SOLICITATION SP450021R0011 PR 21-BE-045 v09132021.pdf

Combined Synopsis/Solicitation SP450021R0011 has been prepared in accordance with the procedures in FAR 12.603(c)(2)(i‐xvi). The Government requires services to perform removal, transportation, and disposal of RCRA hazardous wastes, non‐RCRA wastes, State‐Regulated wastes, Non‐State Regulated wastes, Universal Wastes, Compressed Gas Cylinders, and Polychlorinated Biphenyls (PCBs) on or around military installations listed in Attachment 3 as well as United States (U.S.) military off‐installation exercises in the Host Nation of Germany. The following additional information is provided in accordance with FAR 12.603(c)(2).

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart

12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) Solicitation SP450021R0011 is issued as a request for proposal (RFP).

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal

Acquisition Circular 2021‐06 Effective 07/12/2021.

(iv) The procurement will be issued on a Full and Open Competition Contract; The IGCE exceeds the threshold of

$7.5 million at FAR 13.003(c)(1)(ii) for use of simplified procedures, so FAR Part 15 Negotiation procedures will be used for the acquisition.

(v) See the attached Price Schedule.

(vi) See the solicitation for a description of the requirement.

(vii) The objective is to award a long‐term contract (LTC) with a 30‐month base period and a 30‐month option period for a single contractor to perform the above services at the Government’s convenience. See the solicitation for a list of pickup locations.

(viii) The provision at FAR 52.212‐1, Instructions to Offerors ‐‐ Commercial, applies to this acquisition. See the solicitation for addenda to the provision.

(ix) The provision at 52.212‐2, Evaluation ‐‐ Commercial Items, applies to this acquisition. See the solicitation for addenda to the provision.

(x) Offerors are advised to include a completed copy of the provision at FAR 52.212‐3, Offeror Representations and Certifications ‐‐ Commercial Items, Alternate I, with your offer.

(xi) The clause at 52.212‐4, Contract Terms and Conditions ‐‐ Commercial Items, applies to this acquisition.

(xii) The clause at 52.212‐5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders ‐‐

Commercial Items, applies to this acquisition. See the solicitation for 52.212‐5 clauses applicable to this acquisition.

(xiii) See the solicitation for additional contract terms and conditions.

(xiv) The Defense Priorities and Allocations System (DPAS) is not applicable.

(xv) Proposals are due by thirty (30) days after solicitation posting. Proposals shall be emailed to bartholomew.dziadosz@dla.mil.

(xvi) Offerors must submit all questions regarding this solicitation in writing via email to Bart Dziadosz at bartholomew.dziadosz@dla.mil. The cut‐off date for the receipt of offeror questions is noon EST fourteen calendar days after solicitation issuance. Questions received after that time may not receive an answer.

SP4500-21-R-0011

ADDITIONAL CONTRACT TERMS AND CONDITIONS

This solicitation incorporates one or more clauses/provisions by reference, with the same force and effect as if they were given in full text. The full text may be accessed electronically at https://www.ecfr.gov/ . Upon request, the Contracting Officer will make their full text available. Incorporated clauses/provisions are those in effect through Federal Acquisition Circular 2021-06, effective 07/12/2021.

CLAUSES THAT APPLY TO THIS ACQUISITION:

DFARS 252.201-7000 Contracting Officer's Representative FAR 52.203-3 Gratuities FAR 52.203-12 Limitation on Payments to Influence Certain Federal Transactions DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7003 Agency Office of The Inspector General FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7009 Limitations on The Use or Disclosure of Third-Party Contractor Reported Cyber Incident

Information DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders DFARS 252.211-7003 Item Unique Identification and Valuation FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Items Deviation 2018-00021 *The following clauses cited under 52.212-5(b) are applicable to this acquisition:

52.203-6, Restrictions on Subcontractor Sales to the Government, Alternate I 52.203-13, Contractor Code of Business Ethics and Conduct 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.222-50, Combating Trafficking in Persons 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-33, Payment by Electronic Funds Transfer --System for Award Management *The following clauses cited under 52.212-5(c) are applicable to this acquisition:

FAR 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost – Modifications, Alt IV

DFARS 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020- O0015)

DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, And Native Hawaiian Small Business Concerns https://www.ecfr.gov/

FAR 52.229-12 Tax on Certain Foreign Procurements FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DFARS 252.232-7010 Levies on Contract Payments DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.243-7002 Requests for Equitable Adjustments DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea—Basic

ADDITIONAL CLAUSES WITH FILL-IN INFORMATION THAT APPLY TO THIS ACQUISITION:

52.216-18 Ordering.

