SP450022R0008 - Hill-Tooele Haz Waste.pdf

SP4500‐22‐R‐0008

ADDENDA TO 52.212‐1 INSTRUCTIONS TO OFFERORS

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.

PAST PERFORMANCE INFORMATION (PPI) INSTRUCTIONS

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

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

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

(d) The Government will evaluate up to three contracts submitted by the offeror. If an offeror identifies more than three contracts in its past performance proposal, the Government will evaluate the first three contracts in the order listed in the offeror’s past performance proposal. Current or past contracts with Defense Logistics Agency (DLA) Disposition Services will not be used for evaluation unless they are identified in the past performance proposal (See Addenda to FAR 52.212‐2 Evaluation ‐ Evaluation of Past Performance for exception of using PPI for contracts not identified).

(e) Attachment 4 contains a PPI questionnaire that is used to evaluate an offeror’s past performance. The offeror shall provide the PPI questionnaire in Attachment 4 to the past performance reference for contracts it identifies in its proposal. The past performance reference must independently submit the completed PPI questionnaire to the point of contact listed in the solicitation for submittal of offers prior to the closing date of the solicitation. A completed PPI questionnaire for a reference is not required for any DLA Disposition Services Hazardous Waste Disposal contract that is included in an offeror’s past performance proposal. The Government will not consider in an offeror’s evaluation any completed PPI questionnaire received after the date offers are due or directly from the offeror for that reference in the past performance evaluation unless the Government has other past performance data readily available (see II (2) below) to evaluate the reference. Offerors are responsible for ensuring their references submit PPI questionnaires directly to the point of contact listed in the solicitation for submittal of offers; the Government will not be contacting references to obtain a questionnaire/survey on behalf of the offeror.

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

SMALL BUSINESS PARTICIPATION PLAN REQUIREMENTS

(a) The offeror is required to submit a small business participation plan, and a separate and distinct small business subcontracting plan in accordance with FAR 52.219‐9 and DFARS 252.219‐7003. Small business offerors are not required to submit the small business subcontracting plan, but must still submit a small business participation plan.

(b) All offerors shall submit a small business participation plan that details their intended utilization of small business subcontractors during performance of the contract. This shall include the percentage of work to be performed by small business subcontractors (to include specific goals or percentages for various socio‐economic categories as defined in FAR Part 19), the level of commitment to those goals (enforceable vs. non‐enforceable commitments), and the offeror’s established or planned procedures for small business outreach and utilization.

(c) For large business offerors, the small business participation plan shall conform to the submitted small business subcontracting plan.

(d) For small businesses, the small business participation plan should include the percentage of work performed by the prime contractor in addition to any subcontractors.

DLA DISPOSITION SERVICES ELECTRONIC PROPOSAL GUIDANCE

You must submit your offer/quote via email. 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 (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 Primary Point of Contact listed for this Contract Opportunity to obtain a decision as to the format’s acceptability.

This e‐mail must be received by the P.O.C. no later than seven 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.

Questions must be emailed directly to the Primary Point of Contact listed for this Contract Opportunity.

The subject line of the e‐mail(s) containing your proposal must read “OFFER– [solicitation number], COMPANY NAME, CLOSES [closing date].”

Maximum size of each e‐mail message shall be five 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.” DLA DISPOSITION SERVICES cannot guarantee the security of the offer;

offers are submitted at the Contractor’s risk.

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 Primary Point of Contact listed for this Contract Opportunity to arrange a means of providing it.

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.”

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.

(3) VOLUME III: Small Business Participation Plan and separate Small Business Subcontracting Plan.

(b) MINIMUM CONTENT:

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

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

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

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

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

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

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

(3) VOLUME III (Small Business Participation Plan and separate Small Business Subcontracting Plan) See clause Small Business Participation Plan Proposal and Evaluation for submittal requirements.

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

SP4500-22-R-0008

ADDENDA TO FAR 52.212-2 EVALUATION

SOURCE SELECTION METHOD - BEST VALUE

(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 offer selected as best value will represent the best trade-off to the Government among past performance, small business participation, and price. Past Performance is more important than small business participation, but when combined non-price factors 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) Small Business Participation Factor – The Government will evaluate small business participation in accordance with the Small Business Participation Proposal and Evaluation clause in this solicitation.

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

(b) Options.

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

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

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

PAST PERFORMANCE EVALUATION

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

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

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

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

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

EVALUATION OF SMALL BUSINESS PARTICIPATION PLANS

(a) The evaluation of Small Business Subcontracting Plans, as required by FAR 52.219-9 applies to all offerors except small businesses. The evaluation of Small Business Participation Plans applies to all offerors.

(b) For purposes of small business that are not required to submit subcontracting plans, the Government will evaluate the amount of work proposed to be done by a small business either at the prime level or at the first-tier subcontract level. This evaluation for small businesses will not involve any of the other categories in the small business contracting plan.

(c) The Small Business Participation Plan will be evaluated in terms of the offeror’s proposed subcontracting participation, the extent of commitment to use the subcontractor(s) (enforceable vs. non-enforceable commitments), and the offeror’s established or planned procedures for small business outreach and utilization.

(d) Evaluation of Small Business Participation will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptability. This is a matter of judgement. An adjectival rating will be assigned to each offeror that is based on their overall small business subcontracting goals, commitment to use of small business subcontractors, and their procedures or plans for small business outreach and utilization.

EVALUATION OF SUBCONTRACTING PLANS

(a) The evaluation of Small Business Subcontracting Plans, as required by FAR 52.219-9 and DFARS 252.219-7003 applies to all offerors except small businesses.

(b) The Small Business Subcontracting Plan will be evaluated to determine if it meets the requirements of FAR 52.219-9 and DFARS 252.219-7003. If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the offeror will be ineligible for award. The evaluation of the Small Business Subcontracting Plan will be on the basis of total contract value (base and all options).

ADDITIONAL CONTRACT TERMS AND CONDITIONS

This solicitation incorporates one or more clauses/provisions by reference, with the same force and effect as if they were given in full text. The full text may be accessed electronically at https://www.ecfr.gov/ . Upon request, the Contracting Officer will make their full text available. Incorporated clauses/provisions are those in effect through Federal Acquisition Circular 2022-01 effective December 6, 2021.

CLAUSES THAT APPLY TO THIS ACQUISITION:

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

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

*The following clauses cited under 52.212-5(a) are applicable to this acquisition:

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim *The following clauses cited under 52.212-5(b) are applicable to this acquisition:

52.203-6, Restrictions on Subcontractor Sales to the Government, Alternate I 52.203-13, Contractor Code of Business Ethics and Conduct 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns 52.219-8, Utilization of Small Business Concerns 52.219-16, Liquidated Damages – Subcontracting Plan 52.219-28, Post-Award Small Business Program Representation https://www.ecfr.gov/

52.222-3, Convict Labor 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-35, Equal Opportunity for Veterans 52.222-36, Equal Opportunity for Workers with Disabilities 52.222-37, Employment Reports on Veterans 52.222-40, Notification of Employee Rights Under the National Labor Relations Act 52.222-50, Combating Trafficking in Persons 52.222-54 Employment Eligibility Verification 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13, Restrictions on Certain Foreign Purchases 52.232-33, Payment by Electronic Funds Transfer --System for Award Management 52.242-5, Payments to Small Business Subcontractors *The following clauses cited under 52.212-5(c) are applicable to this acquisition:

52.222-41, Service Contract Labor Standards 52.222-42, Statement of Equivalent Rates for Federal Hires 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) 52.222-55, Minimum Wages Under Executive Order 52.222-62, Paid Sick Leave Under Executive Order

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

DFARS 252.219-7003 Small Business Subcontracting Plan (DoD Contracts), Basic DFARS 252.225-7001 Buy American and Balance of Payments Program DFARS 252.225-7002 Qualifying country sources as subcontractors DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.225-7021 Trade Agreements DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, And Native Hawaiian

Small Business Concerns FAR 52.229-12 Tax on Certain Foreign Procurements FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DFARS 252.232-7010 Levies on Contract Payments DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration DFARS 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel FAR 52.242-15 Stop-Work Order DFARS 252.243-7002 Requests for Equitable Adjustments DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea—Basic FAR 52.253-1 Computer Generated Forms

ADDITIONAL CLAUSES IN FULL TEXT INFORMATION THAT APPLY TO THIS ACQUISITION:

FAR 52.216-18 Ordering

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

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

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

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

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

(3) If sent electronically, the Government either—

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

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

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

FAR 52.216-19 Order Limitations

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

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

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

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

FAR 52.216-22 Indefinite Quantity

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the 360th day after contract ends.

FAR 52.217-8 Option to Extend Services The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 7 days prior to contract expiration.

