A.07.23._Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

W912EF-17-R-0007 19-Apr-2017

b. TELEPHONE NUMBER

509-527-7220

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 18 May 2017

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 X 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.

W912EF9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NONA R FINCHER

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

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

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

USAED, WALLA WALLA - CONTRACTING DIV.

NONA FINCHER

201 N. THIRD AVENUE

WALLA WALLA WA 99362-1876

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 509-527-7220 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

SIZE STANDARD:

750 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.

W912EF-17-R-0007

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 350,000 Dollars, U.S.

Used Oil Disposal

FFP

Used oil disposal for Dworshak, Little Goose, Lower Granite, Lower Monumental, and McNary Dams. A total of 440,000 gallons of oil for all projects. FILL IN PRICING INFORMATION ON THE PRICE SCHEDULE. The overall capacity will not exceed $7.0M cumulative of all task orders for this Single Award Task Order (SATOC).

FOB: Destination

NET AMT

0002 2,650,000 Dollars, Mobil 100 Oil with Lubrizol

New Mobil 100 Oil with Lubrizol for Dworshak, Little Goose, Lower Granite, Lower Monumental, and McNary Dams. A total capacity of 180,000 gallons for all 5 projects exists. FILL IN PRICING INFORMATION ON THE PRICE SCHEDULE. The overall capacity will not exceed $7.0M cumulative of all task orders for this SATOC.

0003 4,000,000 Dollars, Mobil 68 Oil

New Mobil 68 Oil for Dworshak, Little Goose, Lower Granite, Lower Monumental, and McNary Dams. A total capacity of 260,000 gallons for all 5 projects exists. FILL IN PRICING INFORMATION ON THE PRICE SCHEDULE. The overall capacity will not exceed $7.0M cumulative of all task orders for this SATOC.

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 $7,000,000.00

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

$2,500.00 $750,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

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

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

PRICE SCHEDULE

PRICE SCHEDULE

Used Oil Disposal, and New Oil Procurement for the following Projects:

1. Dworshak Dam; Ahsahka, ID

2. Little Goose Lock and Dam; Dayton, WA

3. Lower Granite Lock and Dam; Pomeroy, WA

4. Lower Monumental Lock and Dam; Kahloutus, WA

5. McNary Lock and Dam; Umatilla, OR

- Maximum Quantity Used Oil Disposal (all Projects Total): 440,000 gallons.

- Maximum Quantity New Mobil Oil, ISO Viscosity Grade 100 Oil, with 5346 Lubrizol

(all Projects Total): 180,000 gallons.

- Maximum Quantity New Mobil Oil, ISO Viscosity Grade 68 Oil (all Projects Total): 260,000 gallons.

INSTRUCTIONS TO OFFERORS

This requirement is to provide main unit lubricating oil for the US Army Corps of Engineers, Walla Walla District, for Dworshak, Little Goose, Lower Granite, Lower Monumental, and McNary Dams.

If you have any questions or concerns regarding the Request for Proposal, please contact Nona Fincher: Telephone 509-527-7220; or send an email to Nona.R.Fincher@usace.army.mil or Julie Morris: Telephone 509-527-7227; or send an email to Julie.M.Morris@usace.army.mil.

Registration at www.sam.gov is required. If not registered, please do so. Step-by-step help information on how to register is detailed on the website, along with frequently asked questions (FAQs). Lack of registration in the SAM database will make an offeror ineligible for award. Also completion of the FAR 52.212-3, Offeror Representations and Certifications – Commercial Items is required and can be completed on the SAM website.

Please do not hesitate to contact me or the SAM website if you need assistance or have questions.

In accordance with FAR Part 29.3, State and Local Taxes, and per Title 4 of the US Code 104-107, the Government is exempt from paying local and state taxes. Exempt Tax Identification Number 91-0828090.

PROPOSAL SUBMISSION

Format

Pages containing text are expected to be 8 ½ x 11 inches with at least one-inch margins at the top, bottom, and both sides. Larger format drawings or tables may be added by folding them to fit within the binder. Paragraphs should be separated by at least one blank line. A standard 12-point font in either Arial or Times New Roman fonts are required.

The proposal shall be submitted in two separate volumes, one containing the Technical information and the other containing the Price information. All information shall be confined to the appropriate volume. In order to reduce size, confine the volumes to recent and relevant information and documentation sufficient to provide an adequate basis for evaluation. Offerors are responsible for including sufficient details, in a concise manner, to permit a

CLIN Description Total Quantity per Order

Unit of Measure

Unit Price

Unit Price

Unit Price

0001 Used Oil Disposal 0001AA 8,000 gallons $______ $_______ $_______ 0001AB 1,000 gallons $______ $_______ $_______

0002 New Mobil Oil , ISO Viscosity Grade 100 Oil, with 5346 Lubrizol 0002AA 24,000 gallons $______ $_______ $_______ 0002AB 8,000 gallons $______ $_______ $_______

0002AC 1,000 gallons $______ $_______ $_______

0003 New Mobil Oil , ISO Viscosity Grade 68 Oil 0003AA 24,000 gallons $______ $_______ $_______ 0003AB 8,000 gallons $______ $_______ $_______ 0003AC 1,000 gallons $______ $_______ $_______ complete and accurate evaluation. Each volume is expected to contain a table of contents, summary section with a brief abstract of the volume and the narrative discussion. Proprietary information shall be clearly marked.

Volume I: Technical

The technical volume shall be submitted as a separate PDF document and include the following sections:

1. Technical Capabilities – Required documents listed under evaluation factors

2. Past Performance (Complete Attachment 1)

DO NOT INCLUDE PRICE INFORMATION IN THE TECHNICAL VOLUME

Volume II: Price

The price volume shall be in a separate PDF file and include the following sections:

1. DUNS Number, CAGE Code, and Tax ID Number

2. Signed and dated Standard Form 1449 (Commercial Solicitation)

3. Price Schedule (prices filled in)

4. Representations, Certificates and Other Statements of Offerors (should be completed on www.sam.gov website)

5. Acknowledgement of any amendments issued (amendment number and date acknowledged by Offeror).

Proposal Submission

Submit in two separate volumes:

Volume Content Number of Copies

I. Technical Volume 1 copy in PDF file format, submitted via e-mail

II. Price Volume 1 copy in PDF file format, submitted via e-mail

Each Volume must be clearly identified in the file name.

The complete proposal package shall be submitted to the following address before the closing date/time stated on the solicitation:

Nona.R.Fincher@usace.army.mil

QUESTIONS

All inquiries regarding this solicitation are to be submitted via Bidder Inquiry. Telephone and email inquiries will not be accepted. Bidder Inquiry is a web-site that allows bidders to post questions regarding the solicitation and view all questions by other bidders and responses by USACE. Bidder Inquiry can be accessed through ProjNet at (https://www.projnet.org)

To submit and review inquiry items, prospective vendors will need to use the Bidder Inquiry Key presented below and follow the instructions listed below the key for access. A prospective vendor who submits a comment /question will receive an acknowledgement of their comment/question via email. Another email to the same address will notify the prospective vendor once the reply is available for viewing.

The Bidder Inquiry Key is: 767SWE-JC528C Specific Instructions for ProjNet Bid Inquiry Access:

1. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

2. Identify the Agency. This should be marked as USACE.

3. Key. Enter the Bidder Inquiry Key listed above.

4. Email. Enter the email address you would like to use for communication.

5. Click Continue. A page will then open saying that a user account was not found and will ask you to create one using the provided form.

6. Enter your First Name, Last Name, Company, City, State, Phone, Email, Secret Question, Secret Answer, and Time Zone. Make sure to remember your Secret Question and Answer as they will be used from this point on to access the ProjNet system.

7. Click Add User. Once this is completed you are now registered within ProjNet and are currently logged into the system.

Instructions for Entering Questions:

1. After you are logged in click on the "post new inquiry", it is on the left side of the window under the Word "Submit" a.) This is the window where you will enter your questions b.) Comment Classification: Click on the down arrow to the right of the words “Please select from below”, select “Public” c.) Discipline: This is where you select who this question should be directed to. Example; if the question is about an electrical drawing or specification select: “Electrical” from the pull down list.

d.) Sheet. Enter the sheet number of the drawing you are asking about.

e.) Detail. Enter the detail name of the detail shown on the drawing that you are asking about.

f.) Specification. Enter the Specification number and paragraph number.

g.) File. Use this if you are going to attach a pdf file.

h.) Question. Enter your question here.

Specific Instructions for Future ProjNet Bid Inquiry Access:

1. For future access to ProjNet, you will not be provided any type of password. You will utilize your Secret Question and Secret Answer to log in.

