DFSP_SP_Thermal_SF1449_SPE603-19-R-0512_0005_8.28.2019.pdf

ADDITIONAL INSTRUCTIONS FOR ALL PROSPECTIVE OFFERORS

Note: See FAR 52.212-1-INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (OCT 2018) and Addendum and FAR 52.212-2

EVALUATION-COMMERCIAL ITEMS (OCT 2014) for complete instructions on how to submit proposal.

A. Attached is Solicitation SPE603-19-R-0512 is for a three-year contract for environmental remediation services at DFSP San Pedro. In

Accordance with (IAW) the Performance Work Statement (PWS) these services are the remediation of seven (7) bulk field-constructed underground storage tanks (BFCUSTs) utilizing in-situ thermal remediation (ISTR) technologies.

B. Pre-proposal conference is scheduled for May 30, 2019.

C. The North American Industry Classification System (NAICS) Code for this solicitation is 562910 and the size standard is 750 employees. The point of contact (POC) for the DLA Small Business Office is Mr. Gregory Thevenin telephone (703) 624-5495.

D. E-mail proposals must be received on June 17 July 12, 2019, by 3:00 p.m. Fort Belvoir time. Do not return the entire solicitation package. Complete and return one original copy of the Offeror Submission Package (OSP) (Attachment 2), and an original and four copies of the Technical Proposal as described in 52.212-1 INSTRUCTIONS TO OFFERS—COMMERCIAL Items (OCT 2018) with

Addendum, and the pricing sheets for Clause B-0001 B34.01 with your offered prices inserted in them. All proposals must meet the limitations in addendum to 52.212-1 – INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (OCT 2018) with Addendum.

Email proposals should be sent with the subject line “[Company Name], DFSP San Pedro SPE603-19-R-0512, Proposal, email 1 of

[number of intended emails]. Email proposals are not to exceed 5mb per email.

DLA ENERGY–FESDA is the designated office for receipt of offers. All offerors shall clearly mark emails sent in response to this solicitation with the words, “Offer Under Solicitation SPE603-19-R-0512.” For Verification of Receipt contact

Rhoji.Fernandez@DLA.mil, (571) 767-8555.

Unnecessarily elaborate brochures or other presentation beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the offeror’s lack of cost consciousness. Elaborate artworkand expensive visual and other presentations are neither necessary nor wanted.

E. FAXED PROPOSALS ARE NOT AUTHORIZED. Please e-mail your proposal to: bidcustodian@dla.mil with a copy to rhoji.fernandez@dla.mil and heather.adams@dla.mil. Late proposals will be processed in accordance with FAR 15.208 –

SUBMISSION, MODIFICATION, REVISION, AND WITHDRAWAL OF PROPOSALS. Offeror’s proposals shall be prepared in four separate volumes and provided in the quantities shown below:

Volume Title No. of Copies Page Limit

I Technical

Management

Proposal

1 PDF electronic copy (OCR text recognizable, fully searchable), and all TMP components will be provided in native MS Office file format (unprotected, editable)

150 180

II Offeror Submission

Package

1 PDF electronic copy, & 1 MS Excel electronic copy of Attachment

3 – Price Proposal Worksheet

None

III Past Performance 1 PDF Electronic Version None

IV Socioeconomic

Proposal

1 PDF Electronic Version None

F. Unless you specifically state otherwise, your offer accepts all terms and conditions included in this solicitation. Any exceptions to any part of this solicitation must be specifically identified in a cover letter to your proposal. The Government will perform price analysis to ensure a fair and reasonable price. The Government reserves the right to conduct a price realism analysis to determine whether the offeror understands the contract requirements. For additional details, refer to 52.212-1 INSTRUCTIONS TO OFFERS—

COMMERCIAL Items (OCT 2018) with addendum.

