Attachment_00_-_Kanto_Tank_Performance_Work_Statement_(PWS)_03272019.docx

Notes to Offerors

1. Offerors are invited and highly encouraged to conduct a scheduled site visit(s) prior to bid submission, to discuss and/or see first-hand the scope of work associated with this Contract.

2. This request for proposal (RFP) consists of two thirty (30) month Price Schedules, Attachment 1.

Table of Contents

0.0 PERFORMANCE WORK STATEMENT

1.0 SERVICES

2.0 ACCEPTABLE PERFORMANCE LEVELS

2.1 ACCEPTABLE PERFORMANCE LEVELS

3.0 CONTRACT MANAGER/ALTERNATE CONTRACT MANAGER/ON-SITE TECHNICAL REPRESENTATIVE

3.1 MANPOWER REPORTING REQUIREMENTS

4.0 PERIOD OF PERFORMANCE

5.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES ACCEPTANCE, INVOICING AND TRACKING

5.1 RESERVED

5.2 PHASE I SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR PAYMENT

5.2.1 ACCEPTANCE AND INVOICING

5.3 POST-PAYMENT TRACKING

5.4 REMEDIES FOR NON-COMPLIANCE

6.0 CONTRACT MINIMUM/MAXIMUM

ATTACHMENTS

Attachment 00 Performance Work Statement (PWS) Attachment 01 Schedule of Services (Price Schedule) Attachment 02 Definitions Attachment 03 Acronyms Attachment 04 Tank and Oil Water Separator (OWS) Locations Attachment 05 Acceptable Performance Levels Table (APL) Attachment 06 Manifest Tracking Log DLA Form 2505 Attachment 07 Task Order DD Form 1155 Attachment 08 Past Performance Information Questionnaire

0.0 PERFORMANCE WORK STATEMENT

a. This contract is referred to as the “Kanto-Fuji Regional Tank and OWS Cleaning Service Contract” and requires the cleaning of above ground, below ground storage tanks and oil water separators listed within Attachment 01, Price Schedule. The JEGS may be located at:

http:www.usfj.mil/Resources/JEGS/

b. The Contractor agrees to provide all services listed in the Price Schedule of this solicitation in accordance with the JEGS and respective local environmental laws and regulations, as well as any applicable international agreements and the terms and conditions of this contract. These services shall include all necessary personnel, including applicable joint venture partners, and representatives. Services shall also include all labor, equipment, and the compilation and submission of all documentation required by this contract to from U.S. Department of Defense (DOD) installations throughout the Kanto-Fuji region of Japan.

c. Definitions of terms used in this PWS are provided in Attachment 02. A list of Acronyms used in the PWS are provided in Attachment 03.

d. Contractor-designated site representatives and contract managers must be able to speak, read, and write English at a level to effectively participate in conversations on practical and professional levels with DOD civilian and uniformed services personnel. All documentation written pursuant to this contract shall be in the English language.

e. With the exception of the expedite CLINs indicated in this contract, the standard performance time frame for all sites is all work shall be completed within thirty (30) calendar days of issuance of a written task order, with the exception of the expedite CLINs indicated in this contract. Refer to the PWS for expedited removal/services. The Contractor agrees that for those portions of the services provided on a United States Government (USG) installation, services will be provided on U.S. workdays (Monday through Friday), during normal hours of operation of the installation. Hours of operation, U.S. Federal holidays and Government of Japan Holidays are provided in Section 0.6. The tank and oil water separator locations are listed in Attachment 04.

f. Evaluation of contract performance will be in accordance with Contractor’s Acceptable Performance Levels (APL) provided in Section 2.0, Acceptable Performance Levels (APLs). The APL matrix table states the surveillance methods and reductions for failures. Additional explanation and detail is provided as necessary.