As prescribed in 16.506(a), insert the following clause:

Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the effective dates of the contract through the effective dates of the contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

FAR 52.216-19 ORDER LIMITATIONS

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $200,000.00;

(2) Any order for a combination of items in excess of $500,000.00; or

(3) A series of orders from the same ordering office within 5 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 10 https://www.acquisition.gov/far/16.506#FAR_16_506 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

(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 the 360th day after contract ends.

FAR 52.217-8 OPTION TO EXTEND SERVICES

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days prior to contract expiration.

OPTION PRICE: There is a reasonable likelihood that 52.217-9 will be exercised. Therefore, the option quantities will be evaluated as part of the offeror’s total price in accordance with FAR 17.206. The option period prices will be based on competitive pricing and may be greater than the base period prices. Due to the critical nature of the services, 52.217-8 will be evaluated to ease the administrative burden to exercise it if the circumstances in FAR 37.111 arise that lead to a delay in award of a follow-on contract as hazardous waste needs to continually be removed from sites so generators can avoid Environmental Protection Agency (EPA) storage fines.

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(a) The Government may extend the term of this contract by written notice to the Contractor within 3 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

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):

FAR: https://www.ecfr.gov/ DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

PROVISIONS THAT APPLY TO THIS ACQUISITION:

DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—

Representation FAR 52.209-7 Information Regarding Responsibility Matters FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation FAR 52.212-3 Offeror Representations and Certifications—Commercial Items--Alternate I DFARS 252.215-7008 Only One Offer DFARS 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing

Data—Basic FAR 52.222-21 Prohibition of Segregated Facilities FAR 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FAR 52.222-26 Equal Opportunity DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States DFARS 252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems—Representation

(DEVIATION 2020-O0015)

DFARS 252.225-7974 Representation Regarding Persons that have Business Operations with the Maduro Regime

(DEVIATION 2020-O0005)

FAR 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation DLAD 52.233-9001 Disputes - Agreement to Use Alternative Dispute Resolution

DLAD L06 Agency Protests

ADDITIONAL PROVISIONS WITH FILL-IN INFORMATION THAT APPLY TO THIS ACQUISITION:

FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR: https://www.ecfr.gov/ DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

FAR 52.252-5 AUTHORIZED DEVIATION IN PROVISIONS

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

SOLICITATION: SP450021R0011

1.0 ADDENDA TO FAR 52.212-2 EVALUATION

1.1 SOURCE SELECTION METHOD - BEST VALUE

(a) Trade-off Process.

Past Performance and Price: Award shall be made to the responsible offeror whose proposal conforms to the solicitation and is determined to be the most advantageous to the Government, past performance and price considered.

The offer selected as best value will represent the best trade-off to the Government among past performance and price.

Past Performance will be significantly more important than price.

The Government will determine best value on the basis of an assessment of the following factors:

(1) Past Performance Factor – The Government will evaluate past performance in accordance with the Past Performance Proposal and Evaluation clause in this attachment.

(2) Price Factor – The Government will evaluate the offered prices for price reasonableness in accordance with the requirements of FAR 15.404-1.

(b) Options.

(1) 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 total evaluated price will be for the base period and any option periods, plus an additional twenty percent of the value of the last priced performance period in the price schedule. This additional sum is for evaluation purposes only to address the possible use of FAR 52.217-8, Option to Extend Services, for a period not to exceed 6 months.