G. Proposals which are unrealistic in terms of technical approach, management, quality control, or have unrealistic prices may be deemed reflective of lack of technical understanding or indicative of failure to fully comprehend the complexity and risks of the proposed contractual requirements and may result in a technical rating downgrade.

H. The Government intends to evaluate proposals and award one contract after written or oral discussions with all responsible offerors that submit proposals within the competitive range. This procurement will use formal Source Selection Procedures using the Tradeoff source selection process (FAR 15.101-1). See 52.212-2 EVALUATION – COMMERICAL ITEMS (Oct 2014) for evaluation methodology and factors. The resulting contract will be Firm-Fixed-Priced (FFP) with one four Time & Materials CLINs.

I. The government will not award to a contractor who is suspended, debarred, or ineligible at time of award.

J. Care should be taken to mail correspondence relating to this solicitation or resulting contracts to the appropriate office as indicated above.

mailto:bidcustodian@dla.mil mailto:heather.adams@dla.mil

CONTENTS

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS 8

B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991) 8

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 9

SECTION D - PACKAGING AND MARKETING 9

NO CONTENT 9

SECTION E – INSPECTION AND ACCEPTANCE 9

52.246-4 INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996) 9

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) 9

SECTION F – DELIVERIES OR PERFORMANCE 910

52.242-15 STOP-WORK ORDER (AUG 1989) 910

F-0001 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014) 10

SECTION G – CONTRACT ADMINISTRATION DATA 1011

252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991) 1011

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(DECEMBER 2018) 11

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DECEMBER 2018) 12

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 13

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017) 13

SECTION H – SPECIAL CONTRACT REQUIREMENTS 14

H-0001 H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992) 14

H-0002 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS

(DLA ENERGY JAN 2012) 14

SECTION I – CONTRACT CLAUSES 14

52.202-1 DEFINITIONS (NOV 2013) 14

52.203-3 GRATUITIES (APR 1984) 1415

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014) 15

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010) 15

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

OR STATEMENTS (JAN 2017) 17

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) 18

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) 18

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 18

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) 19

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JULY 2016) 20

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENTANCE (JUL 2016) 20

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) 21

52.209-10 PROHBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

DEVELOPMENT (NOV 2015) 2122

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) ALTERNATE 1

(JAN 2017), ADDENDUM 1, AND ADDENDUM 2 22

ADDENDUM 1 TO 52.212-4 28

52.243-1 CHANGES – FIXED-PRICE (AUG 1987) W/ALTERNATE II (APR 1984) 28

ADDENDUM 2 TO 52.212-4 29

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (JAN 2019) 29

52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM (MAR 1989) 32

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) 32

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2014) (DEVIATION 2019-O0003) 32

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (AUG 2018) (DEVIATIONS 2018-O0018) 33

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEPT 2013) 38

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011) 38

52.223-6 DRUG-FREE WORKPLACE (MAY 2001) 38

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) 39

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY 2011) 39

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007) 39

52.227-14 RIGHTS IN DATA—GENERAL (MAY 2014) 3940

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 42

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) 42

52.232-1 PAYMENTS (APR 1984) 43

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) 43

52.232-11 EXTRAS (APR 1984) 43

52.232-17 INTEREST (MAY 2014) 43

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) ALT I (APR 1984) 4344

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 44

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 44

52.233-1 DISPUTES (MAY 2014) 44

52.233-3 PROTEST AFTER AWARD (AUG 1996) 45

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 45

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) 45

52.237-3 CONTINUITY OF SERVICES (JAN 1991) 45

52.242-13 BANKRUPTCY (JUL 1995) 46

52.244-2 SUBCONTRACTS (OCT 2010) 46

52.245-1 GOVERNMENT PROPERTY (JAN 2017) 47

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014) 52

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 53

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 53

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) 53

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012) 53

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) 53

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) 5354

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 54

252.204-7012 SAFEGUARDING OF COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016) 54

