Binder4.pdf
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- PBA Paint for SGL Federal contract opportunity
- Solicitation number
- W52P1J-19-P-PANT
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Combined Synopsis and Solicitation including all exhibits.
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COMBINED SYNOPSIS/SOLICITATION FOR PINE
BLUFF ARSENAL CARC PAINT
1. Per allowance provided by FAR 12.203, this is a combined synopsis and solicitation for Firm Fixed Price commercial service prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
a. Request for Proposal (RFP) is being issued by the Army Contracting Command -Rock Island (ACC-RI) for specified services listed in paragraph 1g.
b. This solicitation, and the provisions and clauses incorporated within, are in effect through the Federal Acquisition Circular 2005-97, effective 24 January 2018 and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20171228, effective 28 December 2017 (Offeror Representations and Certifications—Commercial Item). The complete text of any of the provisions and clauses included in this solicitation may be accessed in full text at http://farsite/hill.af.mil
c. Type of Set-Aside:
i. None
d. NAICS code:
i. 811121
e. Small Business Size Standard:
i. $7,500,000
f. Items being requested via this RFP:
i. 732 M257 Smoke Grenade Launchers.
ii. 64 M239 Smoke Grenade Launchers.
iii. 64 Metal Stowage Boxes for M239.
g. The work will be performed at the following location:
i. At the vendor’s facility.
ii. Pine Bluff Arsenal will deliver and pick up items within a 50 mile driving distance from the Arsenal.
http://farsite/hill.af.mil
iii. Vendors outside a 50 mile driving distance must quote transportation costs separately.
iv. Driving distance is determined using the shortest route from 10020 Kabrich Cir., Pine Bluff AR 71602 as shown on Google Maps.
h. The award resulting from this RFP shall comply with the clauses and provisions within this RFP. The contract will be awarded to the lowest price, technically acceptable proposal.
i. The required completion date is 31 May 2019.
2. 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (OCT
2015)
(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 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the
Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers.
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated
Government office on the date that offers or revisions are due.
(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the
Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the
Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent
Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The
Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The
GSA Index of Federal Specifications, Standards and Commercial Item
Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to—
GSA Federal Supply Service Specifications Section
Suite 8100
470 East 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 (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ 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
(https://assist.dla.mil/wizard/index.cfm);
(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) 697-2667/2179, 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 all offers exceeding
$3,500, and offers of $3,500or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) 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 SAM 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 a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local
Dun and Bradstreet office.
(k) System for Award Management. 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 SAM database prior to submission of a proposal, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM 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 SAM database accessed through https://www.acquisition.gov.
(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 the 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 the 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)
3. ADDITIONAL INFORMATION:
a. In accordance with FAR 52.204-7 and 52.204-13, offerors must be registered in SAM prior to submitting an offer.
b. All offerors are required to fill-in and return DFARs clause 252.209-7992 (DEV 2015-OO0005), (Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law—Exhibit #10).
4. QUOTE SUBMISSION
a. The proposal shall consist of the following:
i. Completed Solicitation and Price Proposal: One electronic copy submitted in PDF format. Potential vendors shall enter unit prices for all required CLINs. All unit prices will be binding once agreed to.
ii. Potential vendors shall forward the complete proposal, including the executed RFP and all amendments to the following electronic mail (e-mail) address and the subject line shall state PBA PAINT SUBMISSION:
A. Contract Specialist: Shavokie.m.gibson.civ@mail.mil
5. PROPOSAL FILES
Format – This RFP shall make use of electronic proposals submitted through e-mail only. The potential vendor is responsible for ensuring their complete proposal reaches the email address above in paragraph 4 a. ii. A. by the date mailto:Shavokie.m.gibson.civ@mail.mil and time specified. Please allow enough time for the entire proposal to go through any firewalls and reach the Government’s server. Hard copy proposals will not be accepted. Failure to submit all required information in the format directed shall lead to a determination that the proposal is non-compliant.
6. EVALUATION CRITERIA
52.212-2 Evaluation—Commercial Items.
