W9127N-16-R-0032.pdf

SEE ADDENDUM

(No Collect Calls)

W9127N-16-R-0032 08-Dec-2015

b. TELEPHONE NUMBER

503-808-4632

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 22 Dec 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W9127N9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CLOVIA S JONES

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CORPS OF ENGINEERS - CECT-NWP

333 SW FIRST AVE

PORTLAND OR 97204-3495

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 960438 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

JOHN DAY DAM

MICHELLE HAMMEL

I-84, EXIT 109

RUFUS OR 97050-0823

TEL: 541-506-7873 FAX:

503-808-4605FAX:

TEL: 503-808-4612 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

500 Employees

NAICS:

324191

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF55

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W9127N-16-R-0032

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 130,000 Gallon Used Oil Disposal

FFP

Contractor shall provide all materials, parts and labor necessary to dispose of used turbine oil per attached Product Specifications.

This Single Award Task Order Contract (SATOC) covers used oil disposal from refurbishment of turbines at the Portland District's John Day Lock and Dam.

The overall capacity will not exceed $1.2M cumulative of all task orders for this

SATOC.

Orders may be placed from date of award to February 28, 2018, unless capacity is exhausted prior to February 28, 2018.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 130,000 Gallon New Oil Procurement

FFP

Contractor shall provide all materials, parts and labor necessary to deliver Mobile DTE Heavy Medium ISO VG 68 oil blended with a 2.5% Lubrizol 5346 additive per attached Product Specifications.

This Single Award Task Order Contract (SATOC) covers deliveries of new oil to the Portland District's John Day Lock and Dam.

The overall capacity will not exceed $1.2M cumulative of all task orders for this

SATOC.

Orders may be placed from date of award to February 28, 2018, unless capacity is exhausted prior to February 28, 2018.

FOB: Destination

NET AMT

OFFEROR CHECKLIST

OFFEROR CHECKLIST

PROJECT TITLE: John Day Main Unit Bulk Oil Purchase

SOLICITATION NUMBER: W9127N-16-R-0032

In order for an offer to be considered responsive, the offeror shall submit the information listed in the checklist below. Failure to submit all the required information prior to the closing of the solicitation will result in the offer being nonresponsive.

Responsive Quote Submission Checklist Offeror's Initials of Items Included in Submission

1. Filled-Out SF 1449 (Blocks 17A, 30A, 30B and 30C) 1. _________________________

2. Signed Amendment(s) – SF1449 (If Applicable) 2. _________________________ (Blocks 8, 15A, 15B and 15C)

3. Pricing on Binding Price Schedule and Seed Task Order. 3. _________________________

4. Submission of Volumes 1 (Technical) and 2 (Price) IAW 4. _________________________ Instructions to Offerors found in clause 52.212-1.

5. Submit clauses 52.204-17, 52.209-2, 52.219-28, 52.209-2, 5. _________________________ 252.209-7991 and 252.225-7000 with requested information completed when applicable or marked “N/A”.

6. Submission of Small Business Subcontracting Plan per FAR 52.219-9 Alt II (Small Business Subcontracting Plan) and DFARS 252.219-7003 (Small Business Subcontracting Plan – DoD Contracts) 6. _________________________

7. Representation and Certifications per FAR Clauses 52.212-3. 7. _________________________ If your information is already in the System for Award Management at SAM – https://www.sam.gov, it may be submitted instead of completing this section.

8. Authority to Bind the Company 8. _________________________ Refer to FAR 4.102 (Contractors Signature) for required information.

9. Insurance – Awardee will be required to submit prior to start of project. 9. _________________________ Refer to clause 52.228-4005 Alt 1 for required information.

All inquiries shall be submitted to Sue Jones, Contract Specialist, at sue.jones@usace.army.mil. Additional information can be found in Instructions to Offerors.

Offers shall be in the possession of the Government prior to the closing date / time located in Block 8 of the SF 1449. Offerors shall confirm with the Contract Specialist of the receipt of offers.

