W911KF-17-Q-0054_Solicitation_Attachments.pdf

EVIDENCE OF AUTHORITY TO SIGN OFFERS

Reference the solicitation provision in Section I entitled “Signature Authority.” Evidence of the authority of individuals signing offers to submit firm offers on behalf of the Offeror is required except for the owner in the case of sole proprietorships. When Contractor is a corporation, complete this certificate.

CERTIFICATE OF CORPORATE OFFICIAL/AGENT’S AUTHORITY TO BIND CORPORATION

I, _________________________________, Secretary of ________________________________________

_________________________________, a corporation created and organized under the law of the State of

__________________________, do hereby certify that ___________________________ is an official/agent of said corporation and is empowered to represent, bind and execute contracts on behalf of said corporation, subject to the following limitations:__________________________________________________________.

(if none, so state)

Witness my hand and the corporate seal of said corporation this ______ day of ______________, 20____.

(CORPORATE SEAL) ________________________________________

Secretary

When Contractor is a Partnership, Unincorporated Firm or a Corporation for which completion of the first statement would be impracticable, complete this certificate:

CERTIFICATE OF AUTHORITY TO BIND PARTNERSHIP

We, the undersigned, comprising the total membership of _____________________________________________

_________________________________________________, a partnership/unincorporated firm doing business at_______________________________________________________________________, do hereby certify that ____________________________________ is a ____________________________ of said firm and is empowered to represent, bind, and execute contracts on behalf of said partnership/ unincorporated firm.

Witness our signatures, this _______ day of ________________, 20____.

Members of Partnership/Unincorporated Firm:

Contractor Request for Waiver For Non-EPA Comprehensive Guideline Items1

Contract No. ______________________________

This form is to be completed by the contractor when items subject to ANAD’s Affirmative Procurement (AP) Policy are not purchased. This form is required for all contracts (including services using such items). NOTE: The Contractor must obtain signature of the Contracting Officer indicating concurrence of the waiver.

INSTRUCTIONS

1. List the EPA Guidelines item(s)1 not procured, check the appropriate justification(s), provide a written explanation and sign and date the form.

2. Obtain Contracting Officer for waiver concurrence.

3. Submit the original approved form to the Directorate of Contract and retain copy for Contractor files.

4. The Contracting Officer will provide a copy of the completed signed form to the Directorate of Risk Management Pollution Prevention Program Manager.

EPA Guideline item not purchased below (refer to EPA Guideline Items1 list):

Products containing recovered materials and meeting ANAD’s AP standards for the above EPA Guideline Items1 were not obtained because items:

_____ Do not meet all reasonable performance specifications.

_____ Are not available within a reasonable period of time.

_____ Use of minimum content standards would result in inadequate competition.

_____ Products containing recovered materials would require paying a price premium.

5. Written Justification For Not Purchasing EPA Guideline Items1 (continue on back if necessary):

Contractor Signature Date

6. CONCURRENCE ___________________________________DATE

Contracting Officer

7. DATE SUBMITTED TO THE POLLUTION PREVENTION MANAGER

1 – Also referred to as recovered material content items

CONTRACTOR AFFIRMATIVE PROCUREMENT REPORT FORM FOR

ESTIMATION OF RECOVERED MATERIAL CONTENT LEVELS

FOR EPA DESIGNATED ITEMS

(PER EXECUTIVE ORDER 13101)

CONTRACTOR: ______________________________________________

CONTRACT/DO #: ___________________________________________

BLDG # (if applicable): ________________________________________

PROJECT MANAGER: ________________________________________

INSTRUCTIONS

1. Use this form to document estimation of recovered material content levels per FAR provision 52.223-9, “Certification and Estimate of Percentage of Recovered Material for EPA Designated Items.”

2. Complete the table below for those EPA Designated Items used in performance of work under this contract/ delivery order that met or exceeded the minimum materials content levels (see 2nd column in table below).

Provide the actual recovered material content (if different from 2nd column) and quantity for these items in the appropriate column, if available.

3. Mark each line with “N/A” for those item/s not used in the performance of this contract/delivery order.

4. Note any exemptions in 5th column for each item for which a Contractor Waiver Form was previously submitted.

5. Submit to the Contracting Officer at the completion of the contract.

RECYCLED OR RECOVERED

PRODUCT

TOTAL RECOVERED

MATERIALS

CONTENT (RMC)

ACTUAL

RMC (%)

QUANTITY

USED

EXEMPTION

(1,2,3)

Rock Wool Insulation 75% Fiberglass Insulation 20-25% Cellulose loose fill/Spray-on Insulation 75% Perlite Composition Board Insulation 23% Plastic Rigid Foam Insulation 9% Plastic Foam In Place Insulation 5% Plastic Foam, Glass Fiber Reinforced Insulation

6%

Phenolic Rigid Foam Insulation 5% Structural Fiber Board 80-100% Laminated Paper Board 100% Cement/Concrete (FLYASH) See www.epa.gov/cpg High Fly Ash Flowable Fills 95% Low Fly Ash Content Flowable Fill 6-14% Carpet (PET) 25-100% Bonded polyurethane Carpet Cushion 15-50% Jute Carpet Cushion 40% Synthetic fibers Carpet Cushion 100% Rubber Carpet Cushion 60-90% Rubber Plastic Patio Blocks 90-100% Rubber or Plastic Floor Tile 90-100% Steel Restroom Divider/Partition 15% Plastic Restroom Divider/Partition 20-100% Concrete Railroad Crossing 15-20% Rubber Railroad Crossing 85-95% Steel Railroad Crossing 25-30%

BOF/100%EAF2

Traffic cones made from PVC, LDPE, crumb Rubber

50-100%

Traffic Barricades (Type I and II only) made from HDPE, LDPE, PET, steel, fiberglass

100%

TOTAL RECOVERED

MATERIALS

CONTENT (RMC)

ACTUAL

RMC (%)

QUANTITY

USED

EXEMPTION

(1,2,3)

Channelizers, Plastic 25-95% Channelizers, rubber base 100% Delineators, plastic 25-90% Delineators, rubber base 100% Delineators, steel base 25-50% Flexible plastic delineators 25-85% Parking Stops, Plastic or Rubber 100% Parking Stops, Concrete containing coal fly ash

20-40%

Parking Stops, Concrete containing Ground- Granulated Blast Furnace Slag

25-70%

Playground Surfaces, including rubber or plastic

90-100%

Plastic Fencing for use to control snow, drifting Sand, or as a safety barrier

90-100%

Running Tracks. Including rubber or plastic

90-100%

Plastic Park benches and Picnic Tables

100%

Plastic composite Park benches and Picnic Tables

100%

Aluminum Park benches and Picnic Tables

25%

Concrete Park benches and Picnic Tables

15-40%

Steel Park benches and Picnic Tables 25-30%

BOF/100%EAF

Plastics Playground Equipment 100% Plastic Composites Playground Equipment

95-100%

Steel Playground Equipment 25-30% BOF/100%

EAF

Aluminum Playground Equipment 25% Garden hose, rubber or plastic 60-65% post consumer materials

Soaker hose, rubber or plastic 60-70% post consumer materials

Lawn/garden edging, plastic or rubber 30-100% Paper-based hydraulic mulch 100% Wood-based hydraulic mulch 100% Compost Purchase or use compost made from yard trimmings, leaves, grass clippings, and food waste

100%

HDPE lumber timbers and posts 75-100% Mixed plastics/Sawdust lumber timbers and posts

100%

HDPE/Fiberglass lumber timbers and posts

95%

Other mixed resins lumber timers and posts

95-100%

Latex Paint; white, off-white or pastel colors

20%

Latex Paint; gray, brown, earth-tones, other dark colors

50-99%

TOTAL RECOVERED

MATERIALS

CONTENT (RMC)

ACTUAL

RMC (%)

QUANTITY

USED

EXEMPTION

(1,2,3)

Consolidated Latex Paint (when color and performance doesn’t matter)

100%

Plastic Non-road Signs 80-100% Aluminum Signs 25% Plastic Sign Posts and Supports 80-100% Steel Sign Posts and Supports 25-30%

BOF/100%EAF

Awards and Plaques

Glass 75-100 Wood 100% Paper 40-100 Plastic and Plastic/ Wood Composite

50-100

The following exemptions may apply to the non-procurement of recycled/recovered content materials:

1. The product is not available from a sufficient number of sources to maintain a sufficient level of competition (i. e., available from two or more sources) or is not available a reasonable price.

