SP450018R00040001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO. 4. REQUISITION/PURCHASE REQ. NO.

n/a

5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SP4500 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SP4500-18-R-0004

X

2018 APR 10

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of OffersX is extended, X is not extended.

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to issuing office.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(a) By completing Items 8 and 15, and returning

DLA DISPOSTION SERVICE - EBS DLA DISP SVCSS

HAZ CONTRACT 74 NORTH WASHINGTON

BATTLE CREEK MI 49037-3092

USA

Initiator: Andrea Tichenor PZMPS00 Tel: 269-961-7392 Email: Andrea.Tichenor@dla.mil

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

(X)

CHECK ONE

PAGE OF PAGES

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

SEE THE FOLLOWING PAGES

0001 2018 APR 19 18BE056

SP4500-18-R-0004/A0001

THIS AMENDMENT IS ISSUED FOR THE FOLLOWING SEVEN REASONS:

1. On pages 9-10, the language in 1.2.7.1 TASK ORDER ADJUSTMENTS is replaced in its entirety with the following: “It is agreed that it is acceptable for the Government to issue task order modifications (i.e. quantity changes, noun descriptions, HIN changes, adding/deleting lines, extending task order end dates, etc.) unilaterally. The contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. Unless otherwise specified in the contract, removals on a task order ordered by pounds or gallons are issued with estimated quantities. The contractor can expect that the task order quantities will be required to be adjusted upward or downward as removals take place and the actual quantities being removed are measured. Therefore, the Government has the unilateral right to increase the task order quantity in those instances where the Government has underestimated the quantity that is required to be removed so the contractor can continue performance. The Government has the unilateral right to decrease the task order quantity in those instances where the Government has overestimated the quantity that is required to be removed. If upon receipt of a unilateral task order modification, the contractor does not agree with the change or changes, the contractor reserves the right to seek resolution with the Contracting Officer. These modifications are only against task orders. No changes will be made unilaterally to the terms and conditions of the contract.”

2. On page 11, the last sentence of 1.2.8.1(m) is removed.

3. On page 28, the language in 9. CONTRACT MINIMUM/MAXIMUM is replaced in its entirety with the following: “This is a firm-fixed price indefinite quantity contract. The minimum shall be 10% of the estimated value of the base period. The maximum shall be 200% of the estimated value of the contract. There is no contract minimum for any option period if included in the contract.”

4. On page 31, a check is placed before X (9) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017).

5. On page 39, the following two clauses have been removed: 52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD and 52.217-5 EVALUATION OF OPTIONS.

6. On page 53 B. E-MAIL, in addition to emailing proposals to andrea.tichenor@dla.mil, offerors must also email their proposals to HazardousContractsWest@dla.mil.

7. To answer the following submitted questions: What is the current contract number for this requirement? What was the award amount? Who is the incumbent contractor? ANSWER: Contract SP450016D0007 was awarded with an estimated total value of $760,537.00 (for one 24-month period) to BLACK GOLD INDUSTRIES, 527 N RICE AVE, OXNARD CA 93030-8924.

NOTE: Replacement pages 9, 10, 11, 28, 31, 39, and 53 are attached for your convenience to reflect the changes mentioned in items 1-6 above.

NO OTHER CHANGES ARE AUTHORIZED.

PAGE 2 OF 2 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: REPLACEMENT

PAGE 9 OF 54 PAGESSP4500-18-R-0004

Form (CONTINUED)

CONTINUED ON NEXT PAGE

1.2.2 SEGREGATION OF HAZARDOUS WASTE

All items collected on this contract must be segregated according to the current EPA Hazardous Waste Compatibility Chart, and kept physically separate from any containers not associated with this contract until the initial TSDF is reached. The items must be so marked, that they are readily linked to this contract throughout this period.

1.2.3 STATEMENT ON CONTAINERS

The Generator is responsible for ensuring their containers are DOT shippable, i.e., IAW current DOT regulations and standard TSDF acceptance. The Contractor is responsible for all repackaging costs associated with special container acceptance criteria at the TSDF.