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: EVALUATION—COMMERCIAL ITEMS (OCT 2014)
(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:
Technical Acceptability;
Price
Past Performance
i. Technical Factor Evaluations:
(a) An offeror’s proposal must fully address each of the sub factors delineated below, and must provide specified documentation with respect to each sub-factor. In order for an offeror’s technical proposal to be rated as “Acceptable”, each sub-factor identified below must receive an “Acceptable” rating.
“Acceptable” and “Unacceptable” ratings are defined as follows.
(b) Acceptable: The proposal demonstrates a clear understanding of the minimum requirements. Evidence provided indicates the stated approach will be successful and that the requirements set forth will be met. The offeror has successfully demonstrated the stated approach will be successful and has adequately addressed each of the following items: The understanding the requirement, work breakdown structure, maintenance plan, and experience of a similar nature.
(c) Unacceptable: The offeror fails to demonstrate a clear understanding of the minimum requirements, or the evidence provided does not fully demonstrate that the stated approach will be successful or does not indicate that the requirements set forth will be met. The Offeror has not adequately addressed any one of the following items, or, if addressed, the proposal fails to demonstrate that the stated approach will be successful: understanding the requirement, work breakdown structure, maintenance plan, or experience of a similar nature.
(d) Supplement to FAR 52.212-2, Instructions to Offerors: The government is not responsible for locating or securing any information, which is not identified in the quote. To ensure information is available, vendors must furnish as part of their proposal all descriptive material necessary for the government to determine whether the service meets the technical requirements. The following elements will be evaluated as part of the technical review:
Company portfolio to include authorized service provider letter, list of equipment manufacturer’s serviced, personnel training/certification/licensure programs, service programs available, relevant experience, GSA Contract No., etc.
Maintenance Plan including, but not limited to, training plans and standards, typical certifications, approach for service to equipment with proprietary rights, scheduling, and emergency response times.
Evidence of technicians’ Environmental Protection Agency (EPA) certifications.
Evidence Offeror can provide Original Equipment Manufacturer (OEM) recommended service/replacement parts for all items identified in the
PWS.
Sample Tasks are provided as an illustration of some of the common tasks to be performed. Contractor must indicate their understanding of each sample task and their ability to perform each task by giving a detailed explanation on how the task will be achieved.
ii. Price Factor Evaluation:
a. The Government reserves the right to require the submission of any data necessary to validate the reasonableness of an offer.
b. The Government will evaluate offers based on total prices proposed for: 732 M257 Smoke Grenade Launchers, 64 M239 Smoke Grenade Launchers, and 64 Metal Stowage Boxes for M239.
iii. Past Performance Evaluation:
(a) Past performance will be evaluated using information contained in PPIRS, CPARS, other Government databases, and information received from sources with personal knowledge of the offeror’s past performance if deemed necessary by the Contracting Officer and rated either as “Acceptable” or
“Unacceptable”. Offerors with no past performance will be rated “Acceptable”.
Each initial offer should contain the offeror’s best terms for award of a contract under the solicitation. If the Contracting Officer determines that a small business’ past performance is not acceptable, the matter shall be referred to the Small Business Administration for a Certificate of Competency determination, in accordance with the procedures contained in FAR Subpart
19.6 and 15 U.S.C. 637(b)(7).
(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
7. Technical acceptability is more important when compared to price. The Government intends to award an order to the lowest price technically acceptable offer. Quotes will be evaluated on their ability to meet the minimum technical requirements provided in the general scope of work.
8. All contractors who provide goods/services to the Department of Defense (DoD) must be registered in the System for Award Management (SAM). If you are not registered in SAM, you cannot be awarded a DoD contract. The internet site for registering in SAM is https://sam.gov/. You may also contact the SAM Help Desk Support at https://www.fds.gov or 866-606-8220.
9. Potential contractors shall submit their quote NLT 0800hrs (8:00 AM) CENTRAL
TIME, WEDNESDAY, 20 FEBRUARY 2019.
