Submission_Instructions_and_Basis_for_Award.pdf

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Disposal of Chemical Waste (Hazardous and Non-Hazardous) and Emergency Response Support Services
Solicitation number
SB1341-16-RQ-0077
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General Instructions for the Business, Technical & Price Quotes:

Quotes shall be prepared in accordance with this solicitation and are required to conform to the provisions of this solicitation and the instructions of this section. To aid in the NIST’s evaluation, the quote must be clearly and concisely written as well as being neat, indexed (cross-indexed as appropriate) and logically assembled. All pages of each part shall be appropriately numbered and identified with the name of the quoter, the date, and the solicitation number. The Business, Technical & Price Quotes shall all be separate and distinguishable from each other.

Quotes Due Date & Questions Due Date:

Quotes are due by Monday, March 7, 2016, 12:00 P.M. (NOON) EASTERN TIME to Mario D. Gray; E- Mail: mario.gray@nist.gov AND Grace Garrity at Grace.Garrity@nist.gov.

Only quotes received by the quote due date and time shall be accepted. Any quote, or part thereof, received after the quotes due date and time will be deemed late and will not be accepted.

Questions relating to the solicitation are due by Wednesday, February 17, 2016, 12:00 P.M. (NOON) EASTERN TIME to Mario D. Gray; E-Mail: mario.gray@nist.gov AND Grace Garrity at Grace.Garrity@nist.gov. Only questions received by the questions due date and time shall be addressed by the Government. Any question, or part thereof, received after the questions due date and time will be deemed late and may not be accepted. All questions must be submitted in writing.

Quote Content:

The quote shall consist of the following submissions:

I. Business Quote:

1. The Business Quote shal l consist of the required administrative information from the quoter.

The quoter shall provide its.

- Legal Name and ‘Doing Business As Name,’ if applicable;

- Tax Identification (Tax ID) Numbers;

- Dun and Bradsheet Number (DUNS): The quoter must submit its DUNS number which it would use if it received an award;

- Business Size: The quoter must submit business size and socio-economic status, if applicable, under the NAICS Code (562112) assigned to this solicitation.;

- Physical Address;

- Main Point of Contact’s Full Name, Position, Telephone Number, and E-Mail Address and Signature and Date.

2. Validity of Quote: The quote shall contain a statement that it is valid for a period of not less than 120 days.

3. Quoter’s Concurrence: The quoter must indicate that it concurs with all terms and conditions of the solicitation. Therefore, the quoter must state that it concurs with all terms and conditions of the solicitation without change, exception, modification or addition. Should the solicitation be amended, this statement shall be modified to reflect concurrence with the terms and conditions of the solicitation, as amended on [insert date of final FBO amendment], without change, exception, modification, or addition. Any exceptions, modifications, or additions to the Government’s terms and conditions, if any, must be clearly identified by the quoter in this section.

II. Technical Quote:

The Technical Quote shall not include any price information. The Technical Quote should be typed, with one inch margins, 12 pitch type (or equivalent), unreduced in size, not exceeding twenty (20) pages in total. The following items DO NOT count against the twenty (20) page limit: key personnel resumes; a list of citations or items of non-compliance (Past Performance section); Past Performance Questionnaires; and, the Small Business Subcontracting Plan. Any page in excess of the 20 page Technical Quote limit will be disregarded and will not be included in the evaluation of the Technical Quote.

The Technical Quote shall consist of the following sections:

Section 1, Phase 1: Compliance with Code of Federal Regulations (CFR) 49 Part § 387 and Code of Maryland Regulations (COMAR) 26.13.04:

The quoter shall submit evidence and documentation that demonstrates that it is in compliance with Code of Federal Regulations (CFR) 49 Part § 387—Minimum Levels of Financial Responsibility for Motor Carriers, including but not limited to CFR 49 Part § 387.7—Financial Responsibility Required.

REFERENCE: http://www.ecfr.gov/cgi-bin/text-idx?gp=&SID=83eb8a9ec6be826e7f935b5b386b7fd7&mc=true&tpl=/ecfrbrowse/Title49/49CIIIs ubchapB.tpl

Each quoter shall submit evidence and documentation that demonstrates that it is in compliance with Code of Maryland Regulations (COMAR) 26.13.04—Standards Applicable to Transporters of Hazardous Waste, including but not limited to COMAR 26.13.04.01 (Liability insurance coverage and minimum insurance requirements, corresponding to CFR 49 Part § 387.7) and COMAR 26.13.04.04 (Bonding requirements).