1.2.4 GOVERNMENT EQUIPMENT & PERSONNEL

The Government shall not furnish any equipment or personnel to assist in the performance of this contract. Any such offers of assistance are unauthorized, and the Contractor shall not accept any such offers. The only exception is the use of Government-owned loading equipment (Section 1.2.6), and Government-owned scales (Section 1.2.7), and where applicable, management services.

1.2.5 TREATMENT OF HAZARDOUS WASTE ON GOVERNMENT FACILITIES

a. Treatment of hazardous waste (including solidification) on Government facilities is not permitted. Treatment is defined as any process which meets the definition of treatment as identified in 40 CFR 260.10 and/or the facility Permit.

b. The Contractor shall not drain and/or flush PCB items at Government facilities. Draining will be allowed only to prevent leaking and to meet DOT regulations.

c. Treatment, disposal, or release of gases, other than inert gases, to the atmosphere on Government premises is not permitted by this contract. The Contractor may perform gas extraction for other than inert gas cylinders at the pickup location using a self-contained apparatus. This apparatus shall emit no gas into the atmosphere, and purge the entire cylinder contents into a closed receiver for transport to a recycling or disposal site.

1.2.6 LOADING

The Contractor is responsible for loading, including furnishing all the equipment necessary for loading. The Government will not load at any location on any day in which the facility is closed unless otherwise specified. Where it is provided that the Government will load, the Government will make the initial placement of the item on conveyance(s) furnished by the Contractor and the initial placement on the Contractor's conveyance shall be as determined by the Government. Unless otherwise provided in this contract, the Government will not block, chock, brace, lash, band, or in any other manner, secure the cargo on such conveyance(s) furnished by the Contractor. The Government may tailgate load at the following locations:

• No tailgate loading is allowed at any sites under this contract

1.2.7 WEIGHING OF ITEMS

GOVERNMENT SCALES ARE NOT AVAILABLE AT PICK-UP POINTS ON THIS CONTRACT. THE CONTRACTOR SHALL PROVIDE PORTABLE SCALES.

The Contractor shall ensure that non-Government scales are operable and accurate through certification or demonstration. Before loading, the Contractor is required to weigh the waste hauling vehicle, trailer, and/or rolloff/vacuum box, as applicable, to establish the empty (tare) weight of the rolloff box, dump truck, tanker truck, etc. This weight will be documented on a certified weight ticket and provided to the COR. After loading, the Contractor is required to weigh the waste hauling vehicle, trailer, and/or rolloff/vacuum box, as applicable, to establish the loaded (gross) weight of the conveyance. This weight will be documented on a certified weight ticket and provided to the COR.

The actual (net) weight of the waste shall then be calculated by subtracting the tare weight from the gross weight. When onsite Government scales are available, weights must be agreed upon by both the Contractor and the Government before removal. When offsite commercial scales must be used, a certified weight ticket will be provided to the COR and shall be the basis for payment to the Contractor.

1.2.7.1 TASK ORDER ADJUSTMENTS

It is agreed that it is acceptable for the Government to issue task order modifications (i.e. quantity changes, noun descriptions, HIN changes, adding/deleting lines, extending task order end dates, etc.) unilaterally. The contractor will be paid for the actual items and quantities removed per the awarded contract price schedule. Unless otherwise specified in the contract, removals on a task order ordered by pounds or gallons are issued with estimated quantities. The contractor can expect that the task order quantities will be required to be adjusted upward or downward as removals take place and the actual quantities being removed are measured. Therefore, the Government has the unilateral right to increase the task order quantity in those instances where the Government has underestimated the quantity that is required to be removed so the contractor can continue performance. The Government has the unilateral right to decrease the task order quantity in those instances where the Government has overestimated the quantity that is required to be removed. In instances of decreasing quantity, these decreases are not subject to FAR 52.212-4, termination for convenience coverage.

PAGE 10 OF 54 PAGESSP4500-18-R-0004

CONTINUED ON NEXT PAGE

Form (CONTINUED)

If upon receipt of a unilateral task order modification, the contractor does not agree with the change or changes, the contractor reserves the right to seek resolution with the Contracting Officer. These modifications are only against task orders. No changes will be made unilaterally to the terms and conditions of the contract.