0.1 INDEMNIFICATION

a. Upon receipt/removal of items from the various USG installations, the Contractor assumes full accountability and physical custody of such items.

b. DLA, its officials, agents, contractors, subcontractors, employees and representatives shall be held harmless from any and all claims or causes of action arising from, or on account of, negligent or other wrongful acts, omissions of the Contractor, its officers, directors, employees, agents, or subcontractors, in performing the Work pursuant to this contract. In addition, the Contractor agrees to pay the USG all costs incurred by the USG, including but not limited to attorney’s fees and other expenses of litigation and settlement, arising from or on account of claims made against the USG based on negligent or other wrongful acts or omissions of the Contractor, its officers, directors, employees, agents, subcontractors and any persons acting on its behalf or under its control, in performing the Work pursuant to this contract.

c. The Contractor also agrees to hold the USG harmless and indemnify the Government for any and all costs, including those that arise from violation of any law, regulation, order, right, or public or private enforcement program 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 the work performed pursuant to this contract.

d. The USG shall not be held as a party to any contract entered into by or on behalf of the Contractor in performing the Work pursuant to this Contract. Neither Contractor nor any such subcontractors shall be considered an agent of the USG.

e. The USG shall give Contractor notice of any claim for which the USG plans to seek indemnification pursuant to this Section and shall consult with Contractor prior to settling such claim.

0.2 PERMIT/SPECIAL REQUIREMENTS

a. The Contractor shall, without additional expense to the Government, be responsible for paying all fees, preparing or obtaining any necessary licenses, permits, this includes acquiring any required permits or registrations necessary to operate on any installation. The Contractor shall be responsible for all damages to persons or properties that occur as a result of his fault or negligence.

b. The Contractor, their employees, agents or any representative may be required to attend special training, seminars, instructions, classes, safety orientations, etc., provided by the USG or to provide information to perform work or gain access to the installation. Example: pass and ID requirements, antiterrorist training, Environmental Management System (EMS) policies, safety briefs.

c. Any incidental prefecture 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.

0.3 NOTIFICATIONS

a. Except as may otherwise be specified herein, the Contractor shall notify the COR or other USG representative, at least five (5) business days BEFORE attempting site visits, providing services.

0.4 HOURS OF OPERATION

a. The service to be performed under this contract shall be performed during normal USG working days, as applicable for the site(s) on the task order, with specific office hours available from the COR on the task order, except for Federal Holidays. Work that cannot be completed by close-of-business for the task order site(s) shall be discontinued and resumed the next business day, unless approved by the KO. Services will not be scheduled to be performed on a regular Federal holiday (see below), or one designated by Presidential proclamation.

* The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.

b. Services will not be scheduled to be performed on a regular Japanese holiday or one designated by the Government of Japan:

* The holiday is observed on the preceding Friday or the following Monday when the holiday occurs on Saturday or Sunday, respectively.

c. Services will not be scheduled to be performed on a regular Japanese holiday (see below), or one designated by the Government of Japan.

d. Installation-specific normal hours of operations for this contract are available upon request from the COR. This contract is for various military and USG activities, which may have different work schedules. Excluding weekends and observed Federal Holidays, the Contractor agrees that, for those portions of the services provided on a USG installation, the services will be provided during the normal hours of operations for the installation.

0.5 PUBLIC AFFAIRS COORDINATION

a. The Contractor shall refer all inquiries concerning this contract to the KO. Under no circumstances shall any statement be released to the news media directly by the Contractor, their employees, agents, or any representative.

0.6 ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

a. DLA Disposition Services implemented EMS IAW ISO 14001:2004(E), DOD and DLA requirements at all DLA Disposition Services appropriate facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, implementing, achieving, reviewing and maintaining the environmental policy of an organization. The DLA Disposition Services EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLA Disposition Services mission. The DLA Disposition Services EMS program is explained in agency Environmental Management System (EMS) Core Instruction. Site supplements may detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures unique to the location. Site supplements also contain information concerning the local interaction between the DLA Disposition Services tenant appropriate facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each DLA Disposition Services appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLA Disposition Services appropriate facility maintains EMS awareness posters that identify the DLA Disposition Services Environmental Management Representative (EMR) and Host facility EMR for specific guidance concerning an individual facilities’ EMS program. Contractors may request current copies of EMS information identified in this paragraph by contacting the local KO's Representative (COR).

