ADDENDUM_to_Solicitation_IW_KOREA_R1.pdf

RFP NO. SP4530-13-R-0001

IW KOREA

ADDENDUM

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

PROVISIONS AND ADDENDA TO THESE FAR CLAUSES:

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

SYSTEM FOR AWARD MANAGEMENT REGISTRATION – FAR 52.204-99 (AUG 2012)

(DEVIATION)

(a) Definitions. As used in this clause-

"Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file. This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor's CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN Attachment, Page 1 of 4 validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

ADDENDUM

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the nonprocurement common rule by agencies, Government corporations , or by the Government Accountability Office.

(b)

(1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS+4.

(3) If indicated by the Government during performance, registration in an alternate system may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number-

(i) Via the internet at http://fedgov.dnb.com/webform or if the contractor does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and

Bradstreet office. The contractor should indicate that it is a contractor for a U.S.

Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g)

(1)

(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible

Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) of this clause, or fails to perform the agreement at paragraph (g) (1) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the

"Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Contractors may obtain information on registration and annual confirmation requirements via the SAM accessed through https://www.acquisition.gov or by calling 866-606-8220, or 334-206- 7828 for international calls.

(End of Clause)

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;

(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, ADDENDUM 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 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 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 E-mail. Identify the software application, and version, that you used to create each file submitted.

(1) E-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. identified in paragraph (a)(4).

Offers/quotes emailed to the P.O. C. may result in rejection of your submission. 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.

(c) Lateness rules for e-mail submissions are outlined in 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. 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.

ADDENDUM

PROPOSAL SUBMISSION FORMAT AND CONTENT – INDUSTRIAL 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.

(3) VOLUME III: Technical

(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.

(v) The offeror’s response for DFAR 252;229-7001 (page 17) if applicable

(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

(3) VOLUME III Technical:

(i) Intermediate Treatment Business Permits.

(ii) Incineration Permits as mandated by Korean Environmental Laws

(iii) Recycling Permits

(iv) Transportation Permits

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

EVALUATION FACTORS – FULL AND OPEN COMPETITION

Source Selection Method – Best Value (FAR 15.101)

(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:

(i) Past Performance;

(ii) Technical demonstration that the permits meet the Government requirements;

(iii) Price

Past Performance is significantly more important than technical, and when combined are significantly more important than price.

(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, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

TECHNICAL EVALUATION

(a) Evaluation of Intermediate Treatment Business Permits, Incineration Permits as mandated by Korean Environmental Laws, Recycling Permits and Transportation Permits.

(1) The Government will review the Permits to verify they are current and applicable for the waste to be transported and disposed. The Permits will be rated as “Acceptable”, or “Unacceptable”. A determination of “Acceptable” will be given to Permits that clearly meets the minimum requirements of the solicitation. A rating of “Unacceptable” indicates that the Permits do not clearly meet the minimum requirements of the solicitation.

(2) Permits shall be provided in English.

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.

(i) 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).

(ii) 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 4 through Attachment 10) 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.

(i) 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).

(A) 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.

(ii) 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.

(iii) 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

ADDENDUM

(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

WORKERS’ COMPENSATION AND WAR HAZARD INSURANCE OVERSEAS FAR 52.228-4

– (APR 1984)

(a) This paragraph applies if the Contractor employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to workers’ compensation insurance under the Defense Base Act (42 U.S.C. 1651, et seq.). On behalf of employees for whom the applicability of the Defense Base Act has been waived, the Contractor shall

(1) provide, before commencing performance under this contract, at least that workers’ compensation insurance or the equivalent as the laws of the country of which these employees are nationals may require, and

(2) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act would apply but for the waiver, a clause similar to this paragraph (a) (including this sentence) imposing upon those subcontractors this requirement to provide such workers’ compensation insurance coverage.

(b) This paragraph applies if the Contractor or any subcontractor under this contract employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to the War Hazards Compensation Act (42 U.S.C. 1701, et seq.). On behalf of employees for whom the applicability of the Defense Base Act (and hence that of the War Hazards Compensation Act) has been waived, the Contractor shall, subject to reimbursement as provided elsewhere in this contract, afford the same protection as that provided in the War Hazards Compensation Act, except that the level of benefits shall conform to any law or international agreement controlling the benefits to which the employees may be entitled. In all other respects, the standards of the War Hazards Compensation Act shall apply; e.g., the definition of war-hazard risks (injury, death, capture, or detention as the result of a war hazard as defined in the Act), proof of loss, ADDENDUM and exclusion of benefits otherwise covered by workers’ compensation insurance or the equivalent. Unless the Contractor elects to assume directly the liability to subcontractor employees created by this clause, the Contractor shall insert, in all subcontracts under this contract to which the War Hazards Compensation Act would apply but for the waiver, a clause similar to this paragraph (b) (including this sentence) imposing upon those subcontractors this requirement to provide war-hazard benefits.

INSPECTION OF SERVICES -- FIXED-PRICE FAR 52.246-4 (AUG. 1996)

(a) Definition: “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

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.

The following clause, automatically inserted, is not applicable to this requirement –

DLAD 52.211-9000 – GOVERNMENT SURPLUS MATERIAL (NOV 2011)

DFARS 252.209-7998 – REPRESENTATION REGARDING CONVICTION OF A FELONY

CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007)

(MAR 2012)

DFARS 252.209-7999 – REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELIQUENT TAX LIABILITY OR A FELON CONVICTION UNDER ANY FEDERAL LAW

(DEVIATION 2012-O0004) (JAN 2012)

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:

ATTACHMENT DOCUMENT No. of

PAGES

1 Acceptable Performance Level (APL) 2

2 Schedule of Prices 2

3 Estimation of Waste for One Year 1

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

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

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

(End of Clause Addendum)

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

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

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

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