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) 57

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE

GOVERNMENT OF COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015) 57

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)—BASIC (DEC 2018) 57

252.223-7001 HAZARD WARNING LABELS (DEC 1991) 58

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS

– BASIC (SEP 2014) 58

252.227-7013 RIGHTS IN TECHNICAL DATA—NON-COMMERCIAL ITEMS (FEB 2014) 5859

252.227-7015 TECHNICAL DATA—COMMERCIAL ITEMS (FEB 2014) 63

252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 2016) 64

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 66

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL

(JUN 2013) 67

252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012) 67

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 68

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 68

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) 69

252.246-7004 SAFETY OF FACILITIES, INFRASTRUCTURE, AND EQUIPMENT FOR MILITARY

OPERATIONS (OCT 2010) 69

252.246-7008 SOURCES OF ELECTRONIC PARTS (MAY 2018) 69

52.204-9000 CONTRACTOR PERSONNEL SECURITY (MAY 2009) 71

I-0001 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS

(DLA ENERGY FEB 1996) 72

I-0002 I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OF

EVIDENCE OF FRAUD UNDER THE CONTRACT (DLA ENERGY JUL 2008) 72

I-0003 I605.01 DISCLOSURE OF INFORMATION (DLA ENERGY JAN 2012) 72

SECTION J – LIST OF ATTACHMENTS 73

ATTACHMENT 1 – PERFORMANCE WORK STATEMENT 73

ATTACHMENT 2 – OFFEROR SUBMISSION PACKAGE 73

ATTACHMENT 3 – PRICE PROPOSAL WORKBOOK 73

ATTACHMENT 4 – PAST PERFORMANCE QUESTIONNAIRE 73

ATTACHMENT 5 – DLA ENERGY 19.3 – FEB 2018 73

ATTACHMENT 6 – JOINT VENTURE CONSENT FORM 73

ATTACHMENT 7 – TECHNICAL MANAGEMENT/PROPOSAL TABLES 73

ATTACHMENT 8 – PWS APPENDIX D-1 DFSP SAN PEDRO ENERGY CAPACITY TABLES PDF 73

ATTACHMENT 9 – PWS APPENDIX D-2 ELECTRICAL PACKAGE 2019-02-05 73

ATTACHMENT 10 – PWS APPENDIX D-3 AIR TITLE V CORRESPONDENCE 73

ATTACHMENT 11 – PWS APPENDIX E-1 GENERAL FIGURES PACKAGE 73

ATTACHMENT 12 – SAN PEDRO O&M BIOLOGICAL OPINION 73

ATTACHMENT 13 – SAN PEDRO CLOSURE BIOLOGICAL OPINION 73

ATTACHMENT 14 – BIOLOGICAL EVALUATION FOR RESTORATION 73

ATTACHMENT 15 – SAN PEDRO BIOLOGICAL ASSESSMENT 73

ATTACHMENT 16 – SAN PEDRO INTEGRATED CULTURAL RESOURCES MANAGEMENT PLAN 73

ATTACHMENT 17 – SAN PEDRO PIER 12 SPCC 73

ATTACHMENT 18 – SAN PEDRO INRMP 73

ATTACHMENT 19 – DLA ENERGY IPMP 73

ATTACHMENT 20 – SAN PEDRO HAZARDOUS WASTE PLAN 73

ATTACHMENT 21 – SAN PEDRO TERMINAL SWPPP 73

ATTACHMENT 22 – SCA WAGE DETERMINATION 73

ATTACHMENT 23 – DFSP SAN PEDRO TANK 1 CLOSURE REPORT 73

ATTACHMENT 24 – DFSP SAN PEDRO TANK 4 CLOSURE REPORT 73

ATTACHMENT 25 – DFSP SAN PEDRO TANK 5 CLOSURE REPORT 73

ATTACHMENT 26 – DFSP SAN PEDRO TANK 7 CLOSURE REPORT 73

ATTACHMENT 27 – DFSP SAN PEDRO TANK 11 CLOSURE REPORT 73

ATTACHMENT 28 – DFSP SAN PEDRO TANK 12 CLOSURE REPORT 73

ATTACHMENT 29 – DFSP SAN PEDRO TANK 15 CLOSURE REPORT 73

ATTACHMENT 30 – DFSP SAN PEDRO QUESTIONS AND ANSWERS 6.5.2019 73

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS 73

52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 73

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007) 74

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) 74

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014) 75

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018) 75