0.7 U.S. GOVERNMENT INSPECTION

a. All services will be subject to inspection by the KO and authorized representatives at all times, to include authorized contract audit companies. The USG 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 Representative which are applicable to the performance of services under this contract.

b. The USG and/or its representatives shall be afforded free access to any facility used by the Contractor and any representative in performing services under this contract, including offices and facilities where contract-related records are retained. USG inspections of Contractor facilities may be scheduled or unscheduled, i.e., announced or unannounced. The purpose of these inspections is to assist the USG 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 USG failure to make such inspection, nor failure to discover nonconforming services, shall prejudice the rights of the USG thereafter to reject services, nor relieve the Contractor of its obligation to perform work strictly IAW the contract.

d. The Contractor shall ensure that the inspection rights described herein are afforded the USG and/or its representatives by each subcontractor performing services under this contract.

e. As part of the 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 laws and regulations.

0.8 SPILL RESPONSIBILITY

a. The Contractor is solely responsible for containment, cleanup and disposal of all spills, leaks, spill residue, and/or debris, and includes appropriate container packaging, labeling, and documentation for shipment during the performance of this contract that occurs as a result of, or is contributed to by the actions, of its agents, employees, or Representative. The Contractor agrees to clean up such spills as outlined in the following, the site specific Spill Response Plan(s), and in accordance with applicable local laws and regulations at no cost to the U.S. Government.

b. The Contractor shall report all spills or leaks, regardless of their quantity, to the COR and KO immediately upon discovery. The Contractor shall note when providing the report that there is a 14 hour time difference between Japan and the KO location in Battle Creek, MI (DLA Disposition Services Headquarters). A written follow-up report shall be submitted to the KO no later than 24-hours after the initial telephonic report. Upon completion of the spill cleanup, the Contractor shall submit a summary report to the COR and KO. The written report shall be in narrative form and as a minimum include the following:

1. Description of item spilled (including identity, quantity, manifest number, etc.).

2. Exact date, time and location (physical address) of spill including a description of the area involved.

3. Persons contacted or present at the time of the spill.

4. Initial containment procedures initiated.

5. Personal injury involved.

6. Required assistance.

7. Description of clean-up procedures employed at the site.

8. Anticipated future clean up and disposal procedures.

9. Name of facility and location to dispose of spill residue.

10. Narrative summarizing any communications Contractor has with any local military or Japanese Officials to include organization name, individual name(s), and phone numbers. This report will include any on scene visits by Japanese Officials. Copy of this report shall be attached to the spill report. Summary will include any communications Contractor had with media/press or USG officials other than the KO.

c. Upon completion of the cleanup and disposal of the residue the Contractor shall submit a summary report of the incident to the COR and KO. The report shall include: cleanup and disposal procedures taken, outside assistance required (if any), personal injury follow-up, and the names and telephone numbers of all national, regional, or local officials contacted during and after the spill incident and if possible precautions to be taken in the future prevent a reoccurrence of the event.

NOTE: Each USG installation may have specific spill reporting requirements. COR shall coordinate with Contractor to ensure installation spill reports are completed and submitted to proper installation spill coordinators.

0.9 TASK ORDER ADJUSTMENTS

a. The USG may unilaterally issue task order modifications for such reasons as quantity changes, noun description changes, CLIN changes, adding/deleting lines, extending task order end dates, etc. 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 KO. These modifications are only against task orders. No changes are made to the terms and conditions of the contract.

0.10 DEFENSE BASE ACT (DBA) INSURANCE

a. The Defense Base Act (DBA) provides workers compensation-type insurance coverage for Contractor employees performing under USG contracts outside the United States (OCONUS). It is intended to be a counterpart to domestic workers compensation coverage and as such, is the sole recourse for workers who suffer on-the-job injuries or death while engaged in work in foreign locations, supporting United States prime contracts and subcontracts. Since the Act is an action required by law, this contract must include the DBA coverage as applicable.

b. DBA Waivers: The DBA allows the Secretary of Labor, upon the recommendation of the head of a department, to waive its application “to any contract, subcontract or subordinate contract, work location under such contracts, or classification of employees. The Department of Labor (DOL) will not grant a waiver for citizens or legal residents of the United States and employees hired in the United States, but it will grant waivers for foreign nationals, if acceptable workers compensation benefits are provided by applicable local law. There is no current DBA waiver for Japan; therefore, U.S citizens and foreign nationals will require DBA insurance coverage. CLIN P7100J, listed in the Schedule of Services, Attachment 01, will be placed on a task order once in a 30-month period (most DBA coverage is sold in 12-month increments) for DBA insurance coverage for foreign nationals. CLIN P7100J will reimburse the Contractor for actual costs for obtaining/maintaining the DBA insurance when applicable. DBA insurance coverage is sold by companies worldwide, although most firms who provide such coverage are based in the U.S. A listing of firms who do provide such coverage can be accessed at https://www.dol.gov/owcp/dlhwc/carrier.htm. Additional information regarding DBA can be referenced at http://www.dol.gov. Offerors who do not include a unit price for CLIN P7100J may have their proposal considered to be non-responsive and ineligible for award.

1.0 SERVICES

a. This section covers requirements for special services.

b. Special Services CLINs (6300 and their suffixes) are exempt from meeting the TO minimum per the Contract Terms and Conditions section of this contract.

1.1 EXPEDITED PERFORMANCE – CLINs 6340, 6341, 6342, 6343, 6344

a. When the expedited performance CLINs are ordered, service must be completed within the specified calendar day timeframe. Expedited service CLINs may be ordered in association with any service CLIN(s) at any pick-up point(s) on the contract. This is an exception to the standard performance timeframe as specified in paragraph 0.0 (e). Minimum TO charges will not apply to a TO containing expedited service CLINs. Ordering of an expedited CLIN is further limited to one (1) each expedited CLIN per pick-up location including the surrounding area (i.e. all pick up sites on an installation).

b. Contractor shall provide the COR with the required paperwork as follows:

1.2 CLEANING OF TANKS AND OIL WATER SEPARATOR (OWS) - CLINs 6350AA – 6350QQ and 6352A1 – 6352A5, 6352FF & 6352GG

a. CLINs 6350AA – 6350QQ and 6352A1 – 6352A5, 6352FF and 6352GG: When any of these CLINs are ordered, the Contractor shall clean tanks, totes, oil/water separators (OWS), wash racks, etc., until no visible residue remains. Stains are not considered residue. Piping associated with the tanks is included as part of the tank cleaning, if specified by the USG for the tank to be cleaned. Piping must be free of liquids, sludge, flowable solid product and debris upon completion and visually, to the extent possible, verified as such. Stains, scale, and hardened product residue buildup remaining in the piping is acceptable. The unit of issue is each where (1) EA equals all mobilization/demobilization, labor, tools, materials, confined space entry if applicable, PPE to perform identified cleaning, vacuum truck, vacuum box, and other equipment. The above listed CLINs do not include tank pumping or disposal of sludge/solids removed during the cleaning process. If required, tank/wash rack pumping will be ordered under the appropriate CLIN for the pumpable waste contained in the tank or wash rack. The USG shall provide containers for unpumpable sludge/solids. The Contractor shall containerize the unpumpable sludge/solids. In all cases, the USG will ensure the pumpable waste in the tanks/wash rack is removed prior to tank cleaning. All work shall be completed within thirty (30) calendar days of issuance of a written TO.

b. The USG will order the appropriate bulk pumpable liquid CLIN for liquid that is introduced by the Contractor to facilitate cleaning. The Contractor and COR will monitor the amount of liquid used to ensure an excessive amount of liquid is not introduced. If the Contractor and COR have determined an excessive amount of liquid was introduced, the estimated volume of excessive liquid will be subtracted from the total volume of the waste removed. The prime Contractor shall be physically available on-site for services being performed where a Subcontractor is executing the task on behalf of the prime Contractor. The Contractor may do so by coordinating other tasks on the same day that the Subcontractor is on-site. The COR will provide additional surveillance intermittently for the duration of the task(s) or services as appropriate.

c. Tank/wash rack cleaning may be ordered from any location on this contract to include but not limited to those tank/OWS locations listed in Attachment 4.

2.0 ACCEPTABLE PERFORMANCE LEVELS (APLs)

a. Acceptable Performance Levels are the minimum performance of each requirement before the USG considers performance unsatisfactory. Specification of an acceptable performance level does not allow the Contractor to knowingly provide defective service; it is recognition of the fact that defective performance may sometimes occur unintentionally. As long as the performance percentage does not fall below the specified acceptable performance level, the Government will not deduct for poor performance. However, the Contractor will re-perform or correct the defective service or product at no additional cost to the Government.

b. The surveillance method shall be from Collection Summary Report(s) (CSR) furnished by the COR, customer feedback, and tracking of final disposal/recycling document submittals. All negative and positive actions/performance shall be the basis for monetary deductions and/or past performance annotations.

c. Acceptable Performance Level table is Attachment 5.