FAR 52.217-9 Option to Extend the Term of the Contract

(a) The Government may extend the term of this contract by written notice to the Contractor within 3 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

52.219-9, Small Business Subcontracting Plan, Alternate II

As prescribed in 19.708(b), insert the following clause:

SMALL BUSINESS SUBCONTRACTING PLAN (SEP 2021)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause— Alaska Native Corporation (ANC) means any Regional Corporation, Village Corporation, Urban Corporation, or

Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

Commercial item means a product or service that satisfies the definition of commercial item in Federal Acquisition Regulation (FAR) 2.101.

Commercial plan means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

Electronic Subcontracting Reporting System (eSRS) means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

Individual subcontracting plan means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror's planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

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Master subcontracting plan means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved.

Reduced payment means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor.

Subcontract means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

Total contract dollars means the final anticipated dollar value, including the dollar value of all options.

Untimely payment means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor.

(c)

(1) Proposals submitted in response to this solicitation shall include a subcontracting plan that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the Offeror is submitting an individual subcontracting plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate a subcontracting plan shall make the Offeror ineligible for award of a contract.

(2)

(i) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

(ii) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if–

(A) The subcontractor is registered in SAM; and

(B) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.

(iii) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.

(iv) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.

(d) The Offeror’s subcontracting plan shall include the following:

(1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C.

1626:

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe; and

(ii) Where one or more subcontractors are in the subcontract tier between the prime Contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate Contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the ANC’s or the Indian tribe’s written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.

(2) A statement of–

(i) Total dollars planned to be subcontracted for an individual subcontracting plan; or the Offeror's total projected sales, expressed in dollars, and the total value of projected subcontracts, including all indirect costs except as described in paragraph (g) of this clause, to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and

Indian tribes); and

(vii) Total dollars planned to be subcontracted to women-owned small business concerns.

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to-

(i) Small business concerns;

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns; and

(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, SAM, veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with–

(i) Small business concerns (including ANC and Indian tribes);

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the Offeror who will administer the Offeror's subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the Offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the Offeror will include the clause of this contract entitled "Utilization of Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that the Offeror will–

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the Offeror with the subcontracting plan;

(iii) After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity contracts with individual subcontracting plans where the contract is intended for use by multiple agencies;

(iv) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by the Small Business Administration as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations;

(v) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;

(vi) Provide its prime contract number, its unique entity identifier, and the e-mail address of the Offeror’s official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and

(vii) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own unique entity identifier, and the e-mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and https://www.acquisition.gov/far/19.702#FAR_19_702 http://www.esrs.gov/ award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(i) Source lists (e.g., SAM), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, indicating-

(A) Whether small business concerns were solicited and, if not, why not;

(B) Whether veteran-owned small business concerns were solicited and, if not, why not;

(C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;

(D) Whether HUBZone small business concerns were solicited and, if not, why not;

(E) Whether small disadvantaged business concerns were solicited and, if not, why not;

(F) Whether women-owned small business concerns were solicited and, if not, why not; and

(G) If applicable, the reason award was not made to a small business concern.

(iv) Records of any outreach efforts to contact-

(A) Trade associations;

(B) Business development organizations;

(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, service-disabled veteran-owned, and women-owned small business sources; and

(D) Veterans service organizations.

(v) Records of internal guidance and encouragement provided to buyers through-

(A) Workshops, seminars, training, etc.; and

(B) Monitoring performance to evaluate compliance with the program’s requirements.

(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the

Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement.

(12) Assurances that the Offeror will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that it used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal. Responding to a request for a quote does not constitute use in preparing a bid or proposal. The Offeror used a small business concern in preparing the bid or proposal if–

(i) The Offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the subcontract; or

(ii) The Offeror used the small business concern's pricing or cost information or technical expertise in preparing the bid or proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work if the Offeror is awarded the contract.

(13) Assurances that the Contractor will provide the Contracting Officer with a written explanation if the Contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (d)(12) of this clause. This written explanation must be submitted to the Contracting Officer within 30 days of contract completion.

(14) Assurances that the Contractor will not prohibit a subcontractor from discussing with the Contracting Officer any material matter pertaining to payment to or utilization of a subcontractor.

https://www.acquisition.gov/far/2.101#FAR_2_101

(15) Assurances that the offeror will pay its small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor (see 52.242-5).

(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:

(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns.