Solicitation 80AFRC22R0001 Posting.pdf

SOLICITATION 80AFRC22R0001

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.

80AFRC22R0001 is being issued as a Request for Quotes (RFQ) for hazardous waste pickup and disposal services, in accordance with the Statement of work dated October 5, 2021.

Contract Line Items (CLINs) are outlined in Section B of this synopsis/solicitation. Ensure to read this entire document in its entirety, as it contains the instructions for submitting quotes in response to this requirement.

The provisions and clauses in the RFQ are those in effect through FAC 2022-03 effective January 01, 2022.

This procurement is 100% Set Aside for Small business. The assigned NAICS Code is 562112 Hazardous Waste Collection Services. The size standard for this NAICS code is $41.5M. The offeror shall confirm in its Quotaton that it meets the applicable size standard starus for the assigned NAICS code.

SECTION B. SUPPLIES OR SERVICES

B.1 SUPPLIES OR SERVICES TO BE FURNISHED

The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to perform/provide hazardous waste pickup and disposal services, in accordance with the Statement of work dated October 5, 2021.

CLIN Description Qty Unit Price

Provide pickup, transportation, delivery, treatment, disposal, or recycling at a licensed and approved State of California Treatment, Storage, and Disposal Facility (TSDF) and/or out-of-state TSDF licensed and approved by the United States Environmental Protection Agency (EPA), for hazardous chemical wastes and recyclables located at AFRC Main Campus and AFRC Building 703.

IDIQ IDIQ IDIQ*

*Prices to be proposed in accordance with Contract Attachment D-1, Hazardous Waste Item Line Item Prices

(2) Any order for a combination of items in excess of $300,000.00; or

(3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.

The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after completion date of all orders issued.

n.

1852.216-80 TASK ORDERING PROCEDURE (OCT 1996) with ALTERNATE II

(APR 2018)

(a) Only the Contracting Officer may issue task orders to the Contractor, providing specific authorization or direction to perform work within the scope of the contract and as specified in the schedule. The Contractor may incur costs under this contract in performance of task orders and task order modifications issued in accordance with this clause. No other costs are authorized unless otherwise specified in the contract or expressly authorized by the Contracting Officer.

(b) Prior to issuing a task order, the Contracting Officer shall provide the Contractor with the following data:

(1) A functional description of the work identifying the objectives or results desired from the contemplated task order.

(2) Proposed performance standards to be used as criteria for determining whether the work requirements have been met.

(3) A request for a task plan from the Contractor to include the technical approach, period of performance, appropriate cost information, and any other information required to determine the reasonableness of the Contractor's proposal.

(c) Within 15 calendar days after receipt of the Contracting Officer's request, the Contractor shall submit a task plan conforming to the request.

(d) After review and any necessary discussions, the Contracting Officer may issue a task order to the Contractor containing, as a minimum, the following:

(1) Date of the order

(2) Contract number and order number.

(3) Functional description of the work identifying the objectives or results desired from the task order, including special instructions or other information necessary for performance of the task

(4) Performance standards, and where appropriate, quality assurance standards.

(5) Maximum dollar amount authorized (cost and fee or price). This includes allocation of award fee among award fee periods, if applicable.

(6) Any other resources (travel, materials, equipment, facilities, etc.) authorized.

(7) Delivery/performance schedule including start and end dates.

(8) If contract funding is by individual task order, accounting and appropriation data.

o.

(e) The Contractor shall provide acknowledgment of receipt to the Contracting Officer within 10 calendar days after receipt of the task order.

(f) If time constraints do not permit issuance of a fully defined task order in accordance with the procedures described in paragraphs (a) through (d), a task order which includes a ceiling price may be issued.

(g) The Contracting Officer may amend tasks in the same manner in which they were issued.

(h) In the event of a conflict between the requirements of the task order and the Contractor's approved task plan, the task order shall prevail.