(2) Please note that if the 52.217-8 option is exercised, the applicable unit prices for the option will be the same as the immediately preceding period of performance. Therefore, if the option under FAR 52.217-8 is exercised prior to the end of the base period, the unit prices from the base period will be used during the extension period. If the option under FAR 52.217-8 is exercised prior to the end of any option period, the unit prices from the applicable option period will be used during the extension period.

(3) 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).

1.2 EFFICIENCY IN COMPETITION

(a) Offerors are advised that the US Government may not evaluate the past performance proposals of all offerors under this solicitation. The US Government will first review the total evaluated price of all proposals received. The past performance proposals of those offerors whose pricing is determined by the Contracting Officer to be most competitive may be reviewed prior to, or instead of, other past performance proposals received. Based on the initial review of these past performance proposals, the US Government may not evaluate the past performance proposals of other offerors, whose total evaluated pricing was higher than that of one already evaluated and already assigned the highest possible past performance rating. This would occur when the Contracting Officer determines that any possible past performance superiority of an unevaluated (and higher priced) past performance proposal, over (a lower priced) one that was already evaluated and assigned the highest past performance rating, would not warrant any additional price premium.

1.3 PAST PERFORMANCE EVALUATION

(a) Except as noted in paragraph 1.2 Efficiency in Competition, the Government will conduct a Performance Confidence Assessment for each offeror based upon submitted current, relevant PPI as it relates to the expectation of the offeror being able to successfully perform the requirement. There are two aspects to this evaluation: (1) The determination of relevance to this solicitation in scope, magnitude and complexity and (2) How well the offeror performed on its contracts. Past performance will be rated on an adjectival scale. Thus, an offeror with a higher confidence assessment rating for past performance will have a higher expectation of meeting the solicitation requirements than a firm with a lower confidence assessment rating. The Government’s subjective evaluation of the overall quality of an offeror’s submitted PPI will be a factor in determining the relative merits of that offeror’s proposal and in selecting for award an offeror whose proposal is considered the best value to the Government.

(b) In addition to using independently submitted and timely questionnaires received in evaluating past performance, the Government may consider information in the offeror’s proposal using readily available information obtained from other sources, including but not limited to the Contractor Performance Reporting System (CPARS), DLA Disposition Services personnel administering DLA Disposition Services contracts, past and present customers and their employees, other government agencies, including state and local agencies, consumer protection organizations and better business bureaus, former subcontractors, and others who may have relevant information. The Government may also consider negative information for contracts that are not included in the offeror’s past performance proposal if it is determined that the offeror did not identify that contract due to performance problems and/or the contract was for hazardous waste disposal services with the same or similar requirements as the solicitation within the last 2 years.

(c) Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. This is a matter of judgement.

Offerors will be given an opportunity to address especially unfavorable reports of past performance, and an offeror’s response, or lack thereof, will be taken into consideration.

(d) In the case of an offeror without an identifiable record of past performance or for whom information on past performance is unavailable and/or a corresponding PPI questionnaire was not independently received by the Government before the date offers are due, the offeror will not be assessed either favorably or unfavorably on Performance Confidence, as the degree of confidence known to the Government cannot be adequately determined and is therefore unknown.

SOLICITATION: SP450021R0011

1.0 ADDENDA TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS

1.1 PERIOD FOR ACCEPTANCE OF OFFERS

FAR 52.212-1(c) is revised as follows: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers.

1.2 ELECTRONIC (PAPERLESS) PROPOSAL RESPONSE REQUIRED

(a) DLA Disposition Services will not accept paper proposals/offers in response to this solicitation. You are required to submit your offer via email. Offers submitted in paper form are unacceptable and will be returned. You must submit your proposal and any supplemental information (such as spreadsheets, backup data, and technical information), using any of the following acceptable formats:

(1) Files readable using these Microsoft Office Products: WORD, EXCEL, POWERPOINT, or ACCESS. Spreadsheets must be sent in a file format that includes all formulas, macro and format information. Print image (scanned document that cannot show the calculations) is not acceptable.

(2) Files in Adobe PDF (Portable Document Format).

(3) Files in HTML (Hypertext Markup Language): HTML documents must not contain active links to live Internet sites or pages. All linked information must be contained within your electronic offer and be accessible offline.