IDIQ LIMITATIONS

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00 $1,200,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00 $300,000.00

BINDING PRICE SCHEDULE

BINDING PRICE SCHEDULE

John Day Main Unit Bulk Oil Purchase John Day Lock and Dam Rufus, OR

CLIN Description Quantity Unit of Measure

2016 Unit Price

Extended Price

2017 Unit Price

Extended Price

2018 Unit Price

Extended Price

0001 Used Oil 24,000 gallons $ - $ - $ -

Disposal 10,000 gallons - - - 1,000 gallons - - -

0002 New Oil 24,000 gallons - - - Procurement 10,000 gallons - - - 1,000 gallons - - -

TOTAL: $ - $ - $ - $ - $ - $ -

Schedule of Anticipated Deliveries:

Feb-16 24,000 gallons in three separate deliveries over an estimated two-week period Jun-16 24,000 gallons in three separate deliveries over an estimated two-week period Oct-16 24,000 gallons in three separate deliveries over an estimated two-week period Nov-16 24,000 gallons in three separate deliveries over an estimated two-week period Feb-17 24,000 gallons in three separate deliveries over an estimated two-week period May-17 Order of smaller but as-yet-unknown quantity in

10,000 or 1,000 quantities

Schedule of Anticipated Disposals:

24,000 gallons of used oil for disposal in three separate pick-ups Feb-Jun 2016 Jun-Oct 2016 Oct-Nov 2016 Nov-Feb 2017 Feb-May 2017

Smaller volumes based upon need.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015

52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.219-9 Small Business Subcontracting Plan OCT 2015 52.219-14 Limitations On Subcontracting NOV 2011 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment

Exceeding $15,000

MAY 2014

52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-37 Employment Reports on Veterans OCT 2015 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May

2011) Alternate I

MAY 2011

52.223-6 Drug-Free Workplace MAY 2001 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.225-2 Buy American Certificate MAY 2014 52.225-5 Trade Agreements NOV 2013 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-17 Interest MAY 2014 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items OCT 2015 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

SEP 2015

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer OCT 2013 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) OCT 2014

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic (Nov 2014)

NOV 2014

252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.246-7003 Notification of Potential Safety Issues JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.0000-4008 SUCCESSOR CONTRACTING OFFICER

The Contracting Officer who signed this contract is the primary Contracting Officer for the contract. Nevertheless, any Contracting Officer assigned to the Portland District and acting within his/her authority may take formal action on this contract when a contract action needs to be taken and the primary Contracting Officer is unavailable.

Contractors are solely responsible for all applicable taxes. It is the contractor's responsibility to ascertain the physical and legal locations of work performed under this contract, and to ascertain the applicable tax laws for such work.

It should also be noted that Portland District projects on the Columbia River are typically in both Oregon and Washington, and subject in part to the tax laws of both states. Oregon has a general income tax, but no general sales or use taxes, but does have multiple specialized sales and use taxes. Washington has no personal income taxes, but does have a gross receipts business tax, plus multiple general and special sales and use taxes. Washington also taxes federal property bailed or otherwise loaned or given or furnished to contractors for whatever reason or use.

52.204-17 OWNERSHIP OF CONTROL OF OFFEROR (NOV 2014)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

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 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

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

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

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

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

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

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

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

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

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

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

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

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

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 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).

(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 $3,500 or 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 award, 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.

ADDENDUM TO 52.212-1

1. INTRODUCTION

Your firm is invited to submit a proposal in response to Solicitation Number W9127N-16-R-0032 for the project entitled “John Day Main Unit Oil Purchase.” The Government intends to procure this requirement on a competitive basis in accordance with the clauses set forth in FAR Part 12, Acquisition of Commercial Items, following FAR Part 15 procedures, and according to the guidelines within this solicitation. Proposal will be evaluated using the lowest price technically acceptable (LPTA) best value continuum. Award will be a Firm-Fixed-Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) commercial supply contract to the offeror who provides the best value to the Government.

The offeror’s proposal shall be submitted via email in .pdf format as set forth below. The solicitation shall provide the Government address and receipt date for proposal submittal. Proposals must be received by time due to be considered.

The Offeror’s proposal shall consist of two (2) volumes. The Volumes are 1 – Technical Proposal and 2 – Price Proposal. The use of hyperlinks in proposals is prohibited.

Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked. Offerors must be registered to do business with the Government in the System for Award Management (SAM) website found at https://www.sam.gov/.

2. SITE VISIT

A site visit is not scheduled for this requirement.

3. SUBMITTING QUESTIONS

Submit questions via email to Sue.Jones@usace.army.mil.

Questions and answers will be handled via a USACE bidder inquiry system found at

4. GENERAL PROPOSAL REQUIREMENTS

A. General Each page shall be formatted to the standard letter (8 ½ x 11-inches) size and saved in a .pdf format. Any pages that are changed (as a result of negotiations or proposal revisions) should be of a different color and have changed information clearly marked by a vertical line in the right margin of the page. The revised pages shall be dated.

Each file shall be clearly labeled with its Title and a copy number (e.g., copy 1 of 3) if multiple files are required.

B. Organization – Volumes The following volumes of material shall be submitted:

1. Volume 1: Technical Proposal

2. Volume 2: Price Proposal

C. Quantity The following quantities of files shall be submitted:

1. Volume 1: Technical Proposal 1 electronic (defined in paragraph E of this Section)

2. Volume 2: Price Proposal 1 electronic (defined in paragraph E of this Section)

D. Content – General The submission shall be clearly indexed and logically assembled. Proposals must set forth full, accurate, and complete information as required by this solicitation. Absence of information will be deemed as if no support for that criterion was provided. Offerors submitting proposals should limit submission to data essential for evaluation of proposals so that a minimum of time and money is expended in preparing information required by the solicitation. Penalty for making false statements in proposals is prescribed in 18 U.S.C. 1001. Contents of your proposal shall include:

1. Table of Contents A Table of Contents should be incorporated within Volume 1 and Volume 2.

2. Paper size

Proposals are to be on 8 ½ x 11-inch paper, to the maximum extent practicable. Drawings, if required, shall be 11x17-inch paper, folded to the same dimensions as the 8 ½ x 11-inch paper. Elaborate artwork, expensive paper and bindings, and expensive/ extensive visual and other presentation aids are not necessary. Each proposal should address the requests for information in the order identified in Section J that follows.

3. Tabs Each section of a proposal, as described in section J below, shall be separated by a page noting the section and tab number. The page is the tab.

4. Page Numbering

All pages of each volume shall be appropriately numbered and identified by the complete company name, date and solicitation number in the header and/or footer.

5. Page Limits

The proposal, to include both volumes, shall not exceed 50 pages.

6. Signatures Signature captured in .pdf format from the Offeror’s responsible party is required in box 15 of the SF1449 submitted with the Price Proposal.

E. Electronic Proposal Submittal Requirements

1. File format

The electronic proposal shall be Portable Document Format, filename extension: “.pdf” and suitable for viewing in Adobe Reader.

2. Number of files

The proposal contents shall be presented in two separate .pdf files; one for the Technical Proposal and one for the Price Proposal.

3. Method of submission

The two .pdf files shall be submitted via email as detailed in section 5 that follows. If multiple emails are required label them with a copy number (e.g., copy 1 of 3).

F. Content Content and page numbers shall match the table of contents.

G. Bookmarks Use of bookmarks is optional.

H. Hyperlinks Hyperlinks in the electronic copy are not permitted. This includes hyperlinks within document, such as Figure or Table references to the page containing that content, and hyperlinks to websites.

I. Attachments Attachments are not permitted. All proposal data shall be presented within the appropriate proposal volume.

J. Tabs Tabs shall match the following numbering and title, and shall be reflected in the table of contents.

REQUIRED TABS FOR VOLUME 1: TECHNICAL PROPOSAL

Table of Contents

Factor 1 – Tab 01: Experience

Factor 2 – Tab 02: Technical Capabilities

REQUIRED TABS FOR VOLUME 2: PRICE PROPOSAL

Table of Contents

Factor 3 – Price Proposal

Tab 03: SF1449, Solicitation, Offer, and Award

Tab 04: Binding Price Schedule and Seed Task Order

Tab 05: Small Business Subcontracting Plan

5. SUBMISSION INSTRUCTIONS

Proposals shall be emailed to Sue Jones, Contract Specialist, at the email address shown below. Receipt of proposals must be prior to the time and date established in Block 8 of the SF1449. There will not be a public proposal opening. In order for the proposal to be considered, it MUST be prepared in ENGLISH, and must be submitted as .pdf files of Volumes 1 and 2. If multiple emails are used, show copy number in the subject line of the submitting email (e.g. copy 1 of 3.) and in a file title when there are multiple files for a single volume.

NOTE: Proposals received after submission time noted in box 8 of the SF1449 will not be considered. When sending your proposal, allow enough time for large files to come across the communication lines. A confirmation of receipt email will be sent for each proposal received.

Submit to: Sue Jones Sue.jones@usace.army.mil

OFFEROR SHALL NOTE IN THE SUBJECT LINE:

Proposal: Solicitation No. W9127N-16-R-0032

Alternate contact information:

U. S. ARMY CORPS OF ENGINEERS, NWP

Block 300 333 S.W. First Avenue Portland, Oregon Attention: Sue Jones – CECT-NWP-S

Telephone: 503-808-4632

Submit questions to: Sue.jones@usace.army.mil

52.212-2 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 basis for award is lowest prices, technically acceptable offer. Evaluation of Proposals shall be by using the Lowest Price Technically Acceptable (LPTA) process.

The two non-price factors: Experience and Technical Capabilities will be evaluated on an Acceptable or Unacceptable basis. In order to be considered technically acceptable, offers must be rated as Acceptable for all two non-price factors: Experience and Technical Capabilities.

The following factors shall be used to evaluate offers:

Factor 1 (Volume 1, Tab 01) – Experience

Submission requirements:

The information provided in this factor shall demonstrate a contractor’s experience in the delivery and disposal of blended oil products.

The offeror shall provide information for a minimum of three and no more than five projects completed or substantially completed* in the past five years demonstrating the contractor’s experience providing 24,000 gallons of oil with a blended additive. Information for each project shall include:

1. Name and address of client;

2. Client point of contact name, current phone number and email address;

3. Project title/number and award amount;

4. Volume of oil delivered (minimum of 24,000 gallons required); and

5. Process the offeror used to blend the additive into the oil

*Substantially completed is defined as having completed more than 75% of the project work at the time of proposal submission.

Evaluation criteria:

The Government will review the submitted project information. Offerors will be given an “ACCEPTABLE” rating if they submit three past experiences completed or substantially completed in the past five years demonstrating the delivery of at least 24,000 gallons of oil, with additive blending using the same blending process and temperature as described in the Product Specifications in Attachment A. The Government may contact the listed point of contact to verify the experience.

Factor 2 (Volume 1; Tab 03) – Technical Capabilities

Submission Requirements:

The offeror shall provide the following in demonstration of technical capabilities:

1. Spill Prevention Plan (Reference 01 57 20.00 25 ENVIRONMENTAL PROTECTION): In order to demonstrate that the offeror has the capability to perform proper oil spill prevention in accordance with all applicable federal, state of Oregon, and local environmental protection laws and regulations, the offeror shall submit a sample spill prevention plan suitable for delivery of oil to John Day Dam in Rufus, Oregon.

The plan may be tailored for John Day or it may be a previous plan for another large facility delivery. The plan shall include:

a. A description of the offeror’s spill prevention personnel training program.

b. A list of materials and equipment to be immediately available at the job site, tailored to cleanup work for oil, and a description of the methods and procedures to be used for expeditious cleanup.

c. Procedures to be used in the event of an unforeseen spill, with a sample Spill Emergency Initial Report

Form, and a list of agencies to be informed with appropriate contact phone numbers.

2. Facilities (Reference 48 13 19.00 26 TURBINE OIL):

a. Facility for Disposal of Used Oil: Identify the facility (name and address) to be used for used oil disposal. Facility shall have fewer than 10 Other Than Serious, fewer than 8 Serious, 0 Willful, fewer than 4 Repeated, and 0 Failure to Abate Occupational Safety and Health Administration (OSHA) violations referenced above.

b. Facility for New Oil: Identify the facility (name and address) that will be used in the storage, filtration and mixing of new oil. Include a letter from the facility stating how the oil will be stored, heated, mixed, filtered. Also submit a calibration certificate for the facility’s particle counter.

Evaluation criteria:

Offerors must receive and “ACCEPTABLE” rating on all sections below in order to receive an overall rating of “ACCEPTABLE” for Factor 2 – Technical Capabilities.

1. Spill Prevention Plan (Reference 01 57 20.00 25 ENVIRONMENTAL PROTECTION): The offeror will receive an “ACCEPTABLE” rating for submitting a spill prevention plan that includes all of the items outlined in the submission requirements, as stated above, and if the plan is in compliance with all federal, state of Oregon, and local environmental protection laws.

2. Facilities (Reference 48 13 19.00 26 TURBINE OIL):

a. Facility for Disposal of Used Oil: The offeror will receive an “ACCEPTABLE” rating if the facility

(name and address) to be used for used oil disposal is identified and the facility has fewer than 10 Other Than Serious, fewer than 8 Serious, 0 Willful, fewer than 4 Repeated, and 0 Failure to Abate

Occupational Safety and Health Administration (OSHA) violations. The Government intends to use publically available databases from federal and state regulatory organizations to verify responses to this factor.

b. Facility for New Oil: The offeror will receive an “ACCEPTABLE” rating if the offeror demonstrates the following:

(1) That the facility is capable of storing at least 24,000 gallons of oil and has a filtration system capable of filtering the oil to 16/14/11 per International Organization for Standardization (ISO) 4406, with a particle counter calibrated to ISO 11171.

(2) That the facility has the means to ensure that the oil is at a minimum of 60 degrees Fahrenheit prior to filtration and the ability to inject the Lubrizol additive into the oil stream during filtration to achieve a homogenous mixture.

(3) Calibration certificate for the particle counter.

Factor 3 (Volume 2) – Price Proposal

Offerors shall provide a complete price proposal to include pricing for all optional Contract Line Item Numbers (CLINs) if applicable. The Government may determine that a proposal is unacceptable if the prices proposed are materially unbalanced between line items or subline items. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly overstated or understated as indicated by the application of cost or price analysis techniques. A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

To be complete, the offeror must provide all data that is requested and necessary to evaluate the prices.

The Government will evaluate offers for award purposes by adding the total price for all option items, if applicable, to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the options.

The Government intends to evaluate proposals and award without discussions (except clarifications, as described in Federal Acquisition Regulation (FAR) 15.306(a)). Therefore, the offeror’s initial proposal should contain the offeror’s best terms. The Government reserves the right to conduct discussions if the Contracting Officer determines them to be necessary.

Tab 3 – SF1449, Solicitation, Offer, and Award

The standard form (SF) 1449 shall be filled out completely by the offeror and signed by an official that is authorized to bind the company. The offeror shall also provide and acknowledge all amendments in accordance with the instructions on the SF1449. The offeror shall complete the required Annual Representations and Certifications through the System for Award Management (SAM) at http://www.sam.gov/.

This tab will not be rated, but will be evaluated for responsiveness and completeness. A rating of “UNACCEPTABLE” will be given to those proposals with incomplete data in this section

Tab 4 – Price Schedule

The price proposal will be evaluated to determine reasonableness. The Government will consider not only the total for all line items, but also the prices for individual Contract Line Item Numbers (CLINS) in the evaluation to ensure prices are not unbalanced. Price will be evaluated on the total for line items submitted on the Binding Price Schedule.

Tab 5 - Small Business Subcontracting Plan

Large business concerns must submit a subcontracting plan as part of their proposal. See Attachment 3, Small Business Subcontracting Plan. Award will not be made under this solicitation without a subcontracting plan approved by the Contracting Officer. Final goals will be negotiated prior to contract award, and the subcontracting plan will then become a material part of the contract.

Subcontracting plans will be evaluated using Appendix DD to the Army Federal Acquisition Regulation Supplement (AFARS) 5119.705-4(d) to determine the offeror’s ability to subcontract to small business and carry out the terms and conditions set forth in the contract clauses. If discussions during this review raise doubts regarding intentions or ability to comply with contractual obligations, it could result in disqualification for award. An award cannot be made without an acceptable small business plan.

Small businesses shall identify intended subcontractors and percentage of work allocated to them.

(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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov.