provided with the solicitation.
(ii) Basis of Evaluation:
The Corporate Experience standard has been met when the offeror, its corporate affiliates, or team of first-tier subcontractor(s) demonstrates adequate experience in successfully performing at least one (1) relevant project as defined for this solicitation.
Projects must be submitted on the required Corporate Experience Project Data Sheet, which can be expanded. The Government will only review the first five (5) projects submitted on the Corporate Experience Project Data Sheet.
Any projects submitted in excess of the five (5) will not be considered.
Projects completed by the offeror, its corporate affiliates (e.g., subsidiaries, sister companies, predecessor companies and parent companies) or team of first-tier small business subcontractor(s) in any capacity other than a prime contractor will be considered not relevant. Offerors, their corporate affiliates, or team of first-tier small business subcontractor(s) do not have to self-perform all the relevant work, but must have been the prime contractor on the relevant project.
For multiple award contracts (MACs) or indefinite delivery/indefinite quantity (IDIQ) contracts, the specific relevant task order(s) proposed, not the entire MAC or IDIQ contract, will be considered a project for evaluation purposes.
Failure to provide the required information for projects performed by corporate affiliates or first-tier subcontractor(s), if any, will result in the project being considered not relevant.
(2) Factor 2, Safety:
The offeror shall submit the following information: The Days Away from Work, Restricted Duty, or Job Transfer (DART) Rate; and Total Case Rate (TCR) for the specified five (5) Calendar Years (CY), as well as a safety narrative, as described further below. For a partnership or joint venture, the offeror shall submit separate DART rates and TCR for the specified five (5) CY for each contractor who is part of the partnership/joint venture; however, only one safety narrative is required. Any fatalities experienced within this 5-year timeframe must be explained in detail, to include root cause and corrective actions.
NOTE: DART and TCR shall not be submitted for subcontractors.
1. DART Rate: Submit five (5) previous complete calendar years’ [CY2018, CY2019, CY2020, CY2021, and CY2022] worth of data (not an overall average). If the offeror has no DART rate, for any year, affirmatively state so and explain why.
a. DART cases include injuries or illnesses resulting in death, days away from work, and/or restricted work or transfer to another job days beyond the day of injury/illness.
b. Calculation of DART rate: Multiply the total number of DART cases by 200,000, and then divide by the number of employee labor hours worked.
2. TCR Rate: Submit five (5) previous complete calendar years’ [CY2018, CY2019, CY2020, CY2021, and CY2022] worth of data (not an overall average). If the offeror has no TCR rate, for any year, affirmatively state so and explain why.
a. TCR cases include injuries or illnesses resulting in death, days away from work, restricted work or transfer to another job days beyond the day of injury/illness, medical treatment beyond first aid, or loss of consciousness.
b. Calculation of TCR rate: Multiply the total number of TCR incidents by 200,000, and then divide by the number of employee labor hours worked.
The Government is seeking to determine that the offeror has consistently demonstrated a commitment to safety and that the offeror plans to properly manage and implement safety procedures for itself and its subcontractors. To meet the minimum requirements, the offeror must demonstrate the following:
1. DART rates at or below 2.99
2. TCR rates at or below 4.49
NOTE: If the offeror’s rates exceed the established levels above for any of the five years, it will result in a deficiency.
(3) Factor 3, Past Performance:
IF A COMPLETED CPARS EVALUATION IS AVAILABLE FOR EACH PROJECT SUBMITTED IN
RESPONSE TO 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.
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 the proposal closing date, the offeror should complete and submit with the proposal the first page of the PPQ (provided as an attachment), 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 points of contact, Ashley Delahay via email at ashley.e.delahay.civ@us.navy.mil and Courtney Peterson at courtney.j.peterson3.civ@us.navy.mil (with a copy to Cari Fiebach at cari.l.fiebach.civ@us.navy.mil) prior to the 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.
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 Contractor Performance Assessment Reporting System (CPARS) using all CAGE/Entity Identifier 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), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), and any other known sources not provided by the offeror.
While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate and complete past performance information rests with the offeror.
The Government will evaluate how well the offeror performed on the recent, relevant projects submitted under Factor 1, Corporate Experience, and on other recent, relevant contracts documented in known sources. There are three aspects of the past performance evaluation: recency, relevancy, and quality. The first is to evaluate the recency of the offeror’s past performance. The second is to determine the relevancy of the offeror’s past performance. For purposes of this evaluation, the criteria identified in Factor 1, Corporate Experience will be utilized in determining relevancy. The third aspect is to evaluate the overall quality of the offeror’s past performance.
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