Riley Offutt Solicitation and Contracts Instruction SP4500-12-R-0008 .pdf

DLA DISPOSITION SERVICES

Solicitation and Contract Instructions and Information

CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES BASE OPERATIONS SUPPORT

SYSTEM (BOSS), PHASE II ONLY

(a) In order to process the tracking and payments of completed delivery orders more quickly, a contractor must designate personnel within their organization to be assigned a DLA Disposition Services login to perform input of data in the Base Operations Support System (BOSS). DoD 5200.2-R, DoD Personnel Security Program, requires DoD military and civilian personnel, as well as DoD consultant and contractor personnel, who perform work on sensitive automated information systems (AISs) be assigned to positions that are designated at one of three sensitivity levels (ADP-I, ADP-II, ADP-III). These designations equate to Critical Sensitive, Non-critical Sensitive, and Non-Sensitive. DLA has implemented the DoD policy in paragraph 3-101 of DLAR 5200.11, DLA Personnel Security Program.

(b) Effective March 1, 2009, a DoD PKI Certificate will be required to access BOSS. This is a DoD mandate which states that any user accessing a private DoD web site must have a DoD PKI certificate to access the site. All individuals requesting access to BOSS will need to obtain certificates from an External Certificate Authority (ECA). ECAs provide digital certificates to the DoD’s private industry partners, contractors using their own equipment or working in non-government facilities, allied partners, and other agencies. Approved ECA Vendors are listed below. The following site provides additional FAQs on the subject of ECA:

http://iase.disa.mil/pki/eca/index.html.

Operational Research Consultants, Inc (ORC) http://www.eca.orc.com.

Verisign, Inc. http://www.verisign.com/verisign-business-solutions/public-sector-solutions/ieca-eca-certificates/index.html.

IdenTrust http://www.identrust.com/certificates/eca/index.html.

(c) The contractor shall assure that individuals assigned to perform input of data into BOSS, determined to be an ADP-III position, complete and provide the appropriate information for the investigative requirement.

The required documents and instructions are located at http://www.dispositionservices.dla.mil/special/misc/IT-3info.pdf

(d) The above mentioned forms (SF 85P, SAAR-DD2875, the DLA Information Assurance General Rules of Behavior, OF306, fingerprint card, and copy of birth certificate, passport or naturalization papers) will be submitted to the address below. Any questions in regards to the forms, or for fingerprint cards, please contact: Linda Brown, 269-961-7102, linda.j.brown@dla.mil

DLA Disposition Services, J-7 ATTN: Linda Brown Hart-Dole-Inouye Federal Center 74 North Washington Avenue Battle Creek, MI 49037-3092

(e) Once login authority has been assigned, DLA Disposition Services will notify the contractor and provide detailed instructions for using the login.

(f) For those contractors that have no experience with BOSS, training will be provided by DLA Disposition Services at no additional cost.

http://iase.disa.mil/pki/eca/index.html http://www.eca.orc.com/ http://www.verisign.com/verisign-business-solutions/public-sector-solutions/ieca-eca-certificates/index.html http://www.verisign.com/verisign-business-solutions/public-sector-solutions/ieca-eca-certificates/index.html http://www.identrust.com/certificates/eca/index.html http://www.dispositionservices.dla.mil/special/misc/IT-3info.pdf mailto:linda.j.brown@dla.mil

(g) An offeror who is unable or unwilling to obtain the information listed above will not be eligible to receive award on this solicitation only.

(h) All contractor personnel provided Government furnished computer access shall observe local AIS security policies and procedures. Violations of local AIS security policy, such as password sharing, will be evaluated on a case-by-case basis. If the Government has requested removal of contractor employees because of AIS violations, the contractor shall provide an appropriately trained substitute or substitutes.

The contractor shall notify the Contracting Officer within 24 hours, when for reasons of personnel resignation, reassignments, terminations, or completion of portions of contract, of contractor personnel no longer requiring access to BOSS.

PERIOD OF PERFORMANCE – INCLUDING DISPOSAL AND REMOVAL

(a) The Contractor shall begin contract performance upon issuance of each written task order and provide all services listed on the Bid Schedule in accordance with all terms and conditions of this contract. Task orders against this contract may be written for a period of 54 months from date of award.

(b) All items shall be removed from the Government facilities within 30 calendar days after issuance of each written task order except as noted below. Removals, regardless of their performance timeframe, will not commence until the COR or other Government representative has confirmed the identity of the driver via a current Commercial Driver’s License (CDL). Disposal of all items identified in this contract shall be completed as follows; within two hundred twenty-five (225) calendar days after issuance of each written task order for hazardous items with a final disposal method other than destructive incineration. For hazardous items that must be disposed of via destructive incineration, disposal of all items shall be completed within three hundred fifteen (315) calendar days after issuance of each written task order.

(c) After issuance of written task order, Management Services CLINs (6600 series CLINs) will be performed within the timeframes specified as follows.

*Expedited Removal CLIN 6330 – 15 calendar days, 6331 – 10 calendar days, 6332 – 7 calendar days, 6333 – 5 calendar days, 6334 – 3 calendar days, 6335 – 1calendar day, Roll-Off placement – CLINs 6372 – 6372, 6373, Expedited Performance – CLIN 6601, All other CLINs – 30 calendar days

(d) All work under this contract, including submittal of all required reports and disposal documentation shall be completed/submitted to the Contracting Officer within two hundred seventy (270) calendar days after issuance of each written task order for hazardous items with a final disposal method other than destructive incineration. For hazardous items which must be disposed of via destructive incineration, all work under this contract, including submittal of all required reports, and disposal documentation shall be completed/submitted to the Contracting Officer within three hundred sixty (360) calendar days after issuance of each written task order.

INDEMNIFICATION

Upon receipt/removal of items from the various Government installations the contractor assumes full accountability and physical custody of such items. The Government assumes no liability for any damage to the property of the Contractor, to the property of any person, or public property or for personnel injuries, illness, disabilities or death to the Contractor, Contractor’s employees, and any other person subject to the Contractor’s control or any other person including members of the general public; caused in whole or in part by, a) the Contractor’s breach of any term or provision of this contract; or, b) any negligent or willful act or omission of the Contractor, its employees or subcontractors in the performance of this contract. The Contractor also agrees to hold the Government harmless and indemnify the Government for any and all costs, including those that arise from violation of RCRA, CERCLA or any similar state enforcement programs under which the government incurs environmental clean-up or response costs, judgments, action, debt, liability costs and attorney’s fees or any other requests for monies or any other type of relief arising from or incident to the processing, transporting, and disposal of any subsequent operation performed upon, exposure to or contact with any component, part, constituent or ingredient of this item, material or substance, whether intentional or accidental.

REPORTING REQUIREMENTS

(a) If the contractor uses a TSDF, which requires the generator(s) of hazardous waste to register with an out-of-state hazardous waste management facility prior to utilizing the facility, then the contractor must adhere to the requirements of Section 1.1.1, and DLA Disposition Services Instructions.

(b) The contractor shall prepare and provide a Summary Manifest Report, including the completed manifest documents, to the generator through the COR for filing with the state regulator offices. This Summary Manifest Report will be provided in sufficient time to allow the generators to file the reports within the time frames allotted by each state. The required time frame will be established and documented when the Notification of Regulated Waste Activities form is submitted to the generator through the COR (see Section 1.1.2.).

(c) The content of this Summary Manifest Report will be in accordance with the regulations of the state requiring the report.

PACKAGING, MARKING AND LABELING

(a) The contractor shall package, mark, label and placard all items in such a manner that all applicable Federal, state, and local EPA and DoT regulations are met. Packaging, shipping names, marking, labeling, placarding, etc., under the terms of this contract will be in accordance with 49 CFR. If items must be packaged for proper shipment, the contractor shall perform such repackaging and furnish all required materials. When repackaging is necessary, the contractor shall be responsible for disposal of the original container and for packaging in a manner that complies with all applicable Federal, state, and local EPA and DoT regulations (49 CFR). The contractor shall provide and affix the appropriate placards to each vehicle prior to leaving Government premises.

(b) If the contractor elects to package compatible items in the same container, the contractor must provide an all-inclusive packing list showing each item and its respective quantity. This list shall be placed outside the outermost container. A copy of the packing list must be attached to the manifest. Contractor furnished overpack containers and materials will not be included in the total weight calculations for payment purposes.

(c) The contractor shall not package RCRA or state regulated waste (CLINS 9101 through 9899) together with non-regulated waste (CLINS 9901 through 9999)

PLACES OF GOVERNMENT INSPECTION

(a) All services will at all times be subject to inspection by the contracting officer and his/her authorized representatives to include authorized contract audit companies. The Government and or its representatives shall have the right to inspect and obtain copies of all written licenses, permits, and approvals issued by any governmental entity or agency to the contractor or its subcontractors which are applicable to the performance of services under this contract; to inspect and test, at its own expense, transportation vehicles or vessels, containers, and disposal facilities provided by the contractor; and to inspect the handling, loading, transportation, storage and disposal operations conducted by the contractor or its subcontractors in the performance of this contract.

(b) The Government and or its representatives shall be afforded free access to any facility used by the contractor and any subcontractors in performing services under this contract, including offices and facilities where contract-related records are retained. Government inspections of contractor facilities may be scheduled or unscheduled, i.e., announced or unannounced. The purpose of these inspections is to assist the Government in determining the conformance of services with contract requirements.

(c) The contractor is solely and exclusively responsible for the quality of all services performed under this contract. The Government's right to conduct inspections at Government, contractor, or subcontractor facilities does not relieve the contractor of this responsibility. Neither Government failure to make such inspection, nor failure to discover nonconforming services, shall prejudice the rights of the Government thereafter to reject services, nor relieve the contractor of its obligation to perform work strictly in accordance with the contract.

(d) The contractor, in its agreements with subcontractors, shall ensure that the inspection rights described herein are afforded the Government and or its representatives by each subcontractor performing services under this contract.

(e) As part of the U.S. Government’s right to conduct inspection of services under this contract, it shall be allowed to obtain information from host nation regulators that may be relevant to assessing the contractor’s history of, or current, compliance with host nation environmental law and regulations.

CONTRACTOR REPRESENTATIVE

(a) The contractor shall provide, in the space below, the name and telephone number of at least one responsible individual who will serve to respond to operational problems and emergencies on a twenty-four hour basis.

(b) The contractor agrees that notice to the contractor representative(s) listed constitutes notice to the contractor, and agrees to be bound by any commitments or representations made by this representative.

NAME

TITLE

PHONE NUMBER

24 HOUR EMERGENCY NUMBER

CONTAINERS

The type and size containers that will be used to turn materials in to the DLA Disposition Services Office will vary and may not be known prior to actual turn-in. Although the expected type of container is generally specified in the inventory, the actual furnished container utilized may include any potential commercial packaging, including but not limited to: one-half pint cans; cardboard cases; bottles/cans; 1 quart bottles/cans; 1 gallon cans; 5 gallon cans; 30 gallon and 55 gallon drums; 85 gallon overpack drums; and bulk tanks.

Containers are not guaranteed to be full. Payment is based on the actual total weight of the Government furnished containers and contents. When items are contained in tanks larger than 119 gallon capacity, the contents only are to be disposed of under the bulk CLIN. Individual bulk tanks, over 119 gallon capacity will be disposed of as a separate CLIN.

INCIDENTAL FEES

Any incidental state or local fee, tax or penalty assessed against DoD/ DLA Disposition Services arising from the contractor’s decisions in the performance of this contract will be paid by the contractor, including, but not limited to: Any fee, tax, or penalty levied as a result of a contractor’s failure to prepare and provide reports and/or documents required as part of the performance of this contract.

DLA DISPOSITION SERVICES ELECTRONIC PROPOSAL GUIDANCE

(a) You must submit your offer via paperless electronic media (see paragraph (b) below) with the information required by FAR 52.215-1(c), FAR 52.212-1 and DLA Disposition Services Solicitation and Contract Instructions and Information. Offers submitted in paper form are unacceptable and will be returned. You must submit your electronic proposal and any supplemental information (such as spreadsheets, backup data, and technical information), using any of the following acceptable electronic 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/quote in any other electronic format, you must send an e-mail to the P.O.C. at: thomas.connors@dla.com to obtain a decision as to the format’s acceptability. This e-mail must be received by the P.O.C. no later than ten calendar days before the closing date. Failure to e-mail the P.O.C. 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.

NOTE: The above formats may be submitted in compressed form using self-extracting files.

(b) Acceptable media: You must submit your offer or quote via CD ROM or E-mail. Identify the software application, and version, that you used to create each file submitted.

(1) CD ROM via U.S. Mail or other carrier: Offerors shall label any and all submitted disks with the solicitation number and closing date, and the offeror’s name and address and contact phone number.

Envelopes containing disks must be labeled per FAR 52.215-1(c). Your attention is also called to the entirety of that provision—all contained therein is applicable to paperless electronic offers. In the event of multiple submitted offers, place each offer/submission on its own disk(s) (one offer can comprise multiple disks). You must also submit only one offer/submission per envelope. Submit ONLY ONE (1) of each disk (no additional copies required).

(2) E-MAIL: If you choose to use e-mail, mail your offer/quote to: hazardouscontractseast@dla.mil.

Questions should also be emailed directly to the P.O.C. The subject line of the e-mail must read “OFFER/QUOTE – [solicitation number], COMPANY NAME, CLOSES [closing date].” Use only one of the terms OFFER or QUOTE depending on what it is you are submitting.

Maximum size of each e-mail message shall be three and one-half (3.5) megabytes. Any compressed files must be self-extracting, and you must provide appropriate instructions. You may use multiple e-mail messages for each submission; however, you must annotate the subject lines as described above for each message, and number them in this manner: “Message 1 of 3, 2 of 3, and 3 of 3.” Offers/quotes submitted by E-mail are submitted at the Contractor’s risk. DLA DISPOSITION SERVICES cannot guarantee the security of the offer/quote if it is submitted via E-mail.

NOTE: Please select only one medium by which to transmit each submission. For instance, do not submit an offer via CD ROM AND e-mail.

(c) Lateness rules for submitted disks and e-mail submissions are outlined in FAR 52.215-1 and FAR 52.212-

1(f). Pay particular attention to the provisions that relate to the timing of e-mail submissions.

(d) Security Note: If you choose to password-protect your offer, you must provide the password to DLA

DISPOSITION SERVICES before the closing date. Contact the P.O.C. (identified in paragraph (a)(4)) to arrange a means of providing it.

(e) Electronic submissions must include, as a minimum:

(1) Signature: If submitting a scanned version of a completed SF1449 cover sheet, a signature must be present on the document. If you choose to submit your offer/quote on a CD-ROM per b (1)) above (and you do not wish to include a scanned signed copy of the SF1449) you must clearly mark the label of the CD with the solicitation number, company name, along with the printed and signed name of person authorized to submit the offer/quote. Authentication for e-mailed submissions is verified by the offeror’s return address. E-mail submission received from a third party is not acceptable.

(2) All applicable fill-in provisions.

(3) A statement of agreement to all the terms, conditions, and provisions of this solicitation.

(4) Any other information required by the solicitation.

(f) See FAR 15.207(c) for a description of the steps the Government shall take with regard to unreadable offers.

(g) Offerors shall make every effort to ensure that their submission is virus-free, due to information technology security software 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 are cautioned to contact the Contracting Officer 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 by the Contracting Officer before the specified time, and extensions will not be granted in the event a particular offeror’s proposal is found to have been blocked. Submissions (or portions thereof) submitted which DO reflect the presence of a virus, or which are otherwise rendered unreadable by damage in either physical or electronic transit, shall be treated as “unreadable” per paragraph

(f) above.

mailto:hazardouscontractseast@dla.mil

PROPOSAL SUBMISSION FORMAT AND CONTENT – HAZARDOUS WASTE DISPOSAL

SOLICITATIONS (COMMERCIAL/NON-COMMERCIAL)

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. Proposal submissions are required to contain an original and two copies, unless being submitted electronically. 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.

(iii) DLA Mentoring Business Agreement (when DLAD 52.219-9002 is included in the solicitation, this is an elective, invited submission for all offerors).

(b) MINIMUM CONTENT:

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

(i) Solicitation cover form completed and signed by an authorized representative on behalf of the offeror, in accordance with DLA Disposition Services - Electronic Proposal Guidance:

a. COMMERCIAL Solicitations- The Standard Form (SF) 1449, Solicitation/

Contract/ Order for Commercial Items.

(ii) The completed schedule of prices for each period of performance, in accordance with the requirements of DLA Disposition Services - Basic and Option Period Unit Pricing.

(iii) The completed DLA Disposition Services - Contractor Representative.

(iv) The offeror’s response for –

a. COMMERCIAL Solicitations – 52.212-3, Offeror Representations and Certifications Commercial Items.

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

(i) Prepared in accordance with DLA Disposition Services - Past Performance Information, for the offeror’s submission –

a. PPI Collection Document – Part 1 (Mandatory for all offerors)

b. PPI Collection Document – Part 2 (Required if applicable, see PPI Collection

Document - Part 1 for requirements)

c. PPI Collection Document – Part 3 (Required if applicable, see PPI Collection Document - Part 1 for requirements)

d. PPI Collection Document – Part 4

(ii) All other applicable and required PPI Collection Documents for the type(s) of PPI being provided as part of the proposal shall be prepared in accordance with DLA Disposition Services – Past Performance Information, and submitted under separate cover as per the instructions in PPI Collection Document – Part 1

(iii) DLA Mentoring Business Agreement (MBA) (optional, see (a)(3)(iv)) – prepared in accordance with the requirements of DLAD 52.219-9002.

ELECTRONIC (PAPERLESS) PROPOSAL RESPONSE REQUIRED

DLA Disposition Services will not accept paper proposals/offers in response to this solicitation. You are required to submit your offer via electronic media as described in the section marked DLA Disposition Services Electronic Proposal Guidance.

EVALUATION FACTORS (CONUS) SMALL BUSINESS SET-ASIDE

Source Selection Method – Best Value (FAR 15.101)

(a) Trade-off Process Non-price Factors 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, non-price factors and price considered. The complexity of the required services demands that the offeror possess a proven record of past performance that promotes the probability of performance success and a low risk to the Government. The offer selected as best value will represent the best trade-off to the Government among non-price factors and price.

In accordance with FAR 15.304(e), all non-price factors, when combined, will be significantly more important than price.

The Government will determine best value on the basis of an assessment of the following factors and significant sub-factors listed in descending order of importance:

(1) Past Performance factor –

a. Significant Subfactors – (all subfactors are of equal importance)

i. Quality of Product or Service

ii. Schedule

iii. Business Relations

iv. Management of Key Personnel

The Government will evaluate past performance in accordance with the requirements of the DoD Source Selection Procedures, dated 4 March 2011, and DLA Disposition Services - Past Performance Information.

(2) Price factor – The Government will evaluate the offered prices (FAR 15.304(c)(1)) for price reasonableness in accordance with the requirements of FAR 15.404-1.

(3) DLA Mentoring Business Agreement (MBA) factor –

The Government will evaluate an offeror’s response for current or proposed participation in the DLA MBA program, in accordance with the requirements of DLAD 52.219-9002.

(b) Best Value Determination After concluding individual offeror evaluations, comparisons will be accomplished between offers to determine which offer represents the best value to the government, non-price factors and price considered.

PAST PERFORMANCE INFORMATION (PPI)

The Government will conduct a Performance Confidence Assessment for each offeror based upon submitted current, relevant Past Performance Information (consisting of Past Performance (PP) references) as it relates to the probability of the offeror being able to successfully perform the requirement. 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 the offeror’s proposal, and in selecting for award the offeror whose proposal is considered the best value to the Government.

(a) Requirement for Past Performance Information

(1) The offeror is required to submit PPI that will support a qualitative review of past performance. This information may include PPI submitted for the offeror’s (Prime’s) firm, and/or the offeror’s proposed Principal Subcontractor’s firm for the requirement, and/or the offeror’s proposed Key Personnel for the requirement. Past performance, as it relates to the Government’s review, is defined as reflecting how well (quality) the particular Contractor or Key Personnel performed the PP work effort. a. If the offeror elects to provide Principal Subcontractor PPI, the offeror shall have the Principal Subcontractor submit written consent authorizing the Government to use the firm’s PPI for evaluation purposes and to disclose any negative PPI for the firm to the offeror. Such written consent shall be submitted to the Government as part of the PPI Collection Documents provided for the offeror’s proposal (see (c) below).

b. Key Personnel are those primary individuals that will work directly on the resultant contract. Offerors are advised to ensure their understanding of this definition, as the Government will only consider for evaluation purposes the PPI of Key Personnel as identified in the PPI Collection Documents submitted for the offeror’s proposal (see (c) below).

(2) The Government will evaluate PPI that is current (within three years), and relevant (of same or similar nature) to the requirements of the solicitation. Relevancy considers those aspects of an offeror’s past performance that provide the greatest ability to measure whether the offeror will be successful in performing the current requirement. The aspects of relevancy for this acquisition are: location, complexity, scope, and magnitude.

How relevant a recent work effort (PP reference) accomplished by the offeror (Prime), and/or the proposed Principal Subcontractor, and/or the proposed Key Personnel, is to the current requirement will be determined by the Government.

(b) Sources for Past Performance Information

(1) PPI may be comprised of Government (Federal, State, or Local) and/or commercial (private) contract awards, or an individual’s work history, that demonstrate the offeror (Prime) firm’s, and/or the Principal Subcontractor firm’s, and/or the Key Personnel’s ability to perform the proposed effort. The Government’s evaluation of past performance may consider information submitted as part of the offeror’s proposal, plus information gathered from Government evaluations or report cards, information obtained regarding the offeror’s performance under Small Business Subcontracting Plans and DLA Mentoring Business Agreements that have been incorporated into previous contracts, and information obtained from other sources. Offerors are authorized to provide in their PPI, information on problems encountered on identified past work efforts, and on their subsequent corrective actions (see (c) below).

(c) Collection of Past Performance Information

(1) The offeror shall use the Past Performance Information (PPI) Collection Documents, Parts 1 through 5 (Attachments #3 - # 9), to collect and/or provide all types of PPI (Offeror/Principal Subcontractor/Key Personnel) being submitted for the offeror’s proposal. PPI Collection Document – Part 1 contains instructions for the offeror for collecting and/or providing PPI, and is a mandatory proposal submission under Volume II for all offerors, regardless of the type(s) of PPI being submitted. The offeror is solely responsible for ensuring all required PPI Collection Documents are completed and submitted to the Government by the required due date.

a. An offeror firm with current, relevant DLA Disposition Services contracts, where no other type of PPI (i.e., non-DLA Disposition Services/Principal Contractor/Key Personnel) is being submitted as part of the offeror’s proposal, is required to submit PPI Collection Documents – Parts 1 and 3, only. The Government will collect PPI for the identified contracts via Contractor Performance Assessment Reports (CPARS) obtained from the Past Performance Information Retrieval System (PPIRS).

i. An offeror with DLA Disposition Services contracts may also submit other types of current, relevant PPI, if available. The offeror shall use the appropriate PPI Collection Documents to submit this additional information.

b. An offeror without current, relevant DLA Disposition Services contracts shall submit PPI Collection Document – Part 1, and all other required Parts as applicable to the type(s) of PPI being submitted as part of the offeror’s proposal.

c. The Government may contact any or all submitted PPI (PP references) directly to verify and/or discuss the submitted information. It is the offeror’s responsibility to ensure a PP reference POC is available for contact. If a PP reference POC is not available when contacted, the Government will not be required to notify the offeror, nor be required to make repeated efforts to contact the PP reference POC. Therefore, offerors are strongly encouraged to ensure contact information for a PP reference POC is correct and that the individual is available for the Government to contact.