REFERENCE:

http://www.dsd.state.md.us/COMAR/subtitle_chapters/26_Chapters.aspx#Subtitle13

Each quoter shall demonstrate that it has access to a Licensed Treatment, Storage or Disposal Facility (TSDF) or Facilities and describe the arrangement, providing the name and location of the TSDF(s). The quoter must provide a plan to maintain access to the TSDF(s) across the entire period of performance and demonstrate that it will have continuing access to the TSDF(s) to meet the NIST’s normal and emergency waste needs.

Section 2.1, Phase 2, Factor 1: Corporate Experience:

Each quoter shall provide project descriptions for at least three projects similar to this solicitation to demonstrate at least five (5) years of similar experience working with “complex” laboratory chemicals and properly accumulating, characterizing, labeling, packing, manifesting, transporting and disposing of hazardous and non-hazardous waste. Each project description shall provide a summary of the work accomplished, a description of the similarity between the project description and the subject requirements, and the dates that the work was accomplished. The quoter shall demonstrate that it has experience successfully managing the transport and disposal of the “complex waste streams” s similar to those described in Section III of the SOW requirements. The quoter may include project(s) performed by proposed subcontractors, as applicable, but must clearly identify the project(s) as performed by the subcontractor.

Section 2.2, Phase 2, Factor 2: Staff Experience:

Each quoter shall provide resumes of proposed Key Personnel to perform under this contract, including the Project Manager, Hazardous Waste Chemist, and Back-Up Hazardous Waste

Chemist. The Key Personnel resumes must clearly demonstrate that the minimum personnel qualifications for Key Personnel, as described in Section IV of the SOW, are met or exceeded.

Hazardous Waste Chemist and a backup Hazardous Waste Chemist shall each demonstrate no less than 5 years of experience accumulating, characterizing, labeling, packing, manifesting and disposing of hazardous waste similar to the hazardous waste types as described in Section III of this SOW. The proposed Project Manager shall demonstrate no less than 5 years of experience managing and overseeing performance of the aforementioned tasks. Each Key Personnel resume shall not exceed two (2) pages.

Each quoter shall submit evidence and documentation that demonstrate that the quoter’s proposed staff (to include drivers and technicians) meet the minimum training and license requirements for the handling and transport of hazardous waste as follows:

1) All contractor staff working on the NIST Site are trained in accordance with OSHA 1910 HAZWOPER; 2) All Hazardous Waste Chemists are trained in accordance with DOT 49 CFR for Hazardous Material Shipment; and, 3) All transportation drivers are trained and commercially licensed for Hazardous Material Transport in accordance with the 49 CFR.

Resumes are NOT required for staff of the quoter whom are NOT Key Personnel.

Section 2.3, Phase 2, Factor 3: Past Performance:

The quoter shall demonstrate relevant past performance or affirmatively state that it possesses no relevant past performance. Relevant past performance is performance under contracts or efforts (currently being performed or performed within the past five (5) years) that are of a similar, directly related scope, magnitude and complexity to that which is described in the solicitation and in the Statement of Work.

The following information is required for each client reference provided:

a. Name, phone number and email address of technical point of contact;

b. Name of the client agency, organization, or company;

c. Period of performance;

d. Contract number, if applicable; and

d. A brief description of the scope of work and responsibilities.

Each quoter is ‘ONLY’ required to request its client references submit Past Performance Questionnaires to NIST ‘IF’ the quoter’s performance reports are ‘NOT’ available in the Past Performance Information Retrieval System (PPIRS).

Reference: https://www.ppirs.gov/

Section 2.3.1, Subfactor 1: List of Citations or Items of Non-Compliance:

Each quoter shall provide a list of citations or items of non-compliance, based on violations, occurring within the past twelve months (12) from the issuance of this solicitation. The list of citations or items of non-compliance must document any violation by the quoter and/or their agents handling, transportation, storage treatment, recycling, and disposal (e.g. all treatment, storage, disposal, and recycling facilities) within the past twelve (12) months from the issuance of this solicitation. The list of citations or items of non-compliance must document any violation involving:

1) The Environmental Protection Agency (EPA) or the “agreement state(s) administering the EPA program, under the Resource Conservation and Recovery Act (RCRA) program;

2) The Occupational Safety and Health Administration (OSHA); and,

3) The Department of Transportation (DOT).