1.2.8 DEFINITIONS, BULK & CONTAINERIZED WASTE

1.2.8.1 BULK WASTE

a. The term bulk waste refers to waste that is typically removed via rolloff boxes, vacuum or sludge boxes, dump trucks, tank trucks, vacuum trucks, pump trucks, and trucks with vacuum-loaded or pump-loaded tanker trailers. Pumpable liquid wastes that are removed via totes, also known as portable tanks and Intermediate Bulk Containers (IBC), are considered bulk waste and have a surcharge associated with them (see Tote surcharge CLIN 6386TS). Bulk waste does not refer to containerized wastes including waste contained in drums, cubic yard boxes, military tri-wall boxes, cubic yard bags or “super sacks”, lamp boxes, cylinders, or palletized waste.

b. Bulk debris (as defined in 40 CFR 268.2(g)) and other solids weighing less than 600 Lbs/yd3 shall have the CLIN suffix “B6”, and shall be priced per cubic yard (CD). Bulk debris (as defined in 40 CFR 268.2(g)) and other solids weighing 600 Lbs/yd3 or greater, shall have the CLIN suffix B1, B2, B3, or B4, and shall be priced per pound (LB). Base CLIN TX06 is uniquely designed with the treatment technology of Microencapsulation (of hazardous debris) in mind. Base CLIN TX07 is uniquely designed with the treatment technology of Macro-encapsulation in mind. When ordering Base CLIN TX06 in conjunction with Bulk CLIN Suffixes B1, B2, B3, B4, or B6, the Generator will ensure that the wastestream does not contain pipes, hoses, tubes, equipment, or rigid objects greater than 10 feet in any dimension, where toxic metal surfaces cannot be easily coated with a micro-encapsulation coating material. In such cases where these types of articles are present in bulk loads, Base CLIN TX07 should be considered (maximum size is 18'L x 4.5'W x 4.5'H). Furthermore, intact containers (Per 40 CFR 268.2(g)) do not meet the definition of debris and shall not be turned in under Base CLINs TX06 or TX07. Intact containers are those containers “that are not ruptured and that retain at least 75% of their original volume.” When intact containers are present, the Generator should consider using “Lab Pack/Loose Pack” CLINs.

When ordering a B6 CLIN suffix, the Government shall be required to order disposal of the waste based on a minimum of 75% of the volumetric capacity of the associated rolloff. For example, if a 20 cubic yard rolloff contains 12 cubic yards of debris (B6), the Generator shall pay for disposal of 15 cubic yards, or 75% of the rolloff's volume.

c. The terms solid and solids used in this document and the Bid Schedule refers to solid material which is largely free of free liquids, e.g., soil, silt, sand, gravel, filtercake, powder, granules, crystals, fines, and artifacts that do not meet the definition of debris as defined in 40 CFR 268.2(g).

d. The terms liquid and liquids used in this document and the Bid Schedule refers to liquid material which is pumpable by conventional pumping devices designed to pump low-viscosity liquids and largely free of suspended or settled (vs. dissolved) solids. A liquid that has become frozen due to ambient freezing temperatures, but would otherwise be of liquid state at 72°F, will still meet the definition of liquid for purposes of this contract.

e. The terms sludge and sludges used in this document and the Bid Schedule refers to material that is either (a) a multiphasic material with some combination of a liquid phase and a solid phase as defined above, (b) a slurry or mud-like material, such as liquid-saturated soil or tank bottoms, whereby solids are largely or completely suspended in liquid and typically flows under gravity, and may or may not be conveyable by high capacity pumping or vacuuming devices designed to move heavy material, or (c) a highly viscous liquid not pumpable by conventional pumping devices designed to pump low-viscosity liquids.