10. Please submit all question to the email below and place “PBA PAINT QUESTIONS” in the subject line. Answers to question will be answered through exhibit #007.
Amendments will be issued once questions are answered.
11. If you have any questions or concerns, please contact the undersigned, Mr. Val B. Hansen at 309-782-3720, email: val.b.hansen.civ@mail.mil or Mr. Shavokie Gibson, 309-792-4114, email: shavokie.m.gibson.civ@mail.mil.
12. EXHIBITS:
Exhibit #001 – General Scope of Work Exhibit #002 – Clauses Exhibit #003 – Picture 4-tube SGL Exhibit #004 – Picture Stowage Box Exhibit #005 – Offeror Representations and Certifications—Commercial Items.
Exhibit #006 – Class Deviation 2015-O0005 Attachment http://www.fds.gov/ http://www.fds.gov/ mailto:val.b.hansen.civ@mail.mil mailto:shavokie.m.gibson.civ@mail.mil.
Exhibit #007 – Pricing Matrix
GENERAL SCOPE OF WORK
1.0 APPLICABLE DOCUMENTS: The following documents form a part of this SOW to the extent specified in Section 3 of this Scope of Work (SOW) unless otherwise specified, the issues are those cited in the solicitation.
1.1 FEDERAL STANDARDS
FED-STD-595 - Color Green 383, Chip Number: 34094
(Page 4 and 20 of FED-STD-595)
MIL-DTL-53072E - CARC System Application Procedures and
Quality Control Inspection
1.2 ASTM STANDARDS
D3951-15 - Standard Practice for Commercial
Packaging
2.0 REQUIREMENTS
2.1 The contractor shall provide the labor, materials, facilities, and equipment to abrasively clean, pre-treat, prime, and paint the items. All coating materials shall be
IAW MIL-DTL-53072E.
2.1.1 All abrasive cleaning media shall be thoroughly removed from units prior pre-treating. The Contractor shall not pre-treat over blast media. The presence of the blast media under pre-treat or top coat on a unit shall be cause for the Contractor to rework the unit in question.
2.2 All items shall be packaged in the same manner in which the contractor received them from the government which will be IAW ASTM D3951-15.
2.3 TASK A. Preventive Measures
2.3.1 Use plastic plug or equivalent in open end of discharger tube to prevent blast media and paint from entering tube. Use plastic plug or equivalent in the weep hole(s) at the base of each discharger tube to prevent blast media and paint from entering tube.
2.3.2 Mask nameplate to prevent damage by blast media and paint.
2.3.3 Use plastic plug or equivalent to cover receptacle on discharger base to prevent damage by blast media.
2.3.4 Use plastic plug or equivalent in threaded holes of discharger base to prevent damage by blast media and paint.
2.3.5 The inside of the rectangular cavities in the 6-tube discharger must be abrasively cleaned and painted.
2.3.6 Do not damage rubber gaskets on discharger base during abrasive cleaning. These are located under the base plate and under the receptacle.
2.3.7 Dischargers must be handled carefully to prevent damage to the tubes and/or receptacle on base.
2.3.8 Dischargers shall be palletized to PBA.
2.4 TASK B. Cleaning
2.4.1 The contractor shall perform an abrasive cleaning process to all items delivered to them by the government. This abrasive cleaning process shall be IAW section 3.2 of
MIL-DTL-53072E and Section 2.1 of this SOW.
2.4.2 The contractor shall conduct an FAT of the abrasive cleaning at their facility within
30 calendar days after first unit is received by the contractor. This test will consist of a visual inspection of the cleaned unit. A government representative will witness the test. The contractor shall give the Government a minimum of 10 calendar days notice prior to the test in order for travel arrangements be made. The contractor may not proceed with cleaning units until the government has witnessed the FAT and has given permission to proceed.
2.5 TASK C. Pre-treatment
2.5.1 The contractor shall perform a pre-treatment process to all items delivered to them by the government. This pre-treatment process shall be IAW section 3.3 of MIL-DTL-
53072E and Section 2.1 of this SOW.