If a quoter did not incur any citations or items of non-compliance, then the quoter must affirmatively attest that no citations or items of non-compliance have been issued regarding its performance handling, transportation, storage treatment, recycling, and disposal (e.g. all treatment, storage, disposal, and recycling facilities) within the past twelve (12) months from the issuance of this solicitation.

Section 2.3.2, Subfactor 2: Past Performance Information Retrieval System (PPIRS) ‘OR’ Past Performance Questionnaires: Each quoter is allowed a maximum of three (3) client references, via Past Performance Questionnaires or PPIRS reports, for work currently being performed or performed within the past five (5) years. The quoter may include project(s) performed by proposed subcontractors, as applicable, but must clearly identify the project(s) as performed by the subcontractor.

Past Performance Information Retrieval System (PPIRS): Each quoter is ‘ONLY’ required to have its client references submit Past Performance Questionnaires to NIST ‘IF’ the quoter’s performance reports are ‘NOT’ available in the Past Performance Information Retrieval System (PPIRS). If the quoter’s Past Performance reference is available in PPIRS, the quoter shall indicate so in this section.

Reference: https://www.ppirs.gov/

If the Past Performance referenced is NOT available in PPIRS, the Contractor shall instruct its client references to submit a Past Performance Questionnaire to NIST by the Solicitation closing date. Each quoter is solely responsible for ensuring that its client references directly submit Past Performances Questionnaires, via e-mail, to be received by the closing date and time of this solicitation, to Mario D. Gray; E-Mail: mario.gray@nist.gov ‘AND’ Grace Garrity at Grace.Garrity@nist.gov. Further, each quoter is advised to instruct its client references to submit the Past Performance Questionnaires as early as possible to prevent late submissions by a quoter’s client references. If a quoter receives more than three (3) Past Performance Questionnaires, then only the first three (3) will be reviewed by NIST.

Section 2.3.3, Subfactor 3: Small Business Subcontracting Plan (if applicable): Must Not to Exceed Five (5) Page Limit:

Each ‘other than small business’ (large business) quoter is required to submit documentation of its utilization of small business concerns in subcontracting. The large business quoter may submit its Standard Commercial Small Business Subcontracting Plan which is relevant and current for NIST’s requirements.

If the quoter does not have a corporate-level Commercial Small Business Subcontracting Plan, the large business quoter shall submit a Small Business Subcontracting Plan, as part of its quote, to detail the small business subcontracting opportunities and arrangements which will affect the performance of NIST’s requirements. The Small Business Subcontracting Plan shall include: 1) a detailed narrative of each small business subcontractor’s roles and responsibilities in the performance of NIST’s requirements; 2) the large business quoter’s plan to manage its subcontractor(s) and oversee each subcontractor’s roles and responsibilities; 3) an organization chart depicting the structure of the proposed Small Business Subcontracting Plan; 4) identification of subcontractor key personnel necessary to accomplish the NIST’s requirements (subcontractor key personnel resumes must not exceed two (2) page limit; and, 5) a financial layout, by percentage (%) and dollar ($), of the distribution of the total effort between the large business quoter (prime) and subcontractor(s). Additionally, the large business quoter may submit official documentation showing existing commitments between the large business quoter and small business subcontractor(s) which will be honored ‘IF’ the large business quoter receives award from NIST.

Section 2.4, Phase 2, Factor 4: General Technical Approach: Each quoter shall demonstrate a firm and comprehensive understanding of the requirements and goals set forth in the SOW;

demonstrate the ability to prepare, plan and timely deliver all reports and other deliverables within the timeframes required; and demonstrate feasible plans and methodologies for providing all necessary resources required to efficiently carry out the SOW requirements, including personnel, vehicles, and equipment required to efficiently carry out the SOW requirements. The contractor shall demonstrate its ability to maintain access to a fleet of specialized vehicles (e.g., Turbo-vac style vacuum truck capable of hauling hazardous waste; and, backhoes/excavators, dump trucks, tractor trailers, roll offs and other vehicles capable of hauling hazardous waste) capable of meeting NIST’s requirements, including prompt access to emergency equipment sufficient to ensure compliance with the required four (4) hour emergency response time. The quoter shall submit a list of emergency services/equipment which it has access to. Each quoter shall submit evidence and documentation that demonstrates that it is in compliance with COMAR 26.14—Hazardous Substances Response Plan, including but not limited to COMAR 26.14.01— Procedures for Hazardous Substance Response and COMAR 26.14.02—Investigating, Evaluating, and Responding to Hazardous Substance Releases.