(i) Contractor shall submit progress reports, as required. When required, the reports shall contain, at a minimum, the following information:

(1) Contract number, task order number, and date of the order.

(2) Price and billed amounts to date for each task order.

(3) Significant issues/problems associated with the task order.

(4) Status of all task orders issued under the contract.

(5) Invoice number.

(End of Clause) through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at [insert name of NASA installation], where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

C.3 FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

NFS 1852.225-70 Export Licenses (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 p.

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

☒ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

☐ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

☐ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

☐ (5) [Reserved].

☐ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

☒ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

☐ (10) [Reserved].

☐ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

☐ (ii) Alternate I (Mar 2020) of 52.219-3.

☐ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

☐ (ii) Alternate I (Mar 2020) of 52.219-4.

☐ (13) [Reserved]

☒ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-6.

☐ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

☐ (ii) Alternate I (Mar 2020) of 52.219-7.

☒ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

☐ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

☐ (ii) Alternate I (Nov 2016) of 52.219-9.

☐ (iii) Alternate II (Nov 2016) of 52.219-9.

☐ (iv) Alternate III (Jun 2020) of 52.219-9.

☐ (v) Alternate IV (Jun 2020) of 52.219-9

☐ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

☐ (i) Alternate I (Mar 2020) of 52.219-13.

☒ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

☐ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

☐ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).

☒ (ii) Alternate I (MAR 2020) of 52.219-28.

☐ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

☐ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

☐ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

☐ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

☒ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020)

([DEVIATION 20-02A] (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

☐ (ii) Alternate I (Feb 1999) of 52.222-26.

☒ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

☐ (ii) Alternate I (Jul 2014) of 52.222-35.

☒(32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

☐ (ii) Alternate I (Jul 2014) of 52.222-36.

☒ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

☒ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

☒ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

☐ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

☐ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

☐ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

☐ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Oct 2015) of 52.223-13.

☐ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun2014) of 52.223-14.

☐ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

☐ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

☐ (ii) Alternate I (Jun 2014) of 52.223-16.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

☐ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

☐ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

☐ (ii) Alternate I (Jan 2017) of 52.224-3.

☐ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).

☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021) [(DEVIATION 20-02A)] (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

☐ (ii) Alternate I (Jan 2021) of 52.225-3.

☐ (iii) Alternate II (Jan 2021) ([DEVIATION 20-02A]) of 52.225-3.

☐ (iv) Alternate III (Jan 2021) of 52.225-3.

☒ (50) 52.225-5, Trade Agreements (Oct 2019) ([DEVIATION 20-02A]) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

☒ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

☐ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

☐ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

☐ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

☐ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

☐ (61) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEVIATION 20-03A) (31 U.S.C. 3903 and 10 U.S.C. 2307).

☐ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

☐ (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

☐ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

☐ (ii) Alternate I (Apr 2003) of 52.247-64.

☐ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

Employee Class Monetary Wage-Fringe Benefits Material Handling Laborer $17.10 - 30.9% of salary Truck Driver $23.59 - 30.9% of salary

☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

☒ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excs of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115- 91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.223-18, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

C.1 Delivery and/or Completion Schedule

The period of performance of contract is five (5) year from date of award. Delivery and/or completion for each order will be identified on the order.

(End of clause)

D.1 CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

No. Attachment Date Pages 1 Hazardous Waste Item Line Item Prices 10/5/2021 2 2 Statement of Work (SOW) 10/5/2021 5 3 Wage Determination 2015-5603 Rev 16 10/20/2021 22

a. FAR 52.204-7 System for Award Management (OCT 2018)

b. FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)

c. To assure timely and equitable evaluations of quotes, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors.

Failure to provide all required documentation may result in the quote being ineligible for award. Offerors must clearly identify any exception to the

SECTION E: SOLICITATION PROVISIONS

E.1 FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services.

(Nov 2021)

E.2 ADDENDUM to FAR 52.212-1 Instructions to Offerors - Commercial Items solicitation terms and conditions and provide complete accompanying rationale.