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016) 76

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) 77

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

—REPRESENTATION (NOV 2015) 77

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) 77

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (Oct 2018) 78

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR

A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) 79

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-CERTIFICATION (JUN 2018) 80

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (Oct 2018)

AND ALTERNATE 1 (Oct 2014) 80

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (OCT 2014) 89

52.222-56 CERTIFICATION REGARDING TRAFFICKING IN PERSONS COMPLIANCE PLAN (MAR 2015) 97

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (AUG 2018) 97

52.223-1 BIOBASED PRODUCT CERTIFICATION (MAY 2012) 98

252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APRIL 2019) 98

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION CONTROLS

(OCT 2016) 99

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR

REPORTED CYBER INCIDENT INFORMATION (OCT 2016) 100

252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL 100

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT

TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW.

(DEVIATION 2012-00004)(JAN 2012) 101

252.219-7000 ADVANCING SMALL BUSINESS GROWTH (SEP 2016) 101

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSON (JAN 2015) 101

K-0001 K15 RELEASE OF PRICES (DLA ENERGY MAR 2009) 101

K-0002 K33.01 AUTHORIZED NEGOTIATORS (DLA ENERGY APR 2007) 101

K-0003 K150 WIDE AREA WORKFLOW (WAWF) SUPPLEMENTAL INVOICE SUBMISSION

(DLA ENERGY MAY 2014) 101

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERS OR QUOTERS 102

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 102

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) 102

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (OCT 2018) (CD 2018-O0018) 103

ADDENDUM TO 52.212-1 – INSTRUCTIONS TO OFFERS – COMMERCIAL ITEMS (OCT 2018) (CD 2018-O0018) 105

SECTION I - EXCEPTIONS 107

SECTION II – TECHNICAL/MANAGEMENT APPROACH 108

TECHNICAL/MANAGEMENT Sub-Factor 1: Staffing and Relevant Experience 108

Section 1.1 Offeror(s) Relevant Experience - ISTR Experience 108

Section 1.2 Offeror(s) Relevant Experience - DOD or DLA Federal Contract Experience 109

Section 1.3 Staffing Approach 109

Section 1.4 Managerial Approach 110

Section 1.5 Analytical Laboratories 110

TECHNICAL MANAGEMENT Sub-Factor 2: BFCUST Phases & Deliverables Schedule 110

TECHNICAL MANAGEMENT Sub-Factor 3: Technical Approach (Overarching, Planning, and Permitting) 111

Section 3.1 Overarching 111

Section 3.2 Project Planning And Management 112

Section 3.3 NEPA Planning And EARRS 112

TECHNICAL MANAGEMENT Sub-Factor 4: Design Refinement Investigation through Design 112

Section 4.1 Design Refinement Investigation 112

Section 4.1.1 Contractor’s Procurement Plan 112

Section 4.1.2 Risk Management Approach 112

Section 4.2 RDIP and Design 112

Section 4.3 Design 112

Section 4.4 Scenario # 1 (RDIP and Design) 113112

TECHNICAL MANAGEMENT Sub-Factor 5: Technical Approach (INSTALLATION, OPERATIONS, AND DECOMMISSIONING PHASES) 113

52.216-1 TYPE OF CONTRACT (APR 1984) 116

52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE EVALUATION (FEB 1999) 116

52.232-38 SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFER (JUL 2013) 117116

52.233-2 SERVICE OF PROTEST (SEP 2006) 117

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) 117

252.204-7007 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (APR 2019) 117

L-0001 L1.02 PROPOSAL ACCEPTANCE PERIOD (DLA ENERGY NOV 1991) 117

L-0002 L2.01-1 PROPOSAL PREPARATION INSTRUCTIONS AND PAST PERFORMANCE AND

PLAN SUBMISSIONS (DLA ENERGY NOV 2016) 118

L-0004 L7

SOCIOECONOMIC PROPOSAL (DLA ENERGY MAR 2007) 118

L-0005 L2.11-4 E-MAIL PROPOSALS (DLA ENERGY OCT 2010) 119118

L-0006 L198 PREPROPOSAL CONFERENCE (SERVICES) (DLA ENERGY FEB 2009) 119

SECTION M – EVALUATION FACTORS FOR AWARD 119

52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014) 119

M-0001 M7

SOCIOECONOMIC EVALUATION (DLA ENERGY FEB 2005) 129

M-0002 M43.01

EVALUATION OF OPTIONS (DLA ENERGY MAR 2009) 130

M-0003 M72

EVALUATION OF OFFERS (EXCEPTIONS/DEVIATIONS) (DLA ENERGY APR 1997) 130

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B34.01 SERVICES TO BE FURNISHED AND PRICES (DLA ENERGY FEB 1991)

The services to be furnished during the period specified herein and the unit prices are as follows:

Non-personal services to provide, in accordance with Attachment 1, Performance Work Statement (PWS), the following: all non-

Government-furnished personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to remediate seven bulk field-constructed underground storage tanks (BFCUSTs) at DFSP San Pedro. The seven BFCUSTs were selected for in-situ thermal remediation (ISTR) technologies to include the following:

Electro-thermally enhanced multi-phase extraction (ET-MPE) - BFCUSTs 1, 5, 7, 11, and 12; and

Steam enhanced thermal extraction (SETE) at BFCUSTs 4, and 15.

PERIOD OF PERFORMANCE: November 1, 2019 – October 31, 2022

Three-Year Base Contract Period

CLIN Description UNIT PRICE

0001 Project Planning and Management $______________

0002 BFCUST 1 $______________

0003 BFCUST 5 $______________

0004 BFCUST 7 $______________

0005 BFCUST 11 (OPTION) $______________

0006 BFCUST 12 (OPTION) $______________

0007 BFCUST 4 $______________

0008 BFCUST 15 (OPTION) $______________

0009 Utilities $______________

Total Price $______________

One three-year Firm-Fixed-Priced contract shall be awarded with 6 Options CLINs. For CLINs 0001-0008, each CLIN includes all required labor, equipment, and materials to achieve requirements and deliverables. The PWS identifies deliverables that will be used to document the Contractor’s achievement of the requirements and is the basis for payment. The Contractor shall pay for all thermal system utilities under CLINs 0009 – CLIN 0012, all Time & Materials (T&M) CLINs. The ceiling price for CLINs 0009 is $45,242,064.00 0009-

0012 are provided below:

0009-01 (Natural Gas) $2,947,247.66

0009-02 (Electricity) $29,008,183.51

0010-01 (Natural Gas) $455,197.01

0010-02 (Electricity) $4,138,176.64

0011-01 (Natural Gas) $455,197.01

0011-02 (Electricity) $3,481,534.84

0012-01 (Natural Gas) $1,286,182.31

0012-02 (Electricity) $3,470,345.03

The 12 CLINS in the solicitation are used for proposal purposes. The government reserves the right to breakdown the CLINS per deliverable at time of award.

CLIN 0001 includes the planning and project management, including overarching deliverables necessary for effective implementation of contract requirements. CLINs 0002-0008 have similar deliverables, yet unique to each BFCUST. For example, there will be a Final

Remedial Design and Implementation Plan (RDIP) for each BFCUST, and each Final RDIP will use the same deliverable qualifier of “-

04”. So, deliverables will each have a unique Deliverable Identification Number; for example the Final RDIP for BFCUST 7 is “0004-04.”