2.5.2 The contractor shall conduct an FAT of the pre-treatment process at their facility within 30 calendars after the first unit is received by the contractor. This test will consist of a visual inspection of the pre-treated unit. A government representative will witness this test. The contractor shall give the Government a minimum of 10 calendars days notice prior to test in order for travel arrangements to be made. The contractor may not proceed with pre-treating units until the government has witnessed the FAT and has given permission to proceed.
2.6 TASK D. Priming
2.6.1 The contractor shall perform a priming process to all items delivered to them by the government. This priming process shall be IAW section 3.4 of MIL-DTL-5302E and
Section 2.1 of this SOW.
2.6.2 The contractor shall conduct an FAT of the priming process at their facility within 30 calendar days after the first unit is received by the contractor. This test will consist of a visual inspection of the primed unit. A government representative will witness this test. The contractor shall give the Government a minimum of 10 calendar days notice prior to the test in order for travel arrangements to be made. The contractor may not proceed with priming units until the Government has witnessed the FAT and has given permission to proceed.
2.7 TASK E. Top-coating
2.7.1 The contractor shall perform a top-coating process to all items delivered to them by the government. This priming process shall be IAW section 3.5 of MIL-DTL-53072E and Section 2.1 of this SOW.
2.7.2 The contractor shall conduct an FAT of the top-coating process at their facility within
30 calendar days after the first unit is received by the contractor. This test will consist of a visual inspection of the completed unit. A government representative will witness this test. The contractor shall give the Government a minimum of 10 calendar days notice prior to the test in order for travel arrangements to be made. The contractor may not proceed with top-coating units until the government has witnessed the FAT and has given permission to proceed.
2.7.3 DELIVERY WILL BE COORDINATED FOR EACH SHIPMENT.
3.0 ENVIRONMENTAL REQUIREMENTS
3.1 Compliance with Environmental Laws and Regulations
3.1.1 Contractor shall comply with all applicable federal, state, and local environmental laws, Statutes, regulations, executive orders, permits, Army regulations (with supplements), as well as Major Subordinate Command (MSC) and installation regulation, policy, Host Tenant Agreement, Interagency Service Support Agreement, or Status-of-Forces Agreement. Contractor shall immediately report any conflicts between applicable federal, state, local environmental laws, statutes, executive orders, and provisions of Army Regulation 200-1, and any specifications within this contract to the Contracting Officer Representative (COR).
3.2 Compliance with Green Procurement Requirements
3.2.1 Contractor shall follow Federal EPA Comprehensive Procurement guidelines
(www.epa.gov/cpg) and Army Contracting Command Quick Guide
(https://acc.aep.army.mil/accapps/ACCMAP/Documents/Quick-Guide-for-
Sustainable-Procurement.docx) for acquisition of building materials and products and select materials that have a long life cycle; the least toxic materials; recyclable materials; materials that are resource-efficient; materials with the maximum recycled content; materials harvested on a sustained yield basis; and products causing the least pollution during their manufacture, use, and reuse.
3.3 Compliance with License and Certification Requirements
3.3.1 Contractor shall obtain all license and certification required by Federal, State, and
Local environmental laws and regulations necessary to adhere to the specifications of this contract. The Contractor shall submit all plans, notifications, reports, submittal documents, and fees required by Federal, State, and Local environmental laws and regulations to the appropriate Federal, State, and Local authority and/or agency as necessary to adhere to the specification of this contract. All required licenses and certifications required by Federal, State, and Local environmental laws and/or regulations shall be considered a contract deliverable upon award.
3.4 Notification of Federal and State Regulators
3.4.1 Contractor shall immediately notify the Designated Government Representative
(DGR) and COR of the arrival on site of any Federal, State, and/or DOD environmental regulator or enforcement agent and/or the receipt of any correspondence from a Federal or State environmental agency.
3.5 Inspections of Work Sites
3.5.1 Contractor shall submit to potential Federal, State, Army and installation work site environmental regulatory inspections and/or investigations into noncompliance, and fully cooperate with such inspections/investigations by providing the appropriate records and documentation. Environmental regulatory agencies are authorized by law to inspect any work site for environmental compliance with regulatory requirements.
If an inspection is conducted, it will not stop or disrupt ongoing contract activities.
The inspection will only require the work site environmental officer, or supervisor/manager to answer questions and/or escort the inspector to specific work site areas with the potential to affect environmental quality.
3.6 Reporting Noncompliance
3.6.1 Contractor shall immediately report any nonconformance and/or noncompliance with applicable Federal, State or Local environmental laws, Army and installation https://acc.aep.army.mil/accapps/ACCMAP/Documents/Quick-Guide-for-%20%20%20%20%20%20%20%20%20%20%20%20%20Sustainable-https://acc.aep.army.mil/accapps/ACCMAP/Documents/Quick-Guide-for-%20%20%20%20%20%20%20%20%20%20%20%20%20Sustainable-environmental regulations or policies to the COR and DGR.
3.7 Verification of National Environmental Policy Act Documents
3.7.1 Contractor shall obtain from the COR or DGR, a copy of AMC's National
Environmental Policy Act Policy and 32 CFR 651 which addresses actions to be taken by contractor. These documents include but is not limited to the analysis-associated decision document of an Environmental Impact Statement and Record of
Decision; Environmental Assessment and Finding of No Significant Impact or Notice to Proceed; or Record of Environmental Consideration on the proposed contract actions prior to commencement of such actions.
3.8 Conformance with Environmental Management System
3.8.1 Contractor shall take the necessary actions to identify, monitor, and control those contract operations and activities that pose risk of contamination, or can negatively impact the natural and/or human environment.
3.9 Assignment of Environmental Compliance Designee (ECD)
3.9.1 Contractor shall appoint an ECD for all contract work periods exceeding 180 consecutive days. Contractor shall appoint a primary and alternate ECD for each production, shop or work area that uses and/or stores hazardous materials and/or generates hazardous wastes. Contractor ECDs shall monitor implementation of all environmental regulatory requirements, report all environmental noncompliance to the work site supervisor, correct all environmental noncompliance, and verify implementation of directed actions to correct identified environmental noncompliance. Contractor shall have at least one ECD on duty at all times at each shop or work area. Contractor shall require all personnel designated as ECDs to complete the initial ECD training through the installation or Major Subordinate
Command (MSC) environmental compliance point of contact within 15 days of the start of contract performance. Contractor personnel appointed as ECDs may perform other duties provided they do not prevent the performance of ECD duties. Contractors may request a waiver of this requirement through the COR and DGR, if using and/or storing very small quantities of hazardous materials.
3.10 Competency Training for Contractor Personnel
3.10.1 Contractor shall not allow personnel to perform any activities and/or tasks on AMC installations without proper and adequate qualifications or job competency training.
In the event of any identified noncompliance, the Contractor shall, if requested, provide proof of contract personnel training or qualification (individual name, training/qualification type, training/qualification certificate, and date of training/qualification) to perform those contract activities associated with the identified noncompliance.
3.11 Generation of Solid Waste
3.11.1 Contractor shall remove from the installation and dispose of all solid waste generated, which cannot be recycled to an approved and permitted off-post disposal facility.
11.1.1 Contractor shall make every effort to divert construction, demolition debris, and all other solid waste to comply with the Army Integrated Solid Waste
Management Policy. 11.1.2. Prior to removing any waste from the installation for disposal, the Contractor shall coordinate with the installation Qualified Recycling
Program (QRP) Manager, DGR, and COR to arrange for recyclable materials to be removed and diverted from the waste stream. 11.1.3. Submit in writing the quantities of waste removed and recycled to the DGR and/or COR on a monthly basis. The submittal shall include the date of disposal/recycling, the disposal/recycling facility, the types of material disposed/recycled and the quantities of materials disposed/recycled by weight. 11.1.4. The Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by the contract. This includes collection, separation, and processing products or other materials recovered from solid waste streams for use in the form of raw materials.