f. The term debris used in this document and the Bid Schedule refers to (a) solid artifacts, fragments, or rubbles which are present, but not primarily present, and are intermingled or suspended in an otherwise fully solid, liquid, or sludge wastestream as described above, or (b) a wastestream which meets the definition of debris in 40 CFR 268.2(g). Note: Definition (a) in this section would meet the “Mixed” or “Various” Physical State designation indicated in the Bid Schedule for this contract, as CLINs with a “Mixed” or “Various” physical state refers to solids, liquids, sludges, debris, or any combination thereof. Definition (b) in this section meets the “Debris” Physical State designation indicated in the Bid Schedule for this contract.

g. The term Heavy Solids used in this document and the Bid Schedule refers to bulk waste solids, sludges, and heavy debris (as defined in 40 CFR 268.2(g)), with a density greater than 600 Lbs/yd3 shall be ordered using the bulk CLIN Suffix (B1, B2, B3, or B4). The CLIN Suffix is assigned based on the net weight of each heavy solids bulk load. If a bulk load with a net weight of less than 10,000 Lbs is ordered, the bulk CLIN Suffix “B1” will be used. Loads weighing 10,000 to 20,000 Lbs will be assigned the bulk CLIN Suffix “B2”. Loads weighing 20,000 to 30,000 Lbs will be assigned the bulk CLIN Suffix “B3”. Loads weighing more than 30,000 Lbs will be assigned the bulk CLIN Suffix “B4”.

Weights shall be determined using certified Government scales when available, or certified commercial scales when Government scales are not available. Prior to removal, and when possible, the net weight of the waste shall be determined and agreed upon by both the Government representative and the Contractor.

h. The term Lightweight Solids used in this document and the Bid Schedule refers to bulk waste solids and debris (as defined in 40 CFR

268.2 (g)) with a density of less than or equal to 600 Lbs/Yd3. These waste streams are considered lightweight and shall be ordered using the

PAGE 11 OF 54 PAGESSP4500-18-R-0004

Form (CONTINUED)

CONTINUED ON NEXT PAGE

Cubic Yard CLIN Suffix “B6”. Cubic yards (yd3) are calculated by visual estimation. For example, if a 20-yd3 rolloff box appears 90% full, the removal will be estimated and ordered at 18 CD. Note, any CLIN with a “B6” suffix will be ordered using “CD” to denote cubic yards.

Prior to removal, the volume shall be determined and agreed upon by both the Government representative and the Contractor.

i. Bulk waste liquids will be pumpable by conventional pumps typically used on tank trucks and trailers, even if loaded by vacuum truck or trailer, and shall be ordered using the CLIN Suffix B5, indicating gallons (GL).

j. Gallons are calculated by using density or tank strapping and are rounded to the nearest whole gallon using conventional (non-scientific) rounding rules. This rule requires that if the digit to the right of the decimal place is 0, 1, 2, 3, or 4, leave the whole number alone;

if the digit to the right of the decimal place is 5, 6, 7, 8, or 9, add 1 to the whole number. Example: when the density calculation is used and where the bulk liquid is water (Density = 8.33 Lbs/Gal): 36,290 Lbs/8.33 Lbs/Gal = 4,356.54 gallons. This will be rounded to 4,357 gallons.

However, 36,280 Lbs (4,355.34 gallons) would be rounded to 4,355 gallons. Density will be obtained from the waste profile sheet.

k. Tank strapping may be used to calculate the volume of liquid in a tank or tanker given a strapping rod depth measurement. The graduated rod is inserted vertically through the top surface of the liquid to the bottom of the tank and a measurement is taken to determine the depth of the liquid. The depth, usually measured in inches, is compared to a table, or spreadsheet, which shows the conversion to gallons. Only tables specifically calibrated to the tank or tanker being strapped may be used. These measurements will be made by the Contractor.

l. The Generator reserves the right to choose which method will be used to determine total gallons of waste offered. The net volume (gallons) of the waste shall be determined and agreed upon by both the Government and the Contractor prior to removal, when possible.

m. For purposes of this contract, liquid wastes that are removed in totes, also known as portable tanks and Intermediate Bulk Containers (IBC), are considered bulk liquid waste. Bulk waste does not refer to wastes contained in drums or pails. Since totes can vary in size (usually in increments of 55 gallons, i.e., 220-, 275-, and 330-gallons), the Government will order quantities to be removed in gallons (GL) based on the manufacturer's designated volumetric capacity (size) of the tote, and not on the actual volume of waste contained in the tote. For example, a 330-gallon tote containing only 200 gallons of waste will require that the Government order 330 GL of the appropriate CLIN containing a “B5” CLIN Suffix. Two such 330-gallon totes of the same CLIN would require that the Government order 660 GL of that CLIN.