CLIN 0009-0012 are the Time & Materials CLINs. When submitting an invoice for utilities, the Contractor will submit documentation that utility bill(s) for that billing period have been paid, The Contractor shall include any labor for processing payments to the utility companies in their pricing for CLIN 0001 Project Planning and Management.

Note: there are no CLINs for travel on this contract, only the requirements and deliverables under the CLINs described in this PWS. The

Contractor shall be required to travel during the performance of this contract to perform work and attend meetings. Unit pricing for deliverables shall include any associated travel costs on behalf of the Contractor and their subcontractors. Unit pricing for equipment, supplies, and consumables shall include all taxes and fees. Unit pricing for services, unless otherwise indicated, shall include equipment, supplies, and consumables.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Performance Work Statement is hereby incorporated by reference as if fully set forth herein. See Attachment I.

SECTION D - PACKAGING AND MARKETING

NO CONTENT

SECTION E – INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES – FIXED-PRICE (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.

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the

Government takes physical possession, unless the contract specifically provides for earlier passage of title.

(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon --

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b. destination.

(c) Paragraph (b) of this section shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection.

The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) of this section shall apply.

(d) Under paragraph (b) of this section, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the

Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either --

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if --

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the

Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

F-0001 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)

THIS PROVISION ONLY APPLIES TO DLA FUNDED LINE ITEMS.

(a) Contractor Registration. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. Contractors are strongly encouraged to establish a group email address for the primary email address for the contractor’s authorized point of contacts. The registered email addresses will be the only email used by the government to make notifications.

(b) All contractors must have an active System for Award Management (SAM) account, http://www.sam.gov in order to register for

DIBBS.

(c) The Contractor shall use DIBBS to receive orders. DLA Energy will not be using DIBBS receipt of quotes capability. All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation.

(d) Preparation and Transmission of Orders

(1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week).

The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities.

(2) Only a DLA Energy warranted Contracting Officer can issue an order, either orally or in writing, against a contract. An oral order issued by the warranted Contracting Officer shall provide the required advance notice to the Contractor and the following information: Interim order number; contract number; item number; ceiling price; quantity; delivery location; and the required delivery and/ or service date.

(i) For all product orders, the Contractor will receive an electronically signed written order via DIBBS, within 24 hours or one business day after the warranted Contracting Officer issues an oral order.

(ii) For all service orders, the Contractor will receive an electronically signed written order via DIBBS, within five business days after issuing the oral order.

(iii) Interim order number is subject to change once the electronically signed written order is received by the contractor. The order number on the written order will take precedence over the interim order number, if different.

(iv) Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the terms and conditions of the contract.

(v) Once the order has been issued, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office.

(3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message.

The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order.

(4) The Contractor’s nonreceipt of a written or electronic confirmation of an oral order or oral call against a written or electronic order does not relieve the Contractor from its obligation to perform in accordance with the oral order or oral call against a written or electronic order. The Contractor should contact the DLA Energy Contracting Officer if problems are experienced with receipt of the electronic or written confirmation.

SECTION G – CONTRACT ADMINISTRATION DATA

252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991)

(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the

Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DECEMBER 2018)

(a) Definitions. As used in this clause—

“Contract financing payment” means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include—

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR

52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include—

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

“Electronic form” means any automated system that transmits information electronically from the initiating system to affected systems.