REFERENCE:

http://www.dsd.state.md.us/COMAR/subtitle_chapters/26_Chapters.aspx#Subtitle13

III. Phase 2, Price Quote:

A pricing spreadsheet is included with this solicitation for the quoter to provide its quoted fixed unit pricing for each required line item. The quoter must use Columns C through G (highlighted) to provide an individual fixed unit price for each line item. Quoters shall not manipulate any cells on the spreadsheet other than Columns C through G. Column H includes the evaluated quantities of each line item which will be used for the purposes of IDIQ price evaluation. Column I will auto-populate the total evaluated price for that line item based on the unit prices for each 12 month period and the Evaluated Price quantities. Column J indicates the actual historical usage for each line item and is provided for informational purposes.

Important Notices:

1. Quoters shall direct all communications prior to award to the attention of:

Mario D. Gray; E-Mail: mario.gray@nist.gov AND Grace Garrity at Grace.Garrity@nist.gov.

2. The issuance of this solicitation does not obligate NIST to: 1) Award a contract/order to a quoter simply on the basis that the quoter submitted a quote; 2) Pay for the time and materials used by a quoter to respond to this solicitation; and, 3) Pay for the information provided by a quoter to this solicitation.

3. A quoter who provides classified, confidential, proprietary, or/and sensitive information does so voluntarily, entirely at its own risk, and, without the NIST being subject to liability. A quoter that includes data in a quote that the quoter does not want disclosed to the public for any purpose, or used by NIST except for evaluation purposes, should clearly indicate this in the quote.

AWARD DECISION and EVALUATION CRITERA:

AWARD DECISION:

NIST intends to use a trade-off process to award an Indefinite Delivery Indefinite Quantity Contract to the responsible quoter whose quote represents the best value to NIST, price and non-price factors considered. All quotes received will be evaluated in accordance with the stated evaluation factors.

Phase I of the evaluation consists of an evaluation of only the Pass/Fail evaluation factor - Compliance with Code of Federal Regulations (CFR) 49 Part § 387 and Code of Maryland Regulations (COMAR) 26.13.04. Quotes will be evaluated to confirm that all mandatory requirements have been met. Those quotes meeting all mandatory requirements of Phase I will be evaluated utilizing the best value trade-off in Phase II as described below. The quotes which do not meet all the Phase 1 mandatory requirements will not be evaluated under Phase 2.

NIST intends to award to the quoter who in NIST’s evaluation and estimation provides the greatest overall benefit in response to this solicitation. NIST reserves the right to make an award to other than the lowest priced quoter if the Contracting Officer determines that to do so would result in the best value to NIST.

Each quoter must submit information sufficient for NIST to evaluate the quote based on the Evaluation Criteria below. NIST’s Evaluation will be based on the demonstrated capabilities of the prospective quoters in direct relation to NIST's requirements as set forth in this solicitation.

NIST intends to evaluate quotes and issue a contract based on the initial quotes received. Therefore, the quoter’s initial quote should contain the quoter’s best terms from a price and technical standpoint. NIST reserves the right to request revised quotes from, or negotiate final contract terms with, one or more, but not all, quoters if later determined by the Contracting Officer to be necessary.

TECHNICAL EVALUATION CRITERIA:

The following non-price factors, listed in descending order of importance, will be used to evaluate quotes:

Phase 1: Compliance with Code of Federal Regulations (CFR) 49 Part § 387 and Code of Maryland Regulations (COMAR) 26.13.04: (Pass or Fail) Phase 2, Factor 1: Corporate Experience Phase 2, Factor 2: Staff Experience Phase 2, Factor 3: Past Performance:

Subfactor 1: List of Citations or Items of Non-Compliance Subfactor 2: Past Performance Information Retrieval System (PPIRS) or Past Performance Questionnaires Subfactor 3: Small Business Subcontracting Plan

Phase 2, Factor 4: General Technical Approach

All Technical Evaluation Factors, when combined, are significantly more important than price.