11.1.5. The Contractor shall make maximum effort to reduce and prevent waste.
3.12 Generation of Hazardous Waste
3.12.1 Contractor shall assign all hazardous waste management responsibilities to the appointed ECD. Contractor shall contact the DGR and/or COR to obtain technical assistance from the Environmental Office for assisting the ECD with achieving and maintaining compliance with hazardous waste storage and disposal requirements.
Contractor shall properly profile all waste generated as part of this contract to determine if any waste is hazardous waste as defined by 40 CFR. Contractor shall accumulate hazardous waste prior to disposal shipment in a satellite accumulation point at or near the point of generation or in a less-than-90-day site, in accordance with Federal, State, Army, and installation regulation, policy, Host Tenant
Agreement, Interagency Service Support Agreement or Status-of-Forces Agreement.
The Contractor shall properly package the hazardous waste and complete the hazardous waste manifest, then take the manifest to DGR for approval and signature prior to removing any hazardous waste from the installation. Contractor shall contact
DGR to obtain the installation’s hazardous waste EPA ID number for the hazardous waste manifest. The Contractor shall notify the DGR 24 hours prior to removing any hazardous waste from the installation. The contractor shall remove and dispose of manifested hazardous waste generated by contract activities from the installation, to an approved off-post permitted hazardous waste disposal facility. The DGR shall assist contractors with profiling their waste upon request.
3.13 Use of Hazardous Materials
3.13.1 Contractor shall assign all hazardous materials management responsibilities to the appointed ECD. Contractor shall contact the DGR or COR to obtain technical assistance from Environmental Office for assisting the ECD with achieving and maintaining compliance with hazardous material storage, issue, use, and disposal requirements. Contractor shall submit to the COR and/or DGR a hazardous material inventory. The hazardous material inventory will be submitted 30 days prior to commencement of work for contracts that exceed 180 consecutive days. The inventory list will contain the hazardous material type and maximum quantities of materials anticipated to be stored on-site. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock
Number or Special Item Number. The Contractor shall maintain copies of Safety Data
Sheets for all hazardous materials used and stored on-site during performance of the contract. Contractor shall not supply or deliver any hazardous materials or chemicals to an installation that are listed on EPA toxic chemical list without prior written approval from DGR and/or COR.
3.14 Prevention of Storm Water Pollution
3.14.1 The Contractor shall perform, track, participate, implement, and comply with storm water pollution prevention minimum control measures, protocols, and best management practices (BMP) and ensure that water quality standards are not violated in accordance with all regulations and policies as applicable to the Pollutant
Discharge Elimination System general permit requirements. Applicable permits include: 1) The installation’s Small Municipal Separate Storm Sewer System (MS4)
Permit; 2) The Multi-Sector General Permit for Storm Water Discharges Associated with Industrial Activities (MSGP); and, 3) All Construction Activity Storm Water permits minimum control measures include, but not limited to: • Public Education and
Outreach on Storm Water Impacts • Public Involvement and Participation • Illicit
Discharge Detection and Elimination • Construction Site Storm Water Run-off
Control • Post Construction Storm Water Management in New Development and
Redevelopment • Pollution Prevention/Good Housekeeping for Municipal Operations
Contractors will comply with the MSGP permit when the activity is identified as a permitted industrial activity. BMPs include, but are not limited to: • Practicing spill prevention and good housekeeping. • Installing and managing erosion and sediment control. • Meeting the requirements of the MS4 permit. • Contractors will obtain permit coverage for construction activities disturbing over one acre of land (total acreage is cumulative across all portions of the project). BMPs include, but are not limited to: • Preparing and implementing a site-specific Storm Water Pollution
Prevention Plan (SWPPP) as outlined in the permit and prior to any soil disturbance. •
Installing and managing erosion and sediment control. • Make available, upon request, permit associated documentation. • Practicing spill prevention and good housekeeping. • Meeting the requirements of the MS4 permit. • Schedule inspections and provide corrective actions for noted deficiencies.