1. To be eligible for award, quotes must be received by 4:30 p.m., PST, on February 15, 2022.

2. Quotes shall be delivered electronically to Robbin Kessler, Contracting Officer, at robbin.m.kessler@nasa.gov and Acquisition Specialist Gail Anton at gail.t.anton@nasa.gov.

3. Quote Preparation Instructions

i. The quote shall consist of three sections: the technical approach and pricing documentation. The Technical Approach shall not exceed 10 pages. The Past Performance Section shall not exceed 10 pages. The price portion shall consist of Attachment D-1, Hazardous Waste Item Line Item Prices and Attachment D-B, Sample Task Order Price List, priced in accordance with Attachment D-1.

ii. A page is defined as one side of a sheet, 8 ½” x 11”, with at least one-inch margins on all sides, using not smaller than 12 point Times New Roman type. Foldouts count as an equivalent number of 8 ½” by 11” pages. The metric standard format most closely approximating the described standard 8 ½” x 11” size may also be used.

iii. Title pages, Tables of Contents, and an Acronym Lists are excluded from the page counts specified in paragraph (i) of this provision. In addition, the price section of your quote is not page limited. However, this section is to be strictly limited to price information. Information that can be construed as belonging in one of the other sections of the quote will be so construed and counted against that section’s page limitation.

iv. Pages submitted in excess of the limitation specified in this provision will not be evaluated by the Government and will be returned to the offeror.

4. Section Content

i. Technical Approach: The 10-page technical volume shall provide, at a minimum, evidence of the following:

(a) Current California State Environmental Protection Agency (EPA) identification number.

(b) Current California State Hazardous Waste Hauler’s License

(c) Hazardous Waste management experience, to include waste transportation, disposal of liquids, sludges, solids, Lan Packs, containers, bulk, packaging or re-packaging, sampling and analysis

(d) Recycling options for non-hazardous waste streams for bulk and containerized waste streams, grease traps, liquid non-hazardous waste streams, sludge, solids, drums, roll-off containers, empty drums

(e) 24-hour emergency response and environmental remediation, including treating and stabilizing, excavating, and handling hazardous and non-hazardous soils, sludges, and debris. These operations should include provisions for associated construction control measures, such as properly contained staging areas, haul roads, storm water and groundwater control, and excavation shoring.

(f) Site remediation experience for sites that have been contaminated with hazardous and/or radioactive materials, including evidence of program or project management, survey and sampling plan development, characterization surveys and hazard identification, rapid identification of potential contaminates, accurate and complete profiles of sites, design and implementation of remedial actions, environmental sample processing, final survey and sampling plan development, data packages, and unrestricted release surveys

ii. Past Performance: Past performance refers to the offeror’s, major subcontractors, and/or team members demonstrated record of quality of work and contract compliance in supplying supplies and services relevant in quantitative and qualitative aspects of each offeror’s record of performing services or delivering products similar in size, content, and complexity of the requirements of the SOW.

The Government is seeking to determine whether the offeror has relevant experience that will ensure its successful performance of the SOW and solicitation requirements. The offeror’s quote shall include an itemized listing and summary of current or past contracts performing similar tasks or deliverables to the SOW and solicitation requirements within the last three (3) years. The summary should detail how the current or past contract requirements relate in relevancy and similarity to each task required by the SOW and solicitation. This information should focus on work performed, progress, and projects of a similar size, content, and complexity of this SOW and solicitation requirement. The offeror should provide information on problems encountered during the performance of previous contracts, identification and explanation of any cost overruns or underruns, completion delays, terminations, and the offeror’s corrective actions.

The offeror should also provide any award or quality demonstrators of performance achieved during performance of previous contracts.

Current or past contracts from Federal, State, and local governments and private contracts will be considered relevant and/or similar to this procurement if they are similar in size, content, and complexity.