Subfactors are considered equally important.

Phase 1: Compliance with Code of Federal Regulations (CFR) 49 Part § 387 and Code of Maryland Regulations (COMAR) 26.13.04: (Pass or Fail):

Quoters must meet all mandatory requirements identified below. Evaluators will only evaluate information submitted in the Technical Quote, Section 1 during the Phase 1 evaluation.

The quoter’s evidence and documentation will be examined for authenticity, validity and currency to ensure that the quoter is in compliance with Code of Federal Regulations (CFR) 49 Part § 387— Minimum Levels of Financial Responsibility for Motor Carriers. The quoter’s evidence and documentation will be examined to determine whether it meets minimum levels of financial responsibility for motor carriers as required under CFR 49 Part § 387.

The quoter’s evidence and documentation will be examined for authenticity, validity and currency to ensure that the quoter is in compliance with Code of Maryland Regulations (COMAR) 26.13.04—Standards Applicable to Transporters of Hazardous Waste. The quoter’s evidence and documentation will be examined to determine whether it meets minimum levels of liability insurance coverage, minimum insurance requirements and minimum bonding requirements as required under COMAR 26.13.04.01 and COMAR 26.13.04.04.

Evaluation of this factor will include the quoter’s ability to demonstrate that it has access to a Licensed Treatment, Storage or Disposal Facility (TSDF) and its ability to demonstrate the arrangement and plan to maintain TSDF access. NIST will evaluate the quoter’s arrangement and plan to maintain TSDF access for viability and sustainability across the entire period of performance.

Evaluation will be based on examination of documentation, evidence and information provided by the quoter to show its compliance with the the foregoing state and federal regulations. The quoter must affirmatively demonstrate that it is compliance with the foregoing state and federal regulations and meets all the minimum requirements. A quoter’s failure to provide documentation, evidence and information, as requested and as required in this solicitation, that demonstrates compliance with the foregoing state and federal regulations and minimum requirements will be grounds for exclusion from further NIST contract consideration.

Those quotes meeting all mandatory Pass/Fail requirements will be evaluated utilizing the best value trade-off in Phase II below. Quotes not meeting the mandatory requirements (Phase I) will not be considered further for award.

Phase 2, Factor 1: Corporate Experience:

Corporate Experience will be evaluated to determine the degree of and relevance of experience the Quoter demonstrates in completing projects similar to the requirements of the SOW in terms of size, scope and complexity. Evaluation will thoroughly examine a quoter’s corporate experience for inclusion of technically complex experience that clearly indicates the quoter has successfully managed the transport and disposal of the “complex waste streams” from hazardous waste as described in Section III of the SOW requirements.

Phase 2, Factor 2: Staff Experience:

Evaluation of this factor will include: 1) The examination of the resumes of the Hazardous Waste Chemist and Back-Up Hazardous Waste Chemist key personnel to determine the degree of experience accumulating, characterizing, labeling, packing, manifesting and disposing of hazardous waste and the likelihood of successful performance by these personnel; and, 2) The examination of the resume of the Project Manager key personnel to determine the degree of experience ‘managing and overseeing performance’ involving accumulating, characterizing, labeling, packing, manifesting and disposing of hazardous waste and the likelihood of successful performance by this personnel.

The quoter’s evidence and documentation will be examined to determine whether the quoter’s proposed staff (to include drivers and technicians) meet the minimum training and license requirements for the handling and transport of hazardous waste as follows:

1) All contractor staff working on the NIST Site are trained in accordance with OSHA 1910 HAZWOPER; 2) All Hazardous Waste Chemists are trained in accordance with DOT 49 CFR for Hazardous Material Shipment; and, 3) All transportation drivers are trained and commercially licensed for Hazardous Material Transport in accordance with the 49 CFR. Evaluation will determine whether the quoter possesses a staff with all necessary training and licenses to safely operate equipment in compliance with the foregoing regulations.

Phase 2, Factor 3: Past Performance:

Evaluation of this factor will include evaluation of the Subfactors as follows:

Subfactor 1: List of Citations or Items of Non-Compliance:

Evaluation will include an examination of the quoter’s list of citations of non-compliance, based on violations, occurring within the past twelve months (12) from the issuance of this solicitation, involving:

1) The EPA or the “agreement state(s) administering the EPA program, under the RCRA program;

2) The OSHA; and,

3) The DOT.

NIST will determine the relative degree of risk associated with the quoter and the quoter’s likelihood of success in fulfilling the solicitation and SOW requirements and performance of a contract. If a quoter did not incur any citations or items of non-compliance then the quoter’s provided affirmation will be examined by NIST and may be verified through searches of public information and contact with agency or/and public officials. If a quoter does not submit a list of citations/items of non-compliance or affirmation of no citations/items of non-compliance, then this quoter may be evaluated unfavorably due to the omission of this information.

Subfactor 2: Evaluation of Past Performance Information Retrieval System (PPIRS) ‘OR’ Past Performance Questionnaires:

NIST will review Past Performance Reports (via PPIRS or the attached Past Performance Questionnaires) to assess the quoter’s: 1) expertise and timeliness in completing hazardous waste task orders; 2) responsiveness to client reference questions and concerns; and 3) overall performance and ratings. NIST will determine the relative degree of risk associated with the quoter and the quoter’s likelihood of success in fulfilling the solicitation's requirements and performance of a contract.

NIST reserves the right to obtain past performance information from any available source and may contact customers other than those identified by the quoter when evaluating past performance. In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available, the quoter will not be evaluated favorably or unfavorably under this Subfactor.

Subfactor 3: Small Business Subcontracting Plan:

For any other than small business (large business) submitting a quote, NIST will examine the Small Business Subcontracting Plan and evaluate its viability and sustainability across the entire period of performance. The Small Business Subcontracting Plan will be evaluated to determine the extent that it maximizes utilization of Small Business subcontracting opportunities. Further, NIST will evaluate the Small Business Subcontracting Plan to determine the relative degree of risk associated with the quoter and the quoter’s likelihood of success in fulfilling the solicitation's requirements and performance of a contract.

Phase 2, Factor 4: General Technical Solution:

NIST will evaluate the quote to determine the extent to which the proposed approach provides specific methods and techniques for completing each task such that the NIST will successfully achieve its goals. The quote will be evaluated for the degree to which the quoter:

1) Demonstrates a firm and comprehensive understanding of the requirements and goals set forth in the SOW;

2) Demonstrates the ability to prepare, plan and timely deliver all reports and other deliverables within the timeframes required; and

3) Demonstrates feasible plans and methodologies for providing all necessary resources required to efficiently carry out the SOW requirements, including personnel, vehicles, and equipment required to efficiently carry out the SOW requirements.

4) Demonstrates that it maintains access to a fleet of specialized vehicles (e.g., Turbo-vac style vacuum truck capable of hauling hazardous waste; and, backhoes/excavators, dump trucks, tractor trailers, roll offs and other vehicles capable of hauling hazardous waste) which are capable of meeting NIST’s requirements, including prompt access to emergency equipment sufficient to ensure compliance with the required four (4) hour emergency response time..

5) Demonstrates that its emergency response plan is in compliance with COMAR 26.14— Hazardous Substances Response Plan. The emergency response plan will be evaluated for compliance under COMAR 26.14.01 and COMAR 26.14.02 and to determine the extent of the potential impact on NIST, public health and the environment.

C. Phase 2, Price Evaluation:

The quoter's price quote will be evaluated for completeness , fairness, reasonableness, and realism. NIST will utilize Column I – Total Evaluated Price to determine the total Evaluated Price, inclusive of all option periods. In addition to considering the total IDIQ evaluated price, NIST will also review individual unit prices for fairness, reasonableness, and realism.

In determining the Awarded Price/IDIQ Ceiling, NIST will utilize the quantities established in Column J – Historical Quantities, to determine the anticipated IDIQ ceiling, with an additional 30% added to the total Awarded Price to account for potential emergency response situations not reflected in the Historical Quantities. The Awarded Price/IDIQ Ceiling will not factor into the Price Evaluation, but will only be used to establish the ceiling of the resultant IDIQ contract.

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