NOTE: The Government reserves the right to also conduct additional surveillance/review of final tracking information and/or delay all payments until after final tracking information is received if warranted by performance problems in this area.

3.0 CONTRACT MANAGER/ALTERNATE CONTRACT MANAGER/ON-SITE TECHNICAL REPRESENTATIVE

a. The Contractor must insert in the addendum to RFP SP4500-19-R-0009, the names and telephone numbers of the main and alternate points of contact who for the purposes of this contract shall be designated as Contract Manager and on-site technical representative and include that as part of its proposal.

b. A Contract Manager shall be present at all times during the operation of this contract. The Contractor agrees that notice by the USG to his designated Contract Manager shall constitute notice to the Contractor and agrees to be bound by any commitments or representations made by the employees so designated. Contract personnel shall present a neat appearance and be easily recognized as Contractor’s employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges that display the company’s name or the employee’s name.

c. The contract manager, alternate contract manager and site technical representative must be able to understand, speak, read and write English proficiently. All correspondence pursuant to this contract shall be in the English language. The contract manager, his alternate, and the technical on-site representative must be able to speak the English language with sufficient structural accuracy and vocabulary to participate effectively in conversations on practical and professional levels. They must also be able to proficiently read and draft official correspondence and reports in the English language.

d. The Contractor shall ensure that all operations conducted under this contract on USG installations are supervised by an individual with basic knowledge in chemistry, capable of resolving questions/inquiries concerning technical aspects of the work involved. Examples of such work include but are not limited to classification of waste, completion of required documentation (including manifests), preparation of packaging, sampling, and inspection of wastes designated for transport. If the Contractor tasks a driver with these duties, the driver must be qualified and able to perform as required in this paragraph.

Contract Manager

Alternate Manager

On-Site Technical Representative

3.1 MANPOWER REPORTING REQUIREMENTS

a. The Contractor shall report ALL Contractor labor hours (including Subcontractor labor hours) for performance of services provided under this contract for DLA Disposition Services sites serviced by this contract via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address: http:/www.ecmra.mil/

b. Reporting inputs will be the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk at http://.www.ecmra.mil/.

4.0 PERIOD OF PERFORMANCE

a. This contract has a 30 month base period and one 30 month option period. The period of performance of this contract starts from the award/effective date of contract as reflected in block 3 of the SF1449 through 30 months and any further extensions to the contract performance period. The Contractor shall begin contract performance upon issuance of each written task order and provide all services listed on the Price schedule IAW all terms and conditions of this contract. Task orders against this contract may be written for a period of 60 months from date of award.

5.0 DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES ACCEPTANCE, INVOICING AND TRACKING

5.1 RESERVED

5.2 PHASE I SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR PAYMENT

a. The Contractor shall submit one invoicing packet, via email, for all line items listed on the Task Order (TO) after waste has been received at the Final TSDF/RECYCLERS and/or services have been completed.

b. PRIOR to submission of invoicing packet, the Contractor shall coordinate with the COR to ensure:

1. Return copies of all shipping papers have been received by the COR.

2. All modifications, changes, and/or updates have been completed.

c. An invoicing packet shall consist of:

1. Manifest Tracking Log (DLA Form 2505) (Attachment 06)

(i) Must use the most up-to-date official form, which can be located at http://www2.dla.mil/officialforms/pages/DLAformsinventory.html.

(ii) Must be in line item order.

(iii) All header fields and columns 1 through 13 must be completed.

(iv) Must reflect all changes on MOD paperwork.

2. Pick-up Report (DD Form 1155) (Attachment 07)

(i) A short-form Business Objects report may be used in lieu of the original Pick-up Report provided it includes the 1st and 2nd pages of the original DD form 1155.

(ii) Must be in line item order.

(iii) All data fields must be completed, and all applicable signature fields signed.

3. All return shipping documents, which include but are not limited to, Hazardous Waste Manifests, Non-Hazardous Waste Manifests and Bills of Lading must be complete, legible, and include:

(i) Correct EPA ID number(s) for the Generator, Transporter and the TSDF/RECYCLER (or a Mock EPA ID number when no EPA ID number exists).