“Invoice payment” means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include—

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under

Fixed-Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-

Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at

52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

“Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

“Receiving report” means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and

Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when—

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing

System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE

Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

https://wawf.eb.mil/

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DECEMBER 2018)

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow

(WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense

Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic

Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for

Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer

Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the

Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SL4701

Issue By DoDAAC SPE603

Admin DoDAAC SPE603

Inspect By DoDAAC DoDAAC: SPE603; Extension: ENVR

Ship To Code Not applicable

Ship From Code Not applicable http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/

(*Contracting Officer: Insert applicable DoDAAC information or, “See schedule,” if multiple ship to/acceptance locations apply, or, “Not applicable.”)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation

52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s

WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Email: DLAWAWF@DLA.mil

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017)

Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies.

(See the PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT or the PAYMENT BY

ELECTRONIC FUNDS TRANSFER - OTHER THAN SYSTEM FOR AWARD MANAGEMENT clause.)

Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF) 33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:

(a) Payee Name (Contractor): | | | | | | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

Mark For Code Not applicable

Service Approver (DoDAAC) Not applicable

Service Acceptor (DoDAAC) DoDAAC: SPE603; Extension: ENVR

Accept at Other DoDAAC Not applicable

LPO DoDAAC Not applicable

DCAA Auditor DoDAAC Not applicable

Other DoDAAC(s) Not applicable

(DO NOT EXCEED 153 CHARACTERS)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-0001 H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992)

(a) A DLA Energy representative other than the Contracting Officer (CO) may provide technical direction on contract performance.

Technical direction includes--

(1) Direction to the Contractor which assists him in accomplishing the Statement of Work; and

(2) Comments on and approval of reports or other deliverables.

(b) When the individual providing technical direction is not the CO, he does not have the authority to issue technical direction that--

(1) Institutes additional work outside the scope of the contract;

(2) Constitutes a change as defined in the CHANGES clause;

(3) Causes an increase or decrease in the estimated cost of the contract;

(4) Alters the period of performance; or

(5) Changes any of the other express terms or conditions of the contract.

(c) A Contractor following such unauthorized direction may be found in breach of contract and may not be reimbursed for increased costs resulting therefrom. Only a CO may authorize changes to the contract Statement of Work.

H-0002 H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DLA ENERGY JAN

2012)

(a) The General Liability Worker's Compensation and Automobile Liability Insurance to be procured and maintained by the Contractor and any subcontractors pursuant to the provisions of the INSURANCE - WORK ON A GOVERNMENT INSTALLATION provision shall provide at least the following minimum coverage:

GENERAL LIABILITY INSURANCE.

Bodily Injury..........................................................................................AT LEAST $100,000 per person

AT LEAST $1,000,000 per occurrence

Property Damage................................................................................…AT LEAST $1,000,000 per occurrence

Worker's Compensation...................................................................…...AT LEAST $100,000 except in states with exclusive monopolistic funds which do not permit the writing of workmen's compensation by private carriers

(Nevada, North Dakota, Ohio, Oregon, Washington, West Virginia, and Wyoming).

(Longshore and Harbor Workers' Compensation must also be provided when applicable.)

AUTOMOBILE LIABILITY INSURANCE.

Bodily Injury..........................................................................................AT LEAST $200,000 per person

AT LEAST $500,000 per occurrence

Property Damage...............................................................................….AT LEAST $ 20,000 per occurrence

(b) Prior to the commencement of work hereunder, at the request of the Contracting Officer, the Contractor shall submit the required certificates of insurance to the Contracting Officer.

SECTION I – CONTRACT CLAUSES

52.202-1 DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless–

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative –

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled –

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

(a) Definitions.

“Kickback,” as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.

“Person,” as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.

“Prime contract,” as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.

“Prime Contractor” as used in this clause, means a person who has entered into a prime contract with the United States.

“Prime Contractor employee,” as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.

“Subcontract,” as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.

“Subcontractor,” as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.

“Subcontractor employee,” as used in this clause, means any officer, partner, employee, or agent of a subcontractor.

(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from—

(1) Providing or attempting to provide or offering to provide any kickback;

(2) Soliciting, accepting, or attempting to accept any kickback; or

(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United

States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.

(c) (1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.

(2) When the Contractor…