2. The product is not available within a reasonable period of time.

3. The product does not meet the performance standards in applicable specifications to fails to meet reasonable performance standards of the agency.

CERTIFICATION

I hereby certify the Statement of Work/Specifications for the requisition/procurement of all materials listed on this form comply with EPA standards for recycled/recovered materials content.

CONTRACTOR DATE

AFARS – APPENDIX DD

SUBCONTRACTING PLAN EVALUATION GUIDE

October 1, 2014

Part 1 – Introduction

DD-100 Purpose.

The guide provides a methodology for uniform and consistent evaluation of subcontracting plans within the Army. It is designed to facilitate compliance with the mandates of 15 U.S.C. § 637(d) to increase opportunities for small and small disadvantaged businesses.

DD-101 Applicability.

In accordance with requirements of FAR 19.705-4, DFARS 219.705-4 and AFARS 5119.705-4, the contracting officer shall use this guide to review all subcontracting plans (except those for commercial items), including those submitted in response to the provisions in FAR 19.705-2(d) and (e). When the contract will require subcontracting plans, use the clauses designated by FAR 19.708(b)(1) and (2) and DFARS 219.708(b)(1)(A) in the solicitation. A copy of the completed evaluation shall be included in the contract file.

DD-102 Goals.

Contracting officers must place special emphasis on negotiating subcontracting goals that are realistic, challenging and attainable. The plan must express goals in terms of percentages of total planned subcontracting dollars and must be comparable to the dollar commitments in the small business participation plan. In accordance with FAR 19.705-4(d), the contracting officer must review enough evidence to determine that the:

1. Offeror can meet subcontracting plan goals;

2. Offeror’s goals are consistent with their cost or pricing data or information other than cost or pricing data;

3. Offeror will honor the terms of subcontract agreements (i.e., timely payments of amounts owed, use of firms cited in proposal, etc.); and

4. Offeror’s make or buy policy or program does not conflict with the proposed subcontracting plan and is in the Government’s best interest.

5. Plan includes the contractor’s commitment to adopt and comply with its requirements and goals for small business utilization.

DD-103 Evaluation Rating.

Either the contracting officer, the small business representative, or both, shall evaluate and rate the subcontracting plan as “acceptable” or “unacceptable,” in the context of the particular procurement. For instance, in smaller dollar value contracts, or contracts for uniquely manufactured items, it might be impracticable or not cost effective for offerors to take the type of actions that might be appropriate in contracts for larger dollar values or commercial components.

To receive an “Acceptable” rating, the contractor must satisfy all objectives in Part 2 and meet each statutory subcontracting plan requirement outlined in Part 3. Failure to receive a subcontracting plan rating of acceptable could jeopardize the offeror’s selection for contract award. The contracting officer must document the decisions in the contract file.

DD-104 Modification of Guide.

Pursuant to AFARS 5101.403, only principal assistants responsible for contracting may approve individual deviations to this evaluation guide. This approval authority may not be further delegated.

DD-105 Use of Preaward Surveys.

For contracts administered by the Defense Contract Management Agency, obtain information needed to assess contractor compliance with subcontracting plans in current and previous contracts by requesting a preaward survey in accordance with FAR 9.106, DFARS 209.106 and

DFARS PGI 209.106.

Part 2 – Rating System

DD-201 Acceptable Plans.

Objective: The subcontracting plan meets all of the requirements outlined in Part 3. The offeror has provided details that demonstrate an acceptable approach to assisting, promoting and utilizing small businesses, small disadvantaged businesses, women-owned small businesses, historically underutilized business zone small businesses, veteran-owned small businesses, service disabled veteran-owned small businesses and, for Defense Research Programs, historically black colleges and universities and minority serving institutions. The offeror has demonstrated an ability to meet prior subcontracting plan goals and honor the terms of subcontract agreements. Offeror has outlined an approach utilizing mentor protégé firms, joint venture teams, or other partners. The subcontracting goals are realistic, challenging, and attainable. Clarifications and minor rework of the submission may be required to correct slight omissions that do not prejudice other offers.

DD-202 Unacceptable Plans.