2. From the ProjNet home page linked above, click on Quick Add on the upper right side of the screen.

3. Identify the Agency. This should be marked as USACE.

4. Key. Enter the Bidder Inquiry Key listed above.

5. Email. Enter the email address you used to register previously in ProjNet.

6. Click Continue. A page will then open asking you to enter the answer to your Secret Question.

7. Enter your Secret Answer and click Login. Once this is completed you are now logged into the system.

For questions about the ProjNet Bidder Inquiry, please contact the Call Center help desk toll free at 1-800-428- HELP, which operates from 8AM to 5PM (Central US time zone). Bidder inquiry help questions can also be emailed to the helpdesk at staff@projnet.info .

SITE VISIT

There is no site visit scheduled at this time but may be held if requested.

ADDENDUM TO 52.212-2

Evaluation Factors (Addendum to 52.212-2)

BASIS FOR CONTRACT AWARD: The award will be made based on the best overall proposal that is determined to be the most beneficial to the Government, with appropriate consideration given to the three evaluation factors. The Government will award a contract to the responsible offeror whose offer conforms to the solicitation and is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. To be technically acceptable, an offeror shall receive a rating of acceptable on all non-price factors and sub-factors.

The Government intends to award a contract without discussions with respective offers. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

The two non-price factors: Technical Capabilities and Past Performance will be evaluated on an Acceptable or Unacceptable basis.

Factor 1: Technical Capabilities

Technical Capabilities are to be rated on an acceptable or unacceptable rating. Factor 1 will be rated unacceptable if any of the required documentation is absent or ambiguous.

- Certification, such as a letter with product data sheets attached, of Brand Name Products to be delivered – No “equivalent” products are acceptable for this requirement, only the specific name brands Mobil DTE and 5346 Lubrizol.

- Ability to Distribute Required Quantity of Mobil DTE – Approximately 440,000 gallons of Mobil DTE is anticipated to be ordered over a period of 3 years. Offeror is to be an Authorized Distributor of ExxonMobil, as evidenced either on the www.mobil.com website or by a letter from ExxonMobil.

- Oil Storage Facilities – Facilities must be sufficient to store 48,000 gallons of oil simultaneously, while filtering 24,000 of those gallons of oil. Railcar storage may be used for 24,000 gallons of the 48,000 gallons of oil storage.

- Equipment and Filtering System – Equipment must be capable of injecting Lubrizol into the oil stream during filtration at a minimum of 60 degrees F to achieve a homogeneous mixture, and of filtering oil to a cleanliness level of 17/15/12(c).

- Qualified Independent Oil Laboratory Testing – Up to approximately 170 submittals for oil test results are anticipated to be required over a period of 3 years. Offeror is to submit documentation of readiness to provide oil test results from a qualified laboratory which is independent of Mobil and independent from the Offeror. In order to be qualified, laboratory must be ISO 9001 and ISO/IEC 17025 certified, with a minimum of 10 years of experience performing oil analysis for hydroelectric power generation, including but not limited to ASTM D 7155 Standard Practice for Evaluating Compatibility of Mixtures of Turbine Lubricating Oil. Documentation must show the laboratory’s qualifications as well as an agreement to perform oil tests for the Offeror.

Technical Capability Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation

Factor 2: Past Performance/Experience

Subfactor a - Timeliness of service Subfactor b - Quality of service

A minimum satisfactory rating (Acceptable/ Unacceptable basis) will be made by references to the above subfactors on similar scope contracts in the previous five years. A rating of acceptable will be based on the Offeror’s performance record; the Government has a reasonable expectation that the Offeror will successfully perform the required services under this contract.

Past Performance subfactors are rated on the basis of returned Contractor Past Performance Questionnaire (Attachment) from previous customers. Past Performance Questionnaires shall address projects that are similar in size, scope, and complexity of contract and ratings to demonstrate a high level of performance.

In order to receive an “Acceptable” rating in Factor 2: Contractor shall receive a minimum rating of “Acceptable” in the subfactors from the returned Past Performance Questionnaires. A rating of “Unacceptable” in any subfactor from the returned Past Performance Questionnaires will cause the entire factor to be rated “Unacceptable”.

An Offeror without a record of relevant past performance or for whom information on past performance is not available; the Offeror may not be evaluated favorably or unfavorably on past performance and receive an “Acceptable” rating.

Past performance under Factor 2 will be evaluated using the following rating of an "acceptable" or "unacceptable" basis using the ratings stated in the below table:

Past Performance Evaluation Ratings Rating Description Acceptable Based on the offeror’s performance record, the

Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Factor 3: Price

Offerors shall provide a complete price proposal to include a complete price schedule. Offers will be evaluated for completeness and reasonableness. The objective is to determine if the overall price offered is fair and reasonable.

To be complete, the Offeror must provide all data that is requested and necessary to evaluate the prices. The Government will assess the extent to which the proposed prices comply with the content and format requirements set forth in this solicitation.

The Offeror’s proposal is evaluated through price analysis techniques described in FAR Subpart 15.305(a) (1). For a price to be reasonable, it must represent a Price that provides best value to the Government when consideration is given to prices in the market, technical and functional capabilities of the Offeror. The Offeror’s proposed price will be evaluated to determine if any are unreasonably high or low in relation to the anticipated work under the contract.

Award will be made on the basis of Lowest Price Technically Acceptable (LPTA).

TASK ORDERS

CONTRACT MINIMUM/MAXIMUM

1. During the life of the contract, the Government shall be obligated to order services in the minimum task order amount of $2,500.00 and maximum task order amount of $750,000.00.

2. The aggregate value of all task orders shall not exceed $7,000,000.00 during the life of the contract.

TASK ORDER PROCESSING PROCEDURES

1. When the Government requires work under this contract, the Contracting Officer will issue a Task-Order Request for Proposal (RFP) to the Contractor awarded the contract from this solicitation in accordance with Federal Acquisition Regulation Part 16. The task-order RFP will include a statement of work describing the work to be performed, any special instructions and conditions, and a completion schedule for the project. Task orders may be handled by electronic means (e.g., email), facsimile or telephone for urgent requirements.

2. The contractor shall prepare a proposal in accordance with the requirements of the task-order RFP and this contract. The contractor shall respond within 2 weeks, unless otherwise stated in the RFP, by submitting a proposal to the Contracting Officer. The proposal shall contain detailed pricing information which will support proposed labor hours, material quantities and costs, and any other associated costs that may be required during work performance. Price proposals must be consistent with the current rates negotiated in the base contract.

3. There may be a need for the contractor to attend a pre-proposal site visit / conference for projects, which would be necessary for preparation of a proposal and to reaching an understanding of the results desired by the Government. Failure to attend may not be used as an excuse for omission or miscalculation in proposals. The contractor will not be reimbursed for attendance at pre-proposal site visits, conferences, proposal preparation, negotiations, or other pre-award costs.

4. Upon conclusion of satisfactory negotiations (if required), a task order will be issued by the Contracting Officer reflecting the negotiated order price and payment terms as outlined in the Statement of Work. The task order will contain an original or electronic signature by the Contracting Officer, and will be forwarded to the contractor via mail, facsimile or electronic means.

5. The task order completion schedule shall commence upon receipt of written, verbal, or electronic notice of award, and shall end as specified in the Statement of Work of each task order. The contractor shall insure that all task-order work is completed and that submittals are made in accordance with the time allowances and progress schedule set forth in the Statement of Work of each task order. The schedule is subject to adjustment by the Contracting Officer, in writing, for material delays on the part of the Government and for conditions beyond the control of the parties hereto.

6. The contractor is advised not to perform any services under this contract requested by any person other than the Contracting Officer, orally or in writing, which is considered to be a change in the work or services required by this contract or a negotiated task order that would necessitate an adjustment in task-order price, until the contractor has made a proposal to the Contracting Officer covering such change in services, and both parties have negotiated a mutually satisfactory modification to the task-order price and the contractor has received either written, oral or electronic notice of modification award or verbal direction to proceed from the Contracting Officer.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.207-4 Economic Purchase Quantity-Supplies AUG 1987 52.209-7 Information Regarding Responsibility Matters JUL 2013 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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

APR 1984

52.242-13 Bankruptcy JUL 1995 52.246-24 Limitation Of Liability--High-Value Items FEB 1997 52.247-34 F.O.B. Destination NOV 1991 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

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

252.223-7001 Hazard Warning Labels DEC 1991 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 (Dec 2016)

DEC 2016

252.225-7012 Preference For Certain Domestic Commodities DEC 2016

252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

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 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.211-9 DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)

(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE

1. Multiple deliveries will be required over a three (3) year period to each of the destinations below.

2. Deliveries will be made to the destinations within 90 days of the order.

Note: First delivery only to each destination will be 94 calendar days to account for site specific submittals.

3. Destination includes all of the following locations:

DESTINATIONS

McNary Dam US Army Corps of Engineers 82790 Devore Road Umatilla, Oregon 97882-1441

Lower Monumental US Army Corps of Engineers 5520 Devils Canyon Road Kahloutus, Washington 99335-0010

Little Goose Dam

1001 Little Goose Dam Road Dayton, Washington 99328-8602

Lower Granite Dam

805 Almota Ferry Road Pomeroy, Washington

99347-9632

Dworshak Dam

1428 North Fork Drive Ahsahka, Idaho 83520-0048

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows:

SCHEDULE OF ANTICIPATED DELIVERIES

FOR INFORMATION ONLY – SUBJECT TO CHANGE WITHIN PERIOD OF PERFORMANCE

DEPENDING ON TASK ORDER ISSUANCES:

Anticipated Deliveries of Mobil DTE 100, with 2.5% 5346 Lubrizol Delivery Order

WEEK OF To Little Goose To Lower Granite To Lower Monumental

1 25 September 2017 8,000 gallons 8,000 gallons 8,000 gallons

3 20 November 2017 8,000 gallons 8,000 gallons 8,000 gallons

5 01 January 2018 8,000 gallons 8,000 gallons 8,000 gallons

7 12 February 2018 8,000 gallons 8,000 gallons 8,000 gallons

9 26 March 2018 8,000 gallons 8,000 gallons 8,000 gallons

10 16 April 2018 8,000 gallons 8,000 gallons 8,000 gallons

13 30 July 2018 8,000 gallons 3,000 gallons 8,000 gallons

14 20 August 2018 3,000 gallons 0 gallons 3,000 gallons

Anticipated Deliveries of Mobil DTE 68 Delivery Order # WEEK OF To Dworshak To McNary

2 25 September 2017 12,000 gallons 12,000 gallons

4 11 December 2017 8,000 gallons 16,000 gallons

6 22 January 2018 0 gallons 24,000 gallons 8 05 March 2018 0 gallons 24,000 gallons

11 18 June 2018 0 gallons 24,000 gallons

12 09 July 2018 0 gallons 24,000 gallons

15 20 August 2018 0 gallons 24,000 gallons

16 10 September 2018 0 gallons 24,000 gallons

17 01 October 2018 0 gallons 24,000 gallons

18 12 November 2018 0 gallons 24,000 gallons

19 03 December 2018 0 gallons 19,000 gallons

SCHEDULE OF ANTICIPATED USED OIL PICK-UP

FOR INFORMATION ONLY – SUBJECT TO CHANGE WITHIN PERIOD OF PERFORMANCE

DEPENDING ON TASK ORDER ISSUANCES:

Pickup Order #

WEEK OF From Dworshak From Little Goose

From Lower Granite

From Lower Monumental

From McNary

1 09 October 2017 0 gallons 10,000 gallons 10,000 gallons 10,000 gallons 0 gallons 2 30 October 2017 6,000 gallons 0 gallons 0 gallons 0 gallons 30,000 gallons 3 20 November 2017 8,000 gallons 8,000 gallons 8,000 gallons 8,000 gallons 0 gallons

4 01 January 2018 3,000 gallons 8,000 gallons 8,000 gallons 8,000 gallons 15,000 gallons 5 22 January 2018 0 gallons 0 gallons 0 gallons 0 gallons 15,000 gallons 6 12 February 2018 3,000 gallons 8,000 gallons 8,000 gallons 8,000 gallons 15,000 gallons 7 18 June 2018 0 gallons 0 gallons 0 gallons 0 gallons 15,000 gallons 8 09 July 2018 0 gallons 8,000 gallons 8,000 gallons 8,000 gallons 15,000 gallons 9 30 July 2018 0 gallons 8,000 gallons 8,000 gallons 8,000 gallons 15,000 gallons

10 20 August 2018 0 gallons 8,000 gallons 0 gallons 8,000 gallons 15,000 gallons 11 10 September 2018 0 gallons 0 gallons 0 gallons 0 gallons 15,000 gallons

12 01 October 2018 0 gallons 0 gallons 0 gallons 0 gallons 15,000 gallons 13 22 October 2018 0 gallons 0 gallons 0 gallons 0 gallons 30,000 gallons 14 12 November 2018 0 gallons 0 gallons 0 gallons 0 gallons 15,000 gallons

15 03 December 2018 0 gallons 0 gallons 0 gallons 0 gallons 15,000 gallons

Offers that propose delivery of a quantity, under such terms or conditions, that delivery will not clearly fall within the applicable required delivery period, specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

WITHIN DAYS

ITEM NO. QUANTITY AFTER DATE

OF CONTRACT

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

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 following factors shall be used to evaluate offers:

See Addendum to FAR 52.212-2, entitled “Evaluation Factors” for additional criteria applicable to this acquisition.

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“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.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part…