(d) No Relevant Past Performance Information

(1) An offeror that has no identifiable record of performance of a same or similar nature to the current requirement may be considered by the Government to have no relevant past performance. In the case of an offeror without an identifiable record of past performance or for whom information on past performance is unavailable (this includes PPI identified by an offeror for the offeror firm, for which the required, corresponding PPI Collection Documents were not received by the Government), the offeror may not be assessed either favorably or unfavorably on Performance Confidence, as the degree of confidence to the Government cannot be adequately determined and is therefore unknown.

OFFER PREPARATION COSTS –

This solicitation does not commit the Government to pay any costs incurred in the submission of an offer, in making any necessary studies for the preparation thereof, or for any visit(s) the Contracting Officer may request for the purpose of clarification of the offer.

BASIC AND OPTION PERIOD UNIT PRICING

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.

NOTE: Zero ($0.00) unit pricing will NOT be accepted.

Unit prices which exceed two (2) digits right of the decimal will be subject to standard rounding conversion as described below.

Standard Rounding Conversion – Rounding up means to increase the terminating digit by a value of 1 and drop off the digits to the right. If the next place beyond the terminating decimal is greater than or equal to five (5), the number will be rounded up. For example, 5.438 will be rounded up to 5.44. If the number to the right of the terminating decimal place is four or less (4, 3, 2, 1, 0), the number will be rounded down. This is done by leaving the last decimal place as it is given and discarding all digits to its right. For example, 6.734 will be rounded down to 6.73.

Alternate proposals will be considered if FAR 52.215-1, Alternate II is included in this request for proposal (RFP). All alternate proposals will be properly marked as an Alternate Proposal and in accordance with FAR 52.215-1, Alternate II. Any such proposal will be considered and evaluated by DLA DISPOSITION SERVICES to the extent that time constraints allow and in accordance with FAR 52.215-1, Alternate II.

CONTRACT MINIMUM/MAXIMUM

This is a firm-fixed price indefinite quantity contract. The minimum for the base period and each of the period options shall be 15% of the estimated value of the period. The maximum for the base and each of the priced options shall be 200% of the estimated value of the period.

DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES ACCEPTANCE, INVOICING AND

TRACKING

(a) Submission of Documentation to Facilitate Acceptance for Payment.

(1) The contractor shall submit one complete set of documents per task order to allow acceptance for payment, consisting of the following:

(i) One DRMS Form 1683-1 for each task order to include all line item numbers from the Task Order (in order) completed through Column 8, except items that undergo final disposal at their first Qualified TSDF must be submitted with complete tracking data (through Column 14 on the DLA Disposition Services Form 1683-1).

(ii) All signed return shipping papers (manifests or Bills of Lading as appropriate) from Qualified TSDFs authorized to receive the items as per DLA DISPOSITION SERVICES Instructions for Use of TSDFs and Transporters. Per Section .3.1 and .3.6 a copy of the Compressed Gas Cylinder (CGC) report shall be provided to the COR prior to invoicing. A copy of the CGC report is also to be submitted with the 1683-1 form.

(2) The above documentation shall be submitted to:

Hart-Dole-Inouye Federal Center ATTN: DLA Disposition Services J-33 74 Washington Avenue, North Battle Creek, MI 49037-3092

(b) Acceptance and Invoicing

(1) For purposes of payment only, all disposal/recycling actions are considered accomplished on the date the items are accepted by the initial, properly permitted, qualified TSDF. For 6000 series CLINs, the services are considered accepted on the date the DLA Disposition Services Office inputs the pickup date into the DLA Disposition Services Base Operations Support System (BOSS). Subsequently, the Government shall generate and electronically transmit a Disposal Manifest Report(s) (591) covering all items on the task order within 20 days of receipt of the contractor’s original submittal. The contractor will be paid using the Evaluated Receipt Settlement (ERS) process, wherein the Manifest Payment Approval (MPA) will be used as both a goods receipt and an invoice. The contractor will not provide the Paying Office an invoice for services or products provided. Payment to the contractor will be made through Electronic Funds Transfer (EFT) in accordance with the Prompt Payment Act (5 CFR 1315).

(2) For any discrepancies in payment, contact the contracting specialist or contracting officer at DLA Disposition

Services assigned to this contract.

(c) Post-Payment Tracking

(1) The contractor agrees to enter disposal information directly into the DLA Disposition Services Base Operations Support System (BOSS) for all items on the order as the disposal information is received. Web based BOSS is currently available at the following URL: https://boss.dla.mil/BOSS.

https://boss.dla.mil/BOSS

Once the contractor has input disposal information into the Base Operations Support System (BOSS), notification to the responsible Contract Specialist must be made within 24 hours after order input is complete.

Notification to the Contract Specialist can be made by e-mail. The contractor must indicate in the subject line of the email that disposal input into BOSS has been completed for specified PIIN (contract and task order number). The contractor must also notify the DLA Disposition Services Tracking Department by email at the following address: Phase2Done@dla.mil.