(ii) The contract and task order number.

(iii) Signatures and dates from the Generator, the transporter and the accepting facility.

(iv) Copies of all modifications (if applicable).

d. The invoicing packet shall be submitted to DLADispSvcsManifesttracking@dla.mil using the following guidance:

1. Subject line shall be formatted Contract Number-Task Order Number, Company Name (e.g., SP4500FYD000X - SP4500FYFXXXX, Waste Pickup Co.). "FY" stands for fiscal year.

2. Attachments shall be named Contract Number-Task Order Number (e.g., SP4500FYD000X - SP4500FYFXXXX).

3. ONLY packets that exceed 15MB in size are authorized to be split into separate emails using the following guidance:

(i) Emails shall be numbered at the end of the subject line to identify a multiple email submission (e.g., SP4500FYD000X - SP4500FYFXXXX, Waste Pickup Co. 1/3).

(ii) Attachment names shall receive a lowercase letter as a suffix to identify a multiple attachment packet (e.g., SP4500FYD000X - SP4500FYFXXXXa).

4. Each email submitted shall contain only one file.

e. Packets received by the tracking department that do not meet these requirements will be rejected.

1. Rejected packets must be resubmitted in their entirety.

2. Reviews will not be continued after the first discrepancy is identified.

5.2.1 ACCEPTENCE AND INVOICING

a. For purposes of payment only, the services are considered accepted on the date the COR inputs the service into DSS. 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.

b. For any discrepancies in payment, contact j8bvendorpayments@dla.mil

5.3 RESERVED

Note: DLA Forms 2505 and 2505-1 replace DRMS Forms 1683 and 1683-1.

5.4 REMEDIES FOR NON-COMPLIANCE

a. Failure to submit timely and complete documentation for Contractor payment authorization will result in no or partial payment for the subject TO. Payment may be approved upon resubmission of the correct documentation for all line items on the TO. The Government, at the discretion of the KO, can utilize other remedies including not exercising a follow-on option period and utilization of past performance evaluations in future contract award decisions.

b. Note that consideration pursuant to Inspection of Services – Fixed Price, can be taken against any open TO under the contract, not necessarily the TO with documented deficiencies. In addition, consideration may also be taken against another contract if there are no open TOs on the subject contract.

c. By submitting for payment in accordance with the above terms including any post-payment documentation requirements, the Contractor certifies that all services conform in all respects with contract requirements.

d. The Contractor shall comply with the requirements of FAR Subpart 42.12 with regard to a company change-of-name, and agree in writing to the timeline and procedures specified by the responsible KO. The Contractor must provide the KO with documentation to support the legally changed company name.

6.0 CONTRACT MINIMUM/MAXIMUM

This is a firm-fixed price indefinite quantity contract. The minimum shall be $25,000.00. 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.

EVALUATION FACTORS

Source Selection Method -- Best Value

(a) Trade-off Process Past Performance and Price: Award shall be made to the responsible offeror whose proposal conforms to the solicitation and is determined to be the most advantageous to the Government, past performance and price considered. The offer selected as best value will represent the best trade-off to the Government among past performance and price. Past Performance will be significantly more important than price. The Government will determine best value on the basis of an assessment of the following factors:

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

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

(b) Options.

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

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

(3) The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

PAST PERFORMANCE PROPOSAL AND EVALUATION

I. Past Performance Information (PPI) Requirements

(1) The offeror is required to provide any current relevant information regarding the level of performance, in terms of delivery and quality achieved under either Government or commercial contracts (hereinafter “reference”) for the same or similar services within the last 2 years. The information provided should support a qualitative review of the offeror’s record of performance in the areas of quality, adherence to contract schedules, management of the contract and regulatory compliance. Additionally, if performance deficiencies were identified, the offeror must explain what they were and what corrective action was taken, if any.

(2) Offerors shall submit past performance data for either the firm and/or principal subcontractor(s); and/or key employees of the firm. For each reference provide: a valid name and telephone number, contract number, contract type, dollar value, contract award and completion dates, point of contact, description of worked performed, and e-mail address of point of contact.. The description of work performed shall be in sufficient detail to explain how each reference relates to same or similar requirements of the instant solicitation in areas such as number of pickup locations, complexity, scope, and magnitude of the services to determine the relevancy of the work.

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

(4) The Government will evaluate up to three references submitted by the offeror. In the event that more than three references are submitted, the Government will evaluate the first three references based upon the date and time the reference surveys are received.

(5) Attachment 09 contains a past performance questionnaire/survey that is used to evaluate an offeror’s past performance. The offeror shall provide the past performance questionnaire in Attachment 09 to the past performance reference they identify in this part of the proposal. The past performance reference shall independently submit the survey to the point of contact listed in the solicitation for submittal of offers prior to the closing date of the solicitation. A past performance questionnaire is not required for any DLA Disposition Services Hazardous Waste Disposal contract that is submitted as a past performance reference. Any completed past performance survey received after the date of closing or directly from the offeror will not be considered in the past performance evaluation. Unless the Government has other past performance data readily available (see II (2) below) to evaluate a reference, the Government will not evaluate a reference listed in the past performance proposal if no corresponding questionnaire/survey is received from a reference for other than a DLA Disposition Services Hazardous Waste Disposal contract. The offeror is responsible for ensuring references submit past performance questionnaire/surveys; the Government will not be contacting references to obtain a questionnaire/survey on behalf of the offeror.

(6) The submission of a past performance volume is required from all offerors. For current or former DLA Disposition Services offerors the Government will not use any DLA Disposition Services contract for past performance evaluation purposes if it is not identified in the offeror’s past performance proposal unless there is negative information available on those contracts. If an offeror does not have any past performance references, offerors must at least identify a Volume II in their proposal and state they do not have any past performance to provide otherwise they may be considered non-responsive and excluded from the competition. If the Government only receives a past performance survey from a past performance reference and there is no information in an offeror’s proposal regarding that reference, the reference will not be considered. Offers received that have no references to evaluate will be considered to have no identifiable past performance and will be evaluated in accordance with II (4) below.

II. Evaluation of Past Performance

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

(2) In investigating an offeror’s past performance, the Government may consider information in the offeror’s proposal and/or readily available information obtained from other sources, including but not limited to the Past Performance Information Retrieval System (PPIRS), DLA Disposition Services personnel administering DLA Disposition Services contract references provided by the offeror, past and present customers and their employees, other government agencies, including state and local agencies, consumer protection organizations and better business bureaus, former subcontractors, and others who may have useful information.

(3) Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. This is a matter of judgement. Offerors will be given an opportunity to address especially unfavorable reports of past performance, and the offeror’s response, or lack thereof, will be taken into consideration.

(4) 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 may include PPI identified by an offeror in their past performance proposal for which a corresponding PPI questionnaire was 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.

ADDENDA TO FAR 52.212-1

1. 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.

2. 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.

3. DLA DISPOSITION SERVICES ELECTRONIC PROPOSAL GUIDANCE

You must submit your offer/quote via paperless electronic media (see paragraph (b) below) with the information required by DLA Disposition Services Solicitation and Contract Instructions and Information. Offers or quotes 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:

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.

Files in Adobe® PDF (Portable Document Format).

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.

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: erik.rundquist@dla.mil 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.

E-MAIL: If you choose to use e-mail, mail your offer/quote to: erik.rundquist@dla.mil. Questions, should 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. 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.

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.

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.

Electronic submissions must include, as a minimum:

Signature: If submitting a scanned version of a completed SF33/SF18/SF1449 cover sheet, a signature must be present on the document. Authentication for e-mailed submissions is verified by the offeror’s return address. E-mail submission received from a third party is not acceptable.

All applicable fill-in provisions.

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

Any other information required by the solicitation.

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

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.

4. PROPOSAL SUBMISSION FORMAT AND CONTENT – HAZARDOUS WASTE DISPOSAL SOLICITATIONS The following describes the information which must be furnished as part of the proposal and the format in which it must be presented. Proposals which do not provide the required information in the prescribed format may be excluded from further consideration.

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

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

(2) VOLUME II: Past Performance Information.

(b) MINIMUM CONTENT:

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

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

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

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

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

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

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

(3) VOLUME III FAR 52.219-9 and DFARS 252.219-7003 requirements

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