Objective: The subcontracting plan fails to meet a requirement outlined in Part 3. The offeror has not provided an acceptable approach to assisting, promoting, and utilizing small businesses. The offeror has a history of failing to honor subcontract agreements. The offeror did not discuss the establishment of mentor protégé relationships, teaming, or joint venture agreements with other firms. Ensure the proposed subcontracting goals are attainable in light of the contractor’s past performance in meeting subcontracting goals. Proposed subcontracting goals reflect less than a good faith effort. Substantial rework of the document is required to correct omissions and establish realistic, challenging, and attainable goals. Failure to receive a rating of acceptable may jeopardize offeror’s eligibility for contract award. See FAR 19.702(a)(1).

Part 3 – Subcontracting Plan Requirements

DD-301 Requirements.

If any of the following are answered “NO”, the plan is not acceptable, and the offeror must revise it before contract award. Does the plan:

1. Contain a policy statement or evidence of internal guidance to company buyers that commits to complying with the Small Business Act (Public Law 99-661, Section 1207 and Public Law 100-180)?

2. Identify separate percentage goals for utilizing small businesses (including Alaska Native Corporations (ANCs) and Indian tribes), veteran-owned small businesses (VOSB), service-disabled veteran-owned small businesses (SDVOSB), historically underutilized business zone small businesses (HUBZone), small disadvantaged businesses (SDB), women-owned small businesses (WOSB), and, for Defense Research Programs, historically black colleges and universities and minority serving institutions where applicable? Negotiated subcontracting goals must correlate with percentages of small business utilization identified in the contractor’s small business participation plan, see FAR 15.304 and DFARS 215-304, and/or minimum targets identified in the solicitation or contract modification. FAR 19.704(a)(1)

3. Project the total dollars planned to be subcontracted and a separate statement of the total dollars planned to be subcontracted to small business (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns? FAR 19.704(a)(2)

4. Describe the principal types of supplies and services to be subcontracted and identify the types planned for subcontracting to small business (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB and WOSB concerns?

5. Describe the method to be used to develop the subcontracting goals? FAR 19.704(a)(4)

6. Describe the method for identifying potential sources for solicitation purposes? FAR 19.704(a)(5)

7. State if the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with small business, VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns? FAR 19.704(a)(6)

8. Identify the name of the employee who will administer the offeror’s subcontracting program and describe that person’s duties? FAR 19.704(a)(7)

9. Provide an approach for ensuring that small businesses, VOSB, SDVOSB, HUBZone, SDB, (including ANCs and Indian tribes) and WOSB concerns will have an equitable opportunity to compete for subcontracts?

10. Require the offeror to include the clause at FAR 52.219-8, Utilization of Small Business Concerns in all subcontracts that offer further subcontracting opportunities and require all subcontractors (except small business concerns) that receive subcontracts over $650,000 ($1,500,000 for construction) to adopt a plan that complies with the requirements of the clause at FAR 52.219-9, Small Business Subcontracting Plan?

11. Provide assurances that the offeror will:

a. Cooperate in required studies or surveys;

b. Submit periodic reports so that the Government can determine the extent of offeror’s compliance with the subcontracting plan;

c. Submit semi-annual Individual Subcontract Reports (ISRs) and/or Summary Subcontract Reports (SSR) in the Electronic Subcontracting Reporting System (eSRS) (http://www.esrs.gov) in accordance with FAR 52.219-9 or provide other ancillary reports as requested by the contracting officer or Army Small Business Office;

d. Ensure that its subcontractors with subcontracting plans agree to submit the ISRs and/or SSRs using the eSRS;

e. Provide its prime contract number and its DUNS number and the e-mail address of the Government or contractor employee responsible for acknowledging or rejecting the reports, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their reports; and

f. Require each subcontractor with a subcontracting plan to provide the prime contract number and its own DUNS number, and the e-mail address of the Government or contractor official responsible for acknowledging or rejecting the reports, to its subcontractors with subcontracting plans? FAR 19.704(10)

12. Describe the types of records that the contractor will maintain concerning procedures adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, VOSB, SDVOSB, HUBZone, SDB, and WOSB concerns and to award subcontracts to them? FAR 19.704(11)

13. Does plan, pursuant to FAR 19.704(11)(c), provide a separate goal for the basic contract and, if applicable, each option?

http://www.esrs.gov/

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