Contracts listed do not have to meet all of the criteria; however, contracts listed that meet all of the criteria may be more highly rated.

The relevant similar contracts shall contain the following information:

• Contract number

• Name of Company / Organization performing the work, CAGE

Code, and DUNS number

• Contract type

• Start and end dates

• Original and final (or current) contract value

• Government Agency or Industry placing the contract

• Contracting Officer’s Representative (COR) or Program

Manager’s name, email address, and telephone number

• Description of the work performed and its relevance to this procurement, with focus on the areas directly below. Note: All areas are not required, however, in general higher confidence ratings will result from more areas being addressed with substantive information. Subcontract information need only address the SOW areas related to its assigned effort.

Contract Performance PP1: Firm’s knowledge and expertise PP2: Vendor’s flexibility relative to changes in the project scope and timeliness PP3: Satisfaction with soft and/or hard copy materials produced PP4: Dynamics/interaction between vendor & customer PP5: Satisfaction with the products developed PP6: Schedule timeliness PP7: Overall customer services and timeliness in responding to service inquires, issues, and resolutions PP8: Knowledge of staff and ability to accomplish contractual duties PP9: Accuracy and timeliness of billing and/or invoices PP10: Ability to quickly and thoroughly resolve service-related problems PP11: Flexibility in meeting requirements PP12: Likelihood of recommendation to others PP13: Responsiveness to emergency calls

Subcontractor consent: Past performance information pertaining to a subcontractor cannot be disclosed to the prime offeror without the subcontractor’s consent. Provide with the quote a letter from all subcontractors that will perform major or critical aspects of the requirement, consenting to the release of their past performance information to the prime offeror.

NASA has provided a “Past Performance Questionnaire” (Attachment D-A) that the offerors will submit to the cited Client Points of Contact (POC) for completion. Offeror shall submit the questionnaire to the POC(s) via email and include the NASA POCs cited in the solicitation.

The completed questionnaire must be returned directly to the Contracting Officer. Client shall email the completed form to robbin.m.kessler@nasa.gov. The completed questionnaire must come from the Client and be submitted no later than 4:30 P.M., PST on February 15, 2022. The offeror is responsible for ensuring timely submission.

iii. Price: Offerors shall quote a Firm-Fixed-Price (FFP) for all items and years of Attachment D-1, Hazardous Waste Item Line Item Prices.

Offerors shall also provide a FFP quote for Attachment D-B, Sample Task Order Price List, priced in accordance with the proposed FFP rates of Attachment D-1, Hazardous Waste Item Line Item Prices

E.3 FAR 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 provide the best value to the Government. The following factors shall be used to evaluate offers:

Technical Capability/Acceptability Past Performance Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

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

E.4 ADDENDUM to FAR 52.212-1 Instructions to Offerors – Commercial Items

This is a competitive, best value request for quotations (RFQ). The Government will select the offeror that is most advantageous to the Government based upon the evaluation factors of:

a. Technical Acceptability

b. Past Performance

c. Price

In accordance with FAR Part 12.602(a) and FAR Part 13.106-1(a)(2), the solicitation is not required to describe the relative importance of the evaluation factors.

The evaluation process will proceed as follows:

a. Technical Approach

An initial review of quotes will be conducted to determine technically acceptability.

All technically unacceptable quotes will be eliminated from evaluation and consideration for award. To be found technically acceptable, the technical volume of the quote must meet the following criteria:

(a) Positive evidence of a Current California State Environmental Protection Agency (EPA) identification number.