(2) If a discrepancy occurs while inputting into the BOSS, the following steps need to be followed:

(i) If there is a problem with the pickup information input by the DLA Disposition Services Office, the contractor needs to contact the Contract Specialist for resolution.

(ii) If a contractual, i.e. a recycling CLIN is not recycled, or a regulatory violation occurs, an email needs to be forwarded to the Contract Specialist with a copy to the DLA Disposition Services Compliance Department at DRMSPhase1_2Problems@dla.mil (Note: there is an underscore between the 1 and 2).

(iii) A unique or unspecified problem occurs with input into BOSS. The contractor should email the DLA Disposition Services Tracking Department with the specifics at DRMSPhase1_2Problems@dla.mil (Note:

there is an underscore between the 1 and 2).

(3) Input of disposal information into BOSS by the disposal contractor will be within 20 calendar days after the waste has been disposed of. By signature on this contract, the contractor certifies the disposal data input into BOSS is accurate, complete, and meets all requirements set in this contract.

(4) The contractor shall specify in the notification to the Contract Specialist, as indicated in paragraph (c)(1) of this clause, which, if any, of the line items disposed and input into BOSS are PCB items. The contractor must provide, to the generator and COR, copies of Certificates of Disposal signed by a responsible disposal facility official for all PCB items on a task order.

(5) The Government reserves the right to subsequently review/audit any and all information provided under this clause; this includes all information directly input into BOSS by the contractor. Upon being informed of any deficiencies resulting from the Government review/audit, the contractor shall respond with correcting documentation within 10 calendar days. As outlined in DLAD 52.246-9072, Government Inspection, DLA Disposition Services also reserves the right to conduct on site visits to insure compliance with this and all other pertinent security regulations.

(6) No paperwork in conjunction with Phase II needs to be submitted to DLA DISPOSITION SERVICES, WITH THE EXCEPTION OF PCB, ITEMS REQUIRING DEMILITARIZATION, and COMPRESSED GAS CYLINDERS (CGC) REQUIREMENTS. Required documentation is listed in thePerformance Work Statement.(PWS) . The contractor is still required to maintain a complete audit trail for all waste streams. The contractor shall maintain hard copies of all disposal documentation for a period of six years after FINAL PAYMENT ON THE CONTRACT. This documentation will be made available to the Government upon request.

(d) Remedies for Non-Compliance

(1) Failure to submit timely and complete documentation for acceptance of payment on a task order under paragraph (a) above will result in no payment of the entire task order. Payment may be approved upon resubmission of the correct documentation for all line items on the task order. The Government, at the discretion of the Contracting Officer, can utilize other remedies including those indicated below.

(2) Failure to input timely and complete disposal information into BOSS per paragraph (c) above, including resolution of any discrepancies, may be remedied by the Government using any and all contractual means available. This includes, but is not limited to:

(i) Inspection of Services (FAR 52.246-4),

(ii) Default (FAR 52.212-4)(m),

(iii) Indemnification (see DLA Disposition Services Solicitation and Contract Instructions)

(iv) Warranty of Services (FAR 52.246-20),

(v) Cessation of Phase I payments identified in paragraph (b)(1) above. The Contracting Officer can elect to cease Phase I payments and revert to delayed payments until after the contractor’s submittal of acceptable Phase II final disposal documentation if the contractor’s amount of lines with Phase II documentation in overage status exceeds five percent of total lines ordered against the contract within the current contract period. If such a decision is made the Contracting Officer will provide the contractor with 30-calendar days advance notice prior to the cessation of Phase I payments. If all other deliverables are being met in accordance with the contract’s Acceptable Performance Levels (APLs), the Contracting Officer retains the right to exercise the follow-on contract option with the delayed payment process in place for that upcoming period of performance. If Phase I payment is stopped and the contractor’s performance is satisfactory or better in all other areas of contract deliverables and the margin of lines in overage status consistently falls below five percent within a six-month consecutive timeframe, the Contracting Officer can elect to revert back to payment at Phase I. If payment at Phase I is re-established and the contractor falls back into a pattern of delinquent Phase II submittals the Government can elect to cease payment at Phase I under all other DLA Disposition Services hazardous waste contracts held by the contractor. The Government reserves the right to enforce the aforementioned measure at any point during the performance period of this contract.

(vi) Not exercising a follow-on option period. During the life of the current contract term and when contemplating the exercise of a follow-on option period, the Contracting Officer can elect to not exercise the pending option if the contractor’s amount of lines with Phase II documentation in overage exceeds five percent of total lines ordered against the contract within the current contract period.

(vii) Past performance evaluations utilized in future contract award decisions. The contractor’s failure to provide Phase II data in accordance with the timeframes prescribed DLA Disposition Services Solicitation and Contract Instructions and Information on Period of Performance – Including Disposal and Removal, greatly increases the likelihood of getting passed over for future awards. If the contractor cannot obtain Phase II documentation in a timely manner from a disposal facility qualified for DLA Disposition Services usage, the contractor shall provide written proof of their multiple attempts to retrieve it to the Contracting Officer. Disposal facilities that fail to provide timely Phase II documentation to the contractor run the risk of being removed from the DLA Disposition Services Qualified Facilities List.