3.15 Storm Water Management Low Impact Design/Development (LID)
3.15.1 The Contractor shall perform, track, participate, implement, and comply with Section
438 of the Energy Independence and Security Act; Executive Order 13514; and the
DOA memorandum (2010) for full implementation of low impact design/development (LID) techniques to restore predevelopment hydrology to the maximum extent technically feasible for both new and renovation construction projects regardless of size. In support of LID, Contractors will adhere to installation landscape codes and the guidance found in the Installation Design Guide concerning
Low Impact Design/Development for storm water management. The following LID practices include, but are not limited to: • Restoring predevelopment hydrology to the maximum extent technically feasible • Promoting natural removal of pollutants such as nutrients, oil and grease, and sediments from storm water • Managing rainfall at the point where it falls • Meeting the requirements of the MS4 permit • Important
Note: Utilization of permanent retention/detention ponds is prohibited without authorization from the Installation Planning Division.
3.16 Use of Pesticides
3.16.1 Contractor shall submit the type and quantity of regulated pesticides to be applied, the application purpose, and location to the DGR and COR for approval 10 working days prior to the initial application. The Contractor shall submit the actual quantities applied (DD1532 or equivalent) to the DGR and COR within 2 working days (48 hours) after each approved application. The Contractor shall utilize Integrated Pest
Management (IPM) technology and procedures in strict compliance with all applicable Federal, State, Army, and installation regulations, to include the installation's integrated pest management plan. Pesticide applicators shall be certified and licensed in accordance with the State where work is being performed and/or
Department of Defense regulations. The Contractor shall provide evidence of personnel licenses and certifications to the Contracting Officer and the DGR prior to the initial application of pesticides. Only those pesticides registered with the US
Environmental Protection Agency (EPA) and approved by Army Materiel Command
Pest Management Consultant shall be utilized and then only in strict accordance with product labeling. The installation reserves the right to prohibit and limit the amount and type of pesticides used.
3.17 Protection of Work Site Resources
3.17.1 Contractor shall confine all activities to areas defined by the drawings and specifications. Prior to the beginning of any work, the Contractor shall identify any land resources to be preserved within the work area. Except in areas indicated on the drawings or specified to be cleared, the Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and landforms. The Contractor shall provide effective protection for land and vegetative resources at all times. Prior to site clearing and grubbing, the Contractor shall coordinate harvesting of saleable timber with the DGR and/or COR. Contractor shall notify the DGR and/or COR if any trees are required to be disposed or removed. The
Contractor is not authorized to remove or dispose of any tree greater than 6 inches in diameter unless permission has been granted in writing by the DGR or COR.
3.18 Prevention of Spills
3.18.1 Contractor shall adopt the installation's Spill Prevention Control and
Countermeasures Plan (SPCC) if transporting, processing, storing, or in any way managing hazardous waste, hazardous material, petroleum-oils- lubricants, or other restricted items. In case of a spill, the person in control of the spill site or their designated representative shall take appropriate action to protect workers and bystanders; contain the spill (if it can be done safely); secure the spill site; restrict ignition sources; and immediately contact the installation Fire and Emergency
Services (Fire Department).
3.19 Protection of Sensitive Areas
3.19.1 Contractor shall comply with all installation designated sensitive and/or off-limit area restrictions. Sensitive areas are generally demarked indicating what activities (e.g., driving, digging, foot traffic) are prohibited. The Contractor shall also adhere to the following installation sensitive areas requirements: 19.1. Cultural Resources Sites: Do not excavate, remove, damage, or otherwise deface any archeological resource located on public lands. 19.2 Endangered Species Habitats: Do not initiate any action that may disturb, endanger, or damage to any degree the habitat of a threaten and endangered species. 19.3 Wetlands: Do not excavate or take any action that could fill or damage any wetland unless working under a project specific Corps of Engineers
404 permit. Wetlands include streams, riparian areas, bogs, marshes, and swamps.
3.20 Corrective Action for Noncompliance
3.20.1 Contractor shall when given a verbal and/or written notice of environmental noncompliance or nonconformance by the COR, take immediate corrective action.
Failure or refusal to comply promptly may be grounds for the Contracting Officer to invoke the appropriate contractual remedies. This may cause all or part of the work to be stopped immediately until satisfactory corrective action has been taken.
3.21 Noise
3.21.1 Make the maximum use of low-noise emission products, as certified by the EPA.
Blasting or use of explosives will not be permitted without written permission from the Contracting Officer, and then only during the designated times. Pile-driving operations shall be coordinated through the DGR and COR.
3.22 Mercury
3.22.1 Mercury is prohibited, unless specified otherwise, and with the exception of mercury vapor lamps and fluorescent lamps. Dumping of mercury-containing materials and devices such as mercury vapor lamps, fluorescent lamps, and mercury switches, in rubbish containers is prohibited. Remove without breaking, pack to prevent breakage, and transport out of the activity in an unbroken condition for disposal as directed.
Immediately report to the DGR and COR instances of breakage or mercury spillage.
Clean mercury spill area to the satisfaction of the Contracting Officer.Cleanup of a mercury spill shall not be recycled and shall be managed as a hazardous waste for disposal.
3.23 Universal Waste / e-Waste Management
3.23.1 Universal waste including but not limited to some mercury containing building products such florescent lamps, mercury vapor lamps, high pressure sodium lamps, CRTs, batteries, aerosol paint containers, electrical equipment containing PCBs, and consumed electronic devices, shall be managed in accordance with applicable environmental law and installation instructions.
3.24 Pollution Prevention / Hazardous Waste Minimization
3.24.1 Minimize the use of hazardous materials and the generation of hazardous waste.
Consult with the Environmental Office for suggestions and to obtain a copy of the installation's pollution prevention/hazardous waste minimization plan for supporting waste minimization goals.
Exhibit #002 - Clauses
FAR 52.212-1, Instructions to Offerors – Commercial
Proposal submissions are due by WEDNESDAY, 20 FEBRUARY 2019, at 8:00 AM CENTRAL STANDARD TIME, and should be transmitted via email to the Contract Specialist at shavokie.m.gibson.civ@mail.mil with PBA PAINT SUBMISSION in the subject line.
Offerors shall ensure that their company’s name appears in the file name of the electronic proposal submission. The Offeror’s proposal shall demonstrate an offeror’s best solution and price to meet the requirements in the Scope of Work and other documents. The proposal shall not repeat the RFP requirements, but rather provide documentary evidence of how contract requirements will be met. Proposals received in response to this RFP will be valid for 90 days from the closing date of the RFP. (NOTE: Offerors are responsible for submitting a timely proposal compliant with ALL provisions of this clause (52.212-1). Failure to submit a full, compliant, and timely proposal may result in a determination the proposal is non-compliant and render the proposal ineligible for award.)
If this RFP is amended, all terms and conditions that are not amended remain unchanged. Interested offerors shall acknowledge receipt of any amendment to the RFP by the date and time specified in the amendment(s) and in its proposal submission. Failure to acknowledge an amendment may result in an Offeror’s proposal not being considered for award.
Interested offerors are responsible for submitting proposals, and any modifications, or revisions, by the time specified in the RFP or subsequent amendment(s). Any proposal or revision received after the time specified for receipt by the Government will be considered late and may not be considered for award.
52.212-2 -- Evaluation -- Commercial Items.
Evaluation -- Commercial Items (Oct 2014)
(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:
_______________PRICE______________________
________TECHNICAL CAPABILITY_____________
_________PAST PERFORMANCE______________
[Contracting Officer shall insert the significant evaluation factors, such as
(i) Technical capability of the item offered to meet the Government requirement;
(ii) Price;
(iii) Past performance (see FAR 15.304);
Technical and past performance, when combined, are approximately equal to cost or 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 (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
FAR 52.204-7 – System for Award Management (Oct 2016)
(a) Definitions. As used in this provision— “Electronic Funds Transfer (EF)…
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