(b) Positive evidence of a current California State Hazardous Waste Hauler’s License

(c) Demonstration of Hazardous Waste management experience, to include waste transportation, disposal of liquids, sludges, solids, Lan Packs, containers, bulk, packaging or re-packaging, sampling and analysis

(d) Evidence of Recycling options for non-hazardous waste streams for bulk and containerized waste streams, grease traps, liquid non-hazardous waste streams, sludge, solids, drums, roll-off containers, empty drums

(e) Evidence of 24-hour emergency response and environmental remediation, including treating and stabilizing, excavating, and handling hazardous and non-hazardous soils, sludges, and debris. These operations should include provisions for associated construction control measures, such as properly contained staging areas, haul roads, storm water and groundwater control, and excavation shoring.

(f) Demonstration of site remediation experience for sites that have been contaminated with hazardous and/or radioactive materials, including evidence of program or project management, survey and sampling plan development, characterization surveys and hazard identification, rapid identification of potential contaminates, accurate and complete profiles of sites, design and implementation of remedial actions, environmental sample processing, final survey and sampling plan development, data packages, and unrestricted release surveys

Confidence pertinent to this acquisition, and it meets or slightly exceeds minimum acceptable standards. Offeror achieved adequate results; there may have been reportable problems with identifiable, but not substantial, effects on overall performance.

Based on the offeror’s performance record, there is a low level of confidence that the offeror will successfully perform the required effort. Changes to the offeror’s existing processes may be necessary in order to achieve contract requirements.

Very Low Level of Confidence

The offeror’s relevant past performance does not meet minimum acceptable standards in one or more areas; remedial action was required in one or more areas. Performance problems occurred in one or more areas which, adversely affected overall performance.

Based on the offeror’s performance record, there is a very low level of confidence that the offeror will successfully perform the required effort.

Neutral In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a) (2) (ii) and (iv)).

c. Price

Offerors that do not propose pricing in accordance with the solicitation guidance may be considered unacceptable and thus precluded from receiving an award.

The Government will evaluate the total proposed price in accordance with Attachment D-B, Sample Task Order in order to determine it is priced in accordance with Attachment D-1, Hazardous Waste Item Line Item Prices and for price reasonableness. The offerors price proposal will be evaluated using techniques described at FAR 13.106-3(a) to determine the price is fair and reasonable. The pricing of Attachment D-B will be the basis of the price evaluation factor.

The Contracting Officer (CO) may send relevant requests for clarification, in writing, to the offeror. The CO may also request clarification of information contained in the pricing quote or any other aspect of the quote. All clarification requests will require a written response from the offeror within the time frame established by the CO.

Responses to clarification question will not be considered “discussions.”

BASIS OF AWARD:

The Government will select the quote that is most advantageous to the Government and shall award an IDIQ contract as a result of this solicitation. By submission of its quote, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, in addition to those identified as evaluation factors.

E.5 Communications Regarding this Solicitation

(a) Questions or comments regarding this solicitation must be submitted in writing, site the solicitation number, and be directed to the following Government representative:

Name: Gail Anton, Acquisition Specialist Email: gail.t.anton@nasa.gov Response Date: February 7, 2022, by 12 noon, PST

Oral questions will not be answered due to the possibility of misunderstanding or misinterpretation.

(b) Questions or comments should be submitted by the response due date to allow for analysis and dissemination of responses in advance of the quote due date. Late questions or comments are not guaranteed a response prior to the quote due date.

(c) Questions or comments shall not be directed to the technical activity personnel.

E.6 FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far NASA FAR Supplement (NFS):

https://www.hq.nasa.gov/office/procurement/regs/NFS.pdf

E.7. SOLICITATION ATTACHMENTS

No. Attachment D-A Past Performance Questionnaire D-B Sample Task Order Price List

E.8 FAR 52.212-3 Offeror Representations and Certification - Commercial Products and Commercial Dervices (Nov 2021)

(a) Definitions. As used in this provision—

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 (v)) of this provision.

PCD 21-03B December 9, 2021

CLASS DEVIATION FROM THE FEDERAL ACQUISITION REGULATION (FAR) FOR EXECUTIVE ORDER

14042, ENSURING ADEQUATE COVID SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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—

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51…