Amendment_1_Provision_Revisions.pdf

Environmental Services and Operations (ESO)

SOL-R1-14-00003/Amendment 1

Provision Revisions

K-1 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (JAN 2016)

(a)(1) The North American Industry classification System (NAICS) code for this acquisition is 562910.

(2) The small business size standard is 750 employees.

L-14 Local Clauses EPA-L-09-102 DISCLOSURE REQUIREMENTS FOR ORGANIZATIONAL

CONFLICT OF INTEREST

(a) The Section K provision entitled, ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION

(EPAAR 1552.209-72), requires the offeror to certify that it is not aware of any potential organizational conflicts of interest. If the offeror cannot so certify, then the Section L provision entitled, ORGANIZATIONAL CONFLICT OF

INTEREST NOTIFICATION (EPAAR 1552.209-70), requires the offeror to provide a disclosure statement with its proposal describing all relevant information concerning any past, present, or planned interests bearing on whether it

(including its chief executives and any directors, or any proposed consultant or subcontractors) may have a potential organizational conflict of interest. The Section M provision entitled, EVALUATION OF ORGANIZATIONAL

CONFLICT OF INTEREST DISCLOSURE STATEMENT (EPA-M-09-102), indicates how the disclosure statement will be evaluated.

(b) EPA considers an offeror to have a significant potential for conflict of interest if that offeror currently, or within the past 2 years, holds a prime contract or subcontract to provide CERCLA site assessment, removal, or remedial work or any related services or RCRA corrective action services for any federal agency or department other than

EPA at the sites listed in Attachment 11 – List of Federal Facility Sites. A potential conflict of interest could exist if any of the offeror’s teaming/joint venture partners currently, or within the past 2 years, provide any CERCLA or

RCRA services at a federal facility for any federal agency or department other than EPA.

(c) Firms responding to this solicitation are required to disclose any such business relationships at all of the federal facility sites listed in Attachment 11. The disclosure statement must address actual and potential organizational conflicts of interest within the offeror's entire corporate umbrella, including parent company, sister companies, affiliates, subsidiaries, and other interests held by an offeror. In addition to identifying actual and potential organizational conflicts of interest, the disclosure statement shall describe how any such conflict can be avoided, neutralized, or mitigated. Ultimately, avoidance, neutralization, and mitigation of conflicts of interests will be dealt with at the task order level.

(d) The purpose of requiring the information covered by paragraph (c) above is to provide the Agency with an opportunity to assess its vulnerabilities relative to organizational conflicts of interest of individual offerors prior to award. The Agency recognizes that there exists a need for firms to gain the requisite technical experience necessary to fulfill the requirements of the proposed contract and that such experience is often gained through provision of consulting or related technical services to firms who are involved in these activities. Accordingly, the fact that a firm has, or plans to work for a company who is involved in these activities will not necessarily disqualify the firm for consideration for award on the basis of actual or potential conflicts of interest. The more dependent a firm is on commercial work that relates to these activities, the greater the risk to the Agency that there will arise during contract performance a significant number of conflict of interest situations which would preclude the Agency from using the contractor's support. There is no set formula for determining how much corporate business involving these activities would result in a determination by the Contracting Officer that award to a particular offeror would not be in the best interest of the Government due to organizational conflicts of interest concerns; each offeror will be evaluated individually on the basis of the information disclosed pursuant to the requirements of this provision and upon the adequacy of the offeror's plan for avoiding, neutralizing, or mitigating such conflicts. In summary, the

Agency is seeking a technically qualified firm which can demonstrate that its corporate base of activities will not impact its ability to provide unbiased work products to the Agency under the proposed contract.

L-22 Local Clauses EPA-L-36-101 PROPOSAL INSTRUCTIONS

VOLUME-SPECIFIC INSTRUCTIONS:

I. VOLUME I: PAST PERFORMANCE AND TECHNICAL PROPOSAL INSTRUCTIONS:

Tab 3 – Factor 1: Past Performance

Note: Tab 3 will account for 17 pages of the total 52 page count limitation for the Volume I. More specific parameters are defined below.

3.1 Project Examples

The offeror will provide up to eight projects performed within the last five years, which demonstrate the offeror’s experience, which may include its team subcontractors’/partners’ experience, in performance of work similar to tasks in the ESO performance work statement (PWS). There is no minimum percentage of completion for a project as the relevancy of the project may vary depending on the size of the project. Projects older than five years are allowable as long as some portion of the performance was completed within the last five years from the due date of proposals under this solicitation. The onus is on the offeror to present projects relevant to the ESO PWS. Projects submitted must have been executed by the offeror, or a team member, as either a prime contractor or a subcontractor. In order for a team member’s performance to be considered, a fully executed Teaming Agreement must be included with this proposal. The fully executed Teaming Agreement is to be submitted as part of Volume II, Price Proposal. Please see the Volume II instructions below for more information.

A project may encompass entire contracts, orders, agreements, etc. and/or highlight individual projects. If an indefinite delivery indefinite quantity (IDIQ) type contract is submitted as a project, the offeror is to adequately describe the specific technical areas performed.

M-3 Local Clauses EPA-M-09-102 EVALUATION OF ORGANIZATIONAL CONFLICT OF INTEREST

DISCLOSURE STATEMENT

The disclosure statement described in the Section L provision entitled, "Disclosure Requirements for Organizational

Conflict of Interest" will be evaluated as acceptable or not acceptable. Notwithstanding the evaluation of an offer with respect to the technical evaluation criteria or the evaluation of an offeror's cost, an offeror who submits a disclosure statement that ultimately is unacceptable at time of award will not be eligible for a contract award. A contractor having conflicts of interests at the sites listed in Attachment 11 would not cause a disclosure statement to be rated as unacceptable and would still eligible for award. Organizational conflicts of interest at the sites listed in

Attachment 11 will not affect an offeror’s ability to be awarded an ESO contract.