(3) Note that consideration pursuant to FAR 52.246-4, Inspection of Services – Fixed Price, can be taken against any open task order under the contract, not necessarily the task order with documented deficiencies. In addition, consideration may also be taken against another contract if there are no open task orders on the subject contract.

(4) By submitting for payment in accordance with the above terms including post-payment documentation requirements, the contractor certifies that all services, including receipt at initial Qualified TSDF and ultimate disposition of the items, conform in all respects with contract requirements.

USE OF FACILITIES AND TRANSPORTERS

(a) The contractor shall use only the transporters and facilities from the Qualified Facilities List and Qualified

Transporters List. These lists are located on the World Wide Web (www) at http://dispositionservices.dla.mil/newenv/documents/qualtran.pdf. and http://dispositionservices.dla.mil/newenv/documents/qualfac.pdf Contractors who do not have access to the World Wide Web may request a copy of the above lists from the contracting officer.

http://dispositionservices.dla.mil/newenv/documents/qualtran.pdf http://dispositionservices.dla.mil/newenv/documents/qualfac.pdf

(b) DLA Disposition Services has reviewed these Facilities and Transporters in the past and has no reason to believe that they do not meet the standards included herein. Inclusion of facilities and transporter on the Qualified List does not constitute a determination of the acceptability of these facilities and Transporters for the requirements of this solicitation and any resultant contract or relieve the contractor of any responsibility for performing the contract resulting from this solicitation. It is the offeror's responsibility to ensure that it can perform all work required by this RFP with the firms listed on the World Wide Web, and to propose additions firms to perform the work required if the firms on the qualified lists cannot meet the requirements.

It does not imply consent by the Government to any subcontracts let by the contractor in performance of the contract resulting from this solicitation.

(c) At any time during the period of this contract, the Government may remove a facility from the Qualified

Facilities List located on the World Wide Web if any of the following apply:

(1) The facility is currently closed.

(2) The facility is identified as a significant noncomplier (exhibiting RCRA Class 1 violations for groundwater monitoring, closure, post-closure, or financial responsibility), and has not entered into a compliance schedule of similar action.

(3) The facility has been cited via an administrative order or judicial action, and the facility has not entered into a compliance schedule or similar action within 180 days from the time order or judicial action was issued.

(4) The facility has exhibited a history of noncompliance (including, but not limited to RCRA class I and II violations, OSHA violations, state and local violations, and DOT violations) or exhibited a lack of "good faith" in correcting violations. A "good faith" effort would be exhibited through promptly signing a consent agreement with the regulatory authorities, and performing in compliance with the agreement for at least six months. Repeated violations may be considered as a lack of "good faith".

(5) The facility has been identified as having groundwater contamination or is not acceptable under the state's groundwater anti-degradation policy.

(6) The facility is not permitted to and/or is not capable of handling the property proposed.

(7) The facility received a negative recommendation as a result of a DLA Disposition Services inspection visit without substantive evidence of corrected deficiencies.

(8) The facility stores/treats the waste, then ships out the regulated DLA Disposition Services hazardous waste to a facility excluded under the requirements of this paragraph (c).

(9) The facility's financial assurance is not sufficient to protect the Government's long term interests.

(10) Facilities that are unable to track property from entry to exit.

(11) The facility manages property in a manner that causes the generator of the manifest to file exception reports in accordance with 40 CFR 262.42, or a state equivalent.

(12) The facility has not received any DLA Disposition Services wastes for a period of twelve consecutive months.

(13) The facility operates in a manner that is not in accordance with DLA Disposition Services contract PWS.

(14) The facility does not have/does not enforce 24 hour security measures.

(d) At any time during the period of this contract, the Government may remove a transporter from the Qualified Transporter List if any of the following apply:

(1) The transporter does not have the appropriate Federal/state/local permits to transport property under this contract (hazardous or non-hazardous).

(2) Transporter has not provided documentation of at least a "satisfactory" rating from DOT Office of

Motor Carriers (OMC) or the California Highway Patrol. Should conflicting ratings be assigned, the most recent inspection will take precedence. Transporters used outside the 50 contiguous states are not required to provide an OMC satisfactory rating. All other requirements cited are applicable.

(3) The transporter has exhibited a history of noncompliance (including RCRA, DOT, OSHA and state and local regulations governing hazardous material hauling and motor cannier/marine safety).

(4) The transporter has been cited via an administrative order or judicial action and has not entered into a compliance schedule or similar action within 180 days from the time the order or judicial action was issued.

(5) The transporter does not have/does not enforce 24-hour security measures.

(6) The transporter manages property in a manner that causes the generator of the manifest to file exception reports in accordance with 40 CFR 262.42, or a state equivalent.

(7) The transporter received a negative recommendation as a result of a DLA…