ADDENDUM to Solicitation Guam 7-5-12.pdf

RFP NO. SP4530-12-R-0003

GUAM

ADDENDUM

THIS ADDENDUM TO SP4530-12-R-0003 INCLUDES THE FOLLOWING CLAUSES,

PROVISIONS AND ADDENDA TO THESE FAR CLAUSES:

INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS FAR 52.212-1- (FEB 2012)

(added to provide full text)

EVALUATION -- COMMERCIAL ITEMS FAR 52.212-2 (JAN 1999)

CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS FAR 52.212-4 (FEB 2012)

FAR 52.212-1 - INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS - (FEB 2012)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

ADDENDUM

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section

Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925)

Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST ( http://assist.daps.dla.mil ).

(ii) Quick Search (http://assist.daps.dla.mil/quicksearch/ )

(iii) ASSISTdocs.com ( http://assistdocs.com ).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( http://assist.daps.dla.mil/wizard );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697- 1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the

ADDENDUM

Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

Offerors may obtain information on registration and annual confirmation requirements via the CCR database accessed through https://www.acquisition.gov or by calling 1-888-227-2423 or 269-961-5757.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

ADDENDUM

ADDENDUM TO 52.212-1- INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS

(a) You must submit your offer/quote via paperless electronic media (see paragraph (b) below) with the information required by FAR 52.215-1(c), FAR 52.212-1 and DLA Disposition Services Solicitation and Contract Instructions and Information. Offers 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:

(1) Files readable using these Microsoft Office® Products: WORD, EXCEL, POWERPOINT, or ACCESS. Spreadsheets must be sent in a file format that includes all formulas, macro and format information. Print image (scanned document that cannot show the calculations) is not acceptable.

(2) Files in Adobe® PDF (Portable Document Format).

(3) Files in HTML (Hypertext Markup Language): HTML documents must not contain active links to live Internet sites or pages. All linked information must be contained within your electronic offer and be accessible offline.

(4) Other electronic formats: Before preparing your offer/quote in any other electronic format, you must send an e-mail to the P.O.C. at: Rebecca.Kanetani@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.

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

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

(1) CD ROM via U.S. Mail or other carrier: Offerors shall label any and all submitted disks with the solicitation number and closing date, and the offeror’s name and address and contact phone number. Envelopes containing disks must be labeled per FAR 52.215-1(c). Your attention is also called to the entirety of that provision— all contained therein is applicable to paperless electronic offers. In the event of multiple submitted offers, place each offer/submission on its own disk(s) (one offer can comprise multiple disks). You must also submit only one offer/submission per envelope. Submit ONLY ONE (1) of each disk (no additional copies required).

(2) E-MAIL: If you choose to use e-mail, mail your offer/quote to:

DRMSHazardousContractsHawaii@dla.mil. DO NOT E-MAIL OFFERS/QUOTES TO THE P.O.C. Questions, however, 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.

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

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

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

FAR 52.212-1(f). Pay particular attention to the provisions that relate to the timing of e-mail submissions.

(d) Security Note: If you choose to password-protect your offer, you must provide the password to DLA DISPOSITION SERVICES before the closing date. Contact the P.O.C. (identified in paragraph (a)(4)) to arrange a means of providing it.

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

(1) Signature: If submitting a scanned version of a completed SF33/SF18/SF1449 cover sheet, a signature must be present on the document. If you choose to submit your offer/quote on a CD-ROM per 2(a) above (and you do not wish to include a scanned signed copy of the SF33/SF18/SF1449) you must clearly mark the label of the CD with the solicitation number, company name, along with the printed and signed name of person authorized to submit the offer/quote. Authentication for e-mailed submissions is verified by the offeror’s return address. E-mail submission received from a third party is not acceptable.

(2) All applicable fill-in provisions.

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

(4) Any other information required by the solicitation.

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

(g) Offerors shall make every effort to ensure that their submission is virus-free, due to information technology security software currently in use which may block transmission of messages/proposals if the email or attachment(s) contain anything that is suspected of containing viruses or malicious content. Offerors are cautioned to contact the Contracting Officer to verify receipt of their proposal well before the time due for bids, in order to allow time for alternate means of transmission, if needed. Offerors remain responsible for ensuring proposals are received by the Contracting Officer before the specified time, and extensions will not be granted in the event a particular offeror’s proposal is found to have been blocked. Submissions (or portions thereof) submitted which DO reflect the presence of a virus, or which are otherwise rendered unreadable by damage in either physical or electronic transit, shall be treated as “unreadable” per paragraph (f) above.

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

Electronic proposal submissions shall consist of one copy, with separately titled files for each volume, as follows:

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

(2) VOLUME II: Past Performance Information.

(b) MINIMUM CONTENT:

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

(i) Solicitation cover form completed and signed by an authorized representative on behalf of the offeror, in accordance with DLA Disposition Services - Electronic Proposal Guidance: The Standard Form (SF) 1449, Solicitation/ Contract/ Order for Commercial Items.

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

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

(iv) The offeror’s response for FAR 52.212-3, Offeror Representations and Certifications Commercial Items.

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

(i) Prepared in accordance with DLA Disposition Services - Past

Performance Information, for the offeror’s submission –

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

b. PPI Collection Document – Part 2 (Required if applicable, see PPI Collection Document - Part 1 for requirements)

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

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

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.

(End of Provision Addendum)

ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS

TIERED EVALUATION

(a) In accordance with DFARS 215.203-70, Request for Proposals – Tiered Evaluations of Offers, DLA Disposition Services will utilize the tiered approach. Offers will be solicited in order of precedence as follows:

(1) If offers are not received from at least two eligible, responsive, responsible Woman

Owned Small Businesses at a fair market price, in accordance with FAR 19.502-2, DLA DISPOSITION Services will proceed to the next tier.

(2) The next tier will be two or more eligible Small Businesses.

(b) All offers will be evaluated in accordance with the FAR 52.212-2 EVALUATION –

COMMERCIAL ITEMS

EVALUATION – COMMERCIAL ITEMS FAR 52.212-2 (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Past Performance

Price

Past performance is approximately equal to price.

ADDENDUM

(b) Options. 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 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).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

PAST PERFORMANCE INFORMATION (PPI)

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

(a) Requirement for Past Performance Information

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

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

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

The aspects of relevancy for this acquisition are: location, complexity, scope, and magnitude. How relevant a recent work effort (PP reference) accomplished by the offeror (Prime), and/or the proposed Principal Subcontractor, and/or the proposed Key Personnel, is to the current requirement will be determined by the Government.

(b) Sources for Past Performance Information

(1) PPI may be comprised of Government (Federal, State, or Local) and/or commercial

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

(c) Collection of Past Performance Information

(1) The offeror shall use the Past Performance Information (PPI) Collection Documents, Parts 1 through 5 (Attachments 14 through Attachment 20) to collect and/or provide all types of PPI (Offeror/Principal Subcontractor/Key Personnel) being submitted for the offeror’s proposal. PPI Collection Document – Part 1 contains instructions for the offeror for collecting and/or providing PPI, and is a mandatory proposal submission under Volume II for all offerors, regardless of the type(s) of PPI being submitted. The offeror is solely responsible for ensuring all required PPI Collection Documents are completed and submitted to the Government by the required due date.

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

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

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

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

(d) No Relevant Past Performance Information

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

ADDENDUM TO FAR 52.212-4 – CONTRACT TERMS AND CONDITIONS – COMMERCIAL

ITEMS

CONTRACTOR REPRESENTATIVE

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

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

NAME

TITLE

PHONE NUMBER

24 HOUR EMERGENCY NUMBER

ADDENDUM

INSURANCE -- WORK ON A GOVERNMENT INSTALLATION FAR 52.228-5 (JAN 1997)

(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.

(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government’s interest shall not be effective --

(1) For such period as the laws of the State in which this contract is to be performed prescribe; or

(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ proofs of required insurance, and shall make copies available to the Contracting Officer upon request.

INSURANCE DLAD 52.228-9000 (NOV 2011)

(a) The Contractor shall, at its own expense, provide and maintain during the entire period of any resulting contract, including any extensions granted by contract modification, at least the kinds and minimum amounts of insurance noted here:

(1) Workers’ Compensation and Employer’s Liability - $150,000 (except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.)

(2) General Liability- $500,000 per occurrence

(3) Automobile Liability – Property damage $20,000 per occurrence, bodily injury $200,000 per person and $500,000 per occurrence.

(b) When requested by the Contracting Officer, the Contractor shall provide a copy of all subcontractors’ proofs of required insurance no later than five (5) days before each subcontractor commences work on the Government installation.

CONTRACT MINIMUM/MAXIMUM

This is a firm-fixed price indefinite quantity contract. The minimum for the base period and each of the period options shall be 20% of the estimated value of the period. The maximum for the base and each of the priced options shall be 200% of the estimated value of the period.

ADDENDUM

PARTIAL PAYMENTS UPON FINAL DISPOSAL

(a) Partial task order payments will be effected in accordance with the Clause entitled Payments FAR 52.232-1, when the Contractor has satisfactorily completed the following services on a delivery order:

(1) Removed all Contract Line Item Numbers (CLINs) on a delivery order from Government facilities in accordance with the terms and conditions of this contract.

(2) Documented in accordance with the terms and conditions of this contract, acceptance of the hazardous wastes at the facility that will apply final treatment/disposal for which partial payment is requested.

(b) No partial task order payment will be effected under this clause except as provided for in (a)(1) and (2) above unless the Contracting Officer determines that the failure of the Contractor to remove all CLINs on a task order arose out of causes beyond the control and without the fault or negligence of the Contractor. In such event, the Contracting Officer may authorize partial delivery order payment for hazardous wastes when documentation has been provided to support its acceptance at the facility that will apply final treatment/disposal, notwithstanding the Contractor’s failure to remove all CLINs covered by such task order.

INDEMNIFICATION

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

DOCUMENTATION REQUIREMENTS, DLA DISPOSITION SERVICES ACCEPTANCE,

INVOICING AND TRACKING

a. SUBMISSION OF DOCUMENTATION TO FACILITATE ACCEPTANCE FOR

PAYMENT

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

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

(b) All signed return shipping papers (manifests or Bills of Lading as appropriate) from Qualified TSDFs authorized to receive the items as per DLA DISPOSITION SERVICES Instructions for Use of TSDFs and Transporters. Per Section 2.3, a copy of the Compressed Gas Cylinder (CGC) report shall be provided to the COR prior to invoicing. A copy of the CGC report is also to be submitted with the 1683-1 form.

2. The above documentation shall be submitted to:

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

b. ACCEPTANCE AND INVOICING

(1) For purposes of payment only, all disposal/recycling actions are considered accomplished on the date the items are accepted by the initial, properly permitted, qualified TSDF. For 6000 series CLINs, the services are considered accepted on the date the DLA Disposition Services Office inputs the pickup date into the DLA Disposition Services Base Operations Support System (BOSS). Subsequently, the Government shall generate and electronically transmit a Disposal Manifest Report(s) (591) covering all items on the task order within 20 days of receipt of the contractor’s original submittal.

The contractor will be paid using the Evaluated Receipt Settlement (ERS) process, wherein the Manifest Payment Approval (MPA) will be used as both a goods receipt and an invoice. The contractor will not provide the Paying Office an invoice for services or products provided. Payment to the contractor will be made through Electronic Funds Transfer (EFT) in accordance with the Prompt Payment Act (5 CFR 1315).

(2) For any discrepancies in payment, contact the contracting specialist or contracting officer at DLA Disposition Services assigned to this contract.

c. POST-PAYMENT TRACKING

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

Once the contractor has input disposal information into the Base Operations Support System (BOSS), notification to the responsible Contract Specialist must be made within 24 hours after order input is complete. Notification to the Contract Specialist can be made by e-mail. The contractor must indicate in the subject line of the email that disposal input into BOSS has been completed for specified PIIN (contract and task order number). The contractor must also notify the DLA Disposition Services Tracking Department by email at the following address:

Phase2Done@dla.mil.

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

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

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

(c) A unique or unspecified problem occurs with input into BOSS. The contractor should email the DLA Disposition Services Tracking Department with the specifics at DRMSPhase1_2Problems@dla.mil (Note: there is an underscore between the 1 and 2).

(3) Input of disposal information into BOSS by the disposal contractor will be within

20 calendar days after the waste has been disposed of. By signature on this contract, the contractor certifies the disposal data input into BOSS is accurate, complete, and meets all requirements set in this contract.

(4) The contractor shall specify in the notification to the Contract Specialist, as indicated in paragraph (2)(a) above, which, if any, of the line items disposed and input into BOSS are PCB items. The contractor must provide, to the generator and COR, copies of Certificates of Disposal signed by a responsible disposal facility official for all PCB items on a task order.

(5) The Government reserves the right to subsequently review/audit any and all information provided under the POST PAYMENT TRACKING paragraphs above; this includes all information directly input into BOSS by the contractor. Upon being informed of any deficiencies resulting from the Government review/audit, the contractor shall respond with correcting documentation within 10 calendar days. As outlined in DLAD 52.246-9072 (Section 5.5) Government Inspection, DLA Disposition Services also reserves the right to conduct on site visits to insure compliance with this and all other pertinent security regulations.

(6) No paperwork in conjunction with Phase II needs to be submitted to DLA

DISPOSITION SERVICES, WITH THE EXCEPTION OF PCB, ITEMS REQUIRING

DEMILITARIZATION, and COMPRESSED GAS CYLINDERS (CGC) REQUIREMENTS. Required documentation is listed in the applicable Section 2.0. The contractor is still required to maintain a complete audit trail for all waste streams. The contractor shall maintain hard copies of all disposal documentation for a period of six years after FINAL PAYMENT ON THE CONTRACT. This documentation will be made available to the Government upon request.

d. REMEDIES FOR NON-COMPLIANCE

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

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

(a) Termination for Cause (FAR 52.212-4)

(b) Indemnification (Addendum)

(c) Cessation of Phase I payments identified in paragraph (b)(1) above. The

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

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

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

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

DEPARTMENT OF LABOR WAGE DETERMINATION

Wage Determination Number 2005-2147 Revision 14 dated June 13, 2012 is applicable to this contract, and is made a part of the contract as Attachment 8.

SECURITY

Effective September 1, 2011, all Navy and Marine Corps installations require Navy Commercial Access Control System (NCAC) badges to gain access. Contractors and contractor personnel must be enrolled in NCAC in order to access installations. Cost of enrolling in the program should be considered in the pricing for this contract. Additional information can be found at:

http://www.rapidgate.com/index.php

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS DLAD 52.215-9017 (APR

2008)

THIS SOLICITATION/AWARD CONSISTS OF THE FOLLOWING DOCUMENTS,

EXHIBITS, AND OTHER ATTACHMENTS:

(End of Clause Addendum)

ATTACHMENT DOCUMENT No. of

PAGES

1 Acceptable Performance Level (APL) 6

2 Schedule of Prices 6

3 Pick Up Site Locations 1

4 Certificate of Recycling 1

5 Evaluation Data for Rejected – Refused Cylinders 1

6 Removal of Compressed Gas Cylinders from Disposal Services Accountability (Sep 03)

7 DD Form 1155 Order for Supplies or Services 1

8 DOL Wage Determination (2005-2147) Revision No. 14 dtd 06/13/2012 10

9 Transportation Profile Sheet 1

10 Facility Profile Sheet 1

11 Waste Code CLIN Selection Criteria 3

12 Definitions 2

13 Acronyms 2

14 Past Performance Information (PPI) Collection Document Part 1 2

15 Past Performance Information (PPI) Collection Document Part 2 2

16 Past Performance Information (PPI) Collection Document Part 3 2

17 Past Performance Information (PPI) Collection Document Part 4A 6

18 Past Performance Information (PPI) Collection Document Part 4B 6

19 Past Performance Information (PPI) Collection Document Part 4C 7

20 Past Performance Information (PPI) Collection Document Part 5 2