Multiple totes of the same CLIN but different sizes can be ordered and manifested on the same line. For example, one (1) 220-gallon tote plus one (1) 330-gallon tote of the same CLIN would require that the Government order 550 GL of that CLIN. One (1) EA of CLIN 6386TS (Tote Surcharge) will also be ordered for each tote turned in for removal, regardless of size.

1.2.8.2 CONTAINERIZED WASTE

a. The term containerized waste refers to waste that is typically transported by a box truck or semi-truck and trailer or van, including waste contained in drums, cubic yard boxes, military tri-wall boxes, cubic yard bags or super sacks, lamp boxes, cylinders, or palletized waste.

b. Containers shall be counted, weighed, and documented against the TO by the Contractor prior to removal. Although most containerized CLINs are priced by the container size (CLIN Suffixes C1 through C6), weights must still be documented for other purposes such as manifesting and Generator reporting. The Contractor shall provide portable scales, which may be mounted to the truck or trailer, for weighing of items, and must first demonstrate reasonable weight accuracy to the Government representative. The use of commercial scales is not authorized for containerized items. Only materials being removed by the Contractor will be weighed, including the containers, pallets, and dunnage.

c. Drums larger than 55 gallons (e.g., 95-gal) are to be used only for overpacking smaller drums when the smaller drum(s) are leaking or have the potential to leak. Generators shall be required to pay the Contractor based on the size of the overpack drum and not on the size of the inner, overpacked drum(s).

d. “CYB” (CLIN Suffix “C6”) refers to Cubic Yard Boxes, Cubic Yard Bags or Super Sacks, Gaylord Boxes, and Military Tri-Wall Boxes.

e. “Pallet” (CLIN Suffix “C6”) refers to a flat wooden, plastic or metal transport structure not more than 48” L x 48” W that supports goods in a stable manner while being lifted by a forklift, pallet jack, front loader, or other lifting device. Skids may be used in lieu of pallets when well suited to support the cargo and are accessible to movement via typical material handling equipment. Containers/items placed on a pallet are often secured with dunnage, i.e., banding straps, stretch or shrink wrap for stability in movement. The sum weight of the dunnage, pallet, and palletized waste cargo will collectively comprise the weight of the waste, and shall not exceed a weight of 2,500 pounds and/or a height of 72” unless otherwise authorized by the Contractor.

f. The cost to the Generator for a CYB and Pallet are the same when the CLIN Suffix C6 is used and packaged IAW current DOT shipping requirements. However, this does not imply that both packaging methods are always appropriate for wastes assigned a CLIN Suffix of C6.

Safety and DOT shipping regulations should always take precedence.

g. Containers of the same Base CLIN and no larger than 5 gallons in size, may be palletized or placed in a CYB in order to assign the CLIN Suffix C6. Containers larger than 5 gallons in size will not be placed in a CYB for purposes of consolidating them into a single container.

Containers of all sizes may be placed on pallets and skids for ease of storage and movement, but containers larger than 5 gallons, other than consumer commodities in their original packaging which may be larger than 5 gallons in size, will have the quantity and CLIN assigned

PAGE 28 OF 54 PAGESSP4500-18-R-0004

Form (CONTINUED)

CONTINUED ON NEXT PAGE

of six years after FINAL PAYMENT ON THE CONTRACT. This documentation will be made available to the Government upon request.

DLA FORMS 2505 AND 2505-1 REPLACE DRMS FORMS 1683 AND 1683-1.

8.3 REMEDIES FOR NON-COMPLIANCE

a. 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.

b. Failure to input timely and complete disposal information into Distribution Standard System (DSS) 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:

• Termination for Cause (FAR 52.212-4)

• Indemnification (Paragraph 6.1 above)

• Inspection of Services FAR 52.212-4

• Cessation of Phase I payments identified in paragraph 4.0 and 8.1 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.

• 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.

• 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.

c. Note that consideration pursuant to 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.

d. 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.

(A) Comply with the requirements of Subpart 42.12 of the FAR;

(B) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

9. CONTRACT MINIMUM/MAXIMUM

This is a firm-fixed price indefinite quantity contract. The minimum shall be 10% of the estimated value of the base period. The maximum shall be 200% of the estimated value of the contract. There is no contract minimum for any option period if included in the contract.

10. CONTRACTOR ACCESS TO DLA DISPOSITION SERVICES SITES

Contractor personnel requiring frequent access to military installations must have a Common Access Card. The 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

PAGE 31 OF 54 PAGESSP4500-18-R-0004

Part 12 Clauses (CONTINUED)

CONTINUED ON NEXT PAGE

(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

(45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(46) 52.225-1, Buy American --Supplies (May 2014) (41 U.S.C. chapter 83).

(47)(i) 52.225-3, Buy American --Free Trade Agreements --Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.

C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (Jul 2013) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer --Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

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

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

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

Contracting Officer check as appropriate.

X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

X (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of

Certain Equipment --Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --Requirements (May

2014) (41 U.S.C. chapter 67).

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

X

PAGE 39 OF 54 PAGESSP4500-18-R-0004

CONTINUED ON NEXT PAGE

Part 12 Clauses (CONTINUED)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) FAR

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 [insert the period of time within which the Contracting Officer may exercise the option].

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) FAR

(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 14 days days [60 days unless a different number of days is inserted] 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 (months) (years).

(End of clause)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013 FAR

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) FAR

52.237-9003 SITE VISIT COORDINATOR (APR 2008) DLAD

Contact information for the site visit coordinator and his or her alternate is as follows:

PRIMARY NAME: Olivia.Smith@dla.mil

PHONE NO: 760-829-9182

ALTERNATE NAME: Eric.Price@dla.mil

PHONE NO: 760-829-9181

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) DFARS

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to cer tify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official's Name)

(Title)

PAGE 53 OF 54 PAGESSP4500-18-R-0004

Part 12 Provisions (CONTINUED)

CONTINUED ON NEXT PAGE

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. E-MAIL: If you choose to use e-mail, mail your offer/quote to andrea.tichenor@dla.mil AND HazardousContractsWest@dla.mil.

Questions, should also be emailed to andrea.tichenor@dla.mil and HazardousContractsWest@dla.mil. The subject line of the e-mail must read “OFFER - [solicitation number], COMPANY NAME, CLOSES [closing date].”

C. Maximum size of each e-mail message shall be three and one-half (3.5) megabytes. 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 submitted by E-mail are submitted at the Contractor's risk. DLA DISPOSITION SERVICES cannot guarantee the security of the offer if it is submitted via E-mail.

D. Late rules are outlined in FAR 52.212-1(f). Pay particular attention to the provisions that relate to the timing of e-mail submissions.

E. Security Note: If you choose to password-protect your offer, you must provide the password to DLA DISPOSITION SERVICES before the closing date. Contact andrea.tichenor@dla.mil to arrange a means of providing it.

F. Electronic submissions must include, as a minimum:

i. A signed completed SF1449, which represents an agreement to all the terms, conditions, and provisions of this solicitation.

Authentication for e-mailed submissions is verified by the offeror's return address. E-mail submission received from a third party is not acceptable.

ii. All applicable fill-in provisions.

iii. Any other information required by the solicitation (i.e. completed bid schedule, PPI documents, etc.).

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

H. 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 (G) above.

IV. BASIC AND OPTION PERIOD UNIT PRICING

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

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

(c) 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.

V. 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.

Proposals shall be submitted electronically in two volumes (emails).

VOLUME I MINIMUM CONTENT: Completed 1449, 6.5 CONTRACTOR REPRESENTATIVE, and Attachment 1 Bid Schedule.

VOLUME II MINIMUM CONTENT: Past Performance Information.

VI. 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 initial offers.