(4) Other electronic formats: Before preparing your offer in any other electronic format, you must send an e-mail to bartholomew.dziadosz@dla.mil to obtain a decision as to the format’s acceptability. This e-mail must be received no later than ten calendar days before the closing date. Failure to e-mail within this timeframe to seek an alternate format’s acceptability may result in rejection of your submission. All alternate methods must be at no cost to the Government.

(b) Offers are submitted at the Contractor’s risk. DLA Disposition Services cannot guarantee the security of the offer. If you choose to password-protect your offer, you must provide the password before the closing date. Contact bartholomew.dziadosz@dla.mil to arrange a means of providing it. Information technology security software is currently in use which may block transmission of messages/proposals if the email or attachment(s) contain anything that is suspected of containing viruses or malicious content. Offerors shall make every effort to ensure that their submission is virus-free. Submissions (or portions thereof) submitted which do reflect the presence of a virus, or which are otherwise rendered unreadable in their electronic format, shall be excluded from further consideration.

(c) Offerors are advised to verify receipt of their proposal well before the time due for bids, in order to allow time for alternate means of transmission, if needed. Offerors remain responsible for ensuring proposals are received on time.

Late rules are outlined in FAR 52.212-1(f).

1.3 BASIC AND OPTION PERIOD UNIT PRICING – ATTACHMENT 1

(a) Offerors are cautioned against offering more than one price, a range of prices, or a split bid with respect to any contract line item and are advised that, for purposes of this procurement, DLA Disposition Services will consider any such method of pricing to be a material deviation from the bid schedule and/or a nonconforming proposal that will be excluded from further consideration. Offerors must list only one price for any individual CLIN in any single contract period.

mailto:bartholomew.dziadosz@dla.mil mailto:bartholomew.dziadosz@dla.mil

(b) Zero ($0.00) FINAL unit pricing will NOT be accepted. The final unit price on each individual CLIN must be either a positive or negative dollar value. Any proposal submitted containing $0.00 final unit pricing will be excluded from further consideration.

1.4 PAST PERFORMANCE PROPOSAL

I. Past Performance Information (PPI) Instructions

(1) The offeror shall provide PPI for up to 3 contracts where they were the prime or a subcontractor performing the same or similar services within the last 2 years. Within the three contract limit the contractor can also provide principal subcontractor past performance.

(2) For each contract provide: a valid name and telephone number, contract number, contract type, dollar value, contract award date and completion date, description of work performed, and name and e-mail address of a point of contact. If submitting a contract performed as a subcontractor, include information on the extent of the work performed in relation to the contract as a whole. The description of work performed for each contract shall be in sufficient detail to explain how it is the same or similar to the requirements of the instant solicitation in areas such as number of pickup locations, complexity, scope, and magnitude of the services to determine the relevancy of the referenced work. Additionally, if performance deficiencies occurred, the offeror shall identify what the deficiencies were and detail what corrective action it took, if any. Offerors may meet these requirements by including a completed page 2 of the questionnaire within Volume II of their offer.

(3) If an offeror elects to provide principal subcontractor past performance, the offeror shall provide the principal subcontractor’s consent allowing the Government to disclose negative past performance information to the offeror.

(4) The Government will evaluate up to three contracts submitted by the offeror. If an offeror identifies more than three contracts in its past performance proposal, the Government will evaluate the first three contracts in the order listed in the offeror’s past performance proposal. Current or past contracts with Defense Logistics Agency (DLA) Disposition Services will not be used for evaluation unless they are identified in the past performance proposal (See II(2) below for exception of using PPI for contracts not identified).

(5) Attachment 15 contains a PPI questionnaire that is used to evaluate an offeror’s past performance. The offeror shall provide the PPI questionnaire in Attachment 15 to the past performance reference for contracts it identifies in its proposal. The past performance reference must independently submit the completed PPI questionnaire to the point of contact listed in the solicitation for submittal of offers prior to the closing date of the solicitation. A completed PPI questionnaire for a reference is not required for any DLA Disposition Services Hazardous Waste Disposal contract that is included in an offeror’s past performance proposal. The Government will not consider in an offeror’s evaluation any completed PPI questionnaire received after the date offers are due or directly from the offeror for that reference in the past performance evaluation unless the Government has other past performance data readily available (see II (2) below) to evaluate the reference. Offerors are responsible for ensuring their references submit PPI questionnaires directly to the point of contact listed in the solicitation for submittal of offers; the Government will not be contacting references to obtain a questionnaire/survey on behalf of the offeror.

(6) The submission of a past performance Volume II is required from all offerors. If offerors do not have any past performance, they must at least identify a Volume II in their proposal and state they do not have any past performance to provide. Otherwise, they may be considered non-responsive and excluded from the competition. If the Government only receives a completed PPI questionnaire from a past performance reference and there is no information in an offeror’s proposal regarding that reference, the reference will not be evaluated or considered as a reference for the offeror’s past performance proposal.

II. Evaluation of Past Performance

(1) The Government will conduct a Performance Confidence Assessment for each offeror based upon submitted current, relevant PPI as it relates to the expectation of the offeror being able to successfully perform the requirement. There are two aspects to this evaluation: (1) The determination of relevance to this solicitation in scope, magnitude, and complexity and (2) How well the offeror performed on its contracts. Past performance will be rated on an adjectival scale. Thus, an offeror with a higher confidence assessment rating for past performance will have a higher expectation of meeting the solicitation requirements than a firm with a lower confidence assessment rating. The Government’s subjective evaluation of the overall quality of an offeror’s submitted PPI will be a factor in determining the relative merits of that offeror’s proposal and in selecting for award an offeror whose proposal is considered the best value to the Government.

(2) In addition to using independently submitted and timely questionnaires received in evaluating past performance, the Government may consider information in the offeror’s proposal using readily available information obtained from other sources, including but not limited to the Contractor Performance Reporting System (CPARS), DLA Disposition Services personnel administering DLA Disposition Services contracts, past and present customers and their employees, other government agencies, including state and local agencies, consumer protection organizations and better business bureaus, former subcontractors, and others who may have relevant information. The Government may also consider negative information for contracts that are not included in the offeror’s past performance proposal if it is determined that the offeror did not identify that contract due to performance problems and/or the contract was for hazardous waste disposal services with the same or similar requirements as the solicitation within the last 2 years.

(3) Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. This is a matter of judgement.

Offerors will be given an opportunity to address especially unfavorable reports of past performance, and an offeror’s response, or lack thereof, will be taken into consideration.

(4) In the case of an offeror without an identifiable record of past performance or for whom information on past performance is unavailable and/or a corresponding PPI questionnaire was not independently received by the Government before the date offers are due, the offeror will not be assessed either favorably or unfavorably on Performance Confidence, as the degree of confidence known to the Government cannot be adequately determined and is therefore unknown.

1.5 PROPOSAL SUBMISSION FORMAT AND CONTENT – HAZARDOUS WASTE DISPOSAL SOLICITATIONS

The following describes the information which must be furnished as part of the proposal and the format in which it must be presented. Proposals which do not provide the required information in the prescribed format may be excluded from further consideration.

(a) FORMAT: Proposals shall be submitted in distinctly severable parts consisting of the following volumes: Volume I, Volume II, and Volume III (if applicable). Electronic proposal submissions shall consist of one copy, with separately titled files for each volume, as follows:

(1) VOLUME I: Proposal Certifications and Price Schedule;

(2) VOLUME II: Past Performance Information.

(b) MINIMUM CONTENT:

(1) VOLUME I (Proposal Certifications and Price Schedule) shall contain, but not be limited to:

(i) Submission requirements of 52.212-1(b);

(ii) The completed schedule of prices for each period of performance;

(iii) The completed DLA Disposition Services - Contractor Representative; and

(iv) 52.212-3, Offeror Representations and Certifications Commercial Items.

(2) VOLUME II (Past Performance Information) shall contain the following:

See clause Past Performance Proposal and Evaluation for past performance proposal submittal requirements.

PERIOD FOR ACCEPTANCE OF OFFERS, 52.212-1(c ) is revised as follows: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of initial offers.