RFP_W91QVN19R0208.docx
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- Solicitation number
- W91QVN19R0208
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| File | Type | Posted |
|---|---|---|
| AMENDMENT_1,_W91QVN19R0208.docx | DOCX document | |
| ATTACHMENT_2,_LIST_OF_FUEL_TANKS_FOR_YONGSAN_AND_FED.xlsx | XLSX spreadsheet | |
| ATTACHMENT_1,_LIST_OF_FUEL_TANKS_FOR_CAMP_STANLEY.xlsx | XLSX spreadsheet |
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W91QVN19R0208
Section SF 1449 - CONTINUATION SHEET
NOTICE TO OFFERORS
All sources may submit a proposal or quote as applicable. However, the Republic of Korea (ROK)-United States (U.S.) Status of Forces Agreement (SOFA), precludes the U.S. Government from granting Invited Contractor or Technical Representative status to any offeror, for this requirement. All sources submitting a proposal or quote, as applicable, including U.S. sources, must already have, or obtain the requisite business licenses directly from the ROK Government, and conduct business in accordance with all applicable ROK laws, including but not limited to, rules and policies regarding labor, taxation, and immigration. Any contractor not already doing business in Korea, must submit adequate verification in its initial proposal or quote, that it has the requisite authorization and capacity to compete for the requirement, and to perform the contract. If an initial proposal does not fully demonstrate this authorization and capacity, it will not be further considered for award. Whether an offeror qualifies shall be determined by the Contracting Officer.
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 74 |
| Each |
Extract Sediments from 50 Gal thru 499
FFP
Gal Above Ground Fuel tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
FOB: Destination
PSC CD: S222
ESTIMATED
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 130 |
| Each |
Extract Sediments from 500 Gal thru 999
Gal Above Ground Fuel Tanks at FED, yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 110 |
| Each |
Extract Sediments from 1,000 Gal thru
1,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 46 |
| Each |
Extract Sediments from 2,000 Gal thru
2,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 6 |
| Each |
Extract Sediments from 3,000 Gal thru
3,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 2 |
| Each |
Extract Sediments from 4,000 Gal thru
4,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 22 |
| Each |
Extract Sediments from 5,000 Gal thru
5,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 3 |
| Each |
Extract Sediments from 6,000 Gal thru
6,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 5 |
| Each |
Extract Sediments from 7,000 Gal thru
7,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 2 |
| Each |
Extract Sediments from 8,000 Gal thru
8,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 5 |
| Each |
Extract Sediments from 10,000 Gal Above
Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 1 |
| Each |
Extract Sediments from 12,000 Gal Above
Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 2 |
| Each |
Extract Sediments from 15,000 Gal Above
Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 1 |
| Each |
Extract Sediments from 20,000 Gal Above
Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
Accounting for Contract Service (CMR)
CMR requirement must be reported by 31 October of each calendar year during the life of the contract. NOTE: Not to exceed 20 Man hours for data collection and report.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Estimated cost for war hazard losses is
Zero (0).
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 74 |
| Each |
| OPTION |
| Extract Sediments from 50 Gal thru 499 |
FFP
Gal Above Ground Fuel tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 130 |
| Each |
| OPTION |
| Extract Sediments from 500 Gal thru 999 |
FFP
Gal Above Ground Fuel Tanks at FED, yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 110 |
| Each |
| OPTION |
| Extract Sediments from 1,000 Gal thru |
FFP
1,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 46 |
| Each |
| OPTION |
| Extract Sediments from 2,000 Gal thru |
FFP
2,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 6 |
| Each |
| OPTION |
| Extract Sediments from 3,000 Gal thru |
FFP
3,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 2 |
| Each |
| OPTION |
| Extract Sediments from 4,000 Gal thru |
FFP
4,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 22 |
| Each |
| OPTION |
| Extract Sediments from 5,000 Gal thru |
FFP
5,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 3 |
| Each |
| OPTION |
| Extract Sediments from 6,000 Gal thru |
FFP
6,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 5 |
| Each |
| OPTION |
| Extract Sediments from 7,000 Gal thru |
FFP
7,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 2 |
| Each |
| OPTION |
| Extract Sediments from 8,000 Gal thru |
FFP
8,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 5 |
| Each |
| OPTION |
| Extract Sediments from 10,000 Gal Above |
FFP
Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 1 |
| Each |
| OPTION |
| Extract Sediments from 12,000 Gal Above |
FFP
Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 2 |
| Each |
| OPTION |
| Extract Sediments from 15,000 Gal Above |
FFP
Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 1 |
| Each |
| OPTION |
| Extract Sediments from 20,000 Gal Above |
FFP
Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
| OPTION |
| Accounting for Contract Service (CMR) |
FFP
CMR requirement must be reported by 31 October of each calendar year during the life of the contract. NOTE: Not to exceed 20 Man hours for data collection and report.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| OPTION |
| Estimated cost for war hazard losses is |
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 74 |
| Each |
| OPTION |
| Extract Sediments from 50 Gal thru 499 |
FFP
Gal Above Ground Fuel tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 130 |
| Each |
| OPTION |
| Extract Sediments from 500 Gal thru 999 |
FFP
Gal Above Ground Fuel Tanks at FED, yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 110 |
| Each |
| OPTION |
| Extract Sediments from 1,000 Gal thru |
FFP
1,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 46 |
| Each |
| OPTION |
| Extract Sediments from 2,000 Gal thru |
FFP
2,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 6 |
| Each |
| OPTION |
| Extract Sediments from 3,000 Gal thru |
FFP
3,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 2 |
| Each |
| OPTION |
| Extract Sediments from 4,000 Gal thru |
FFP
4,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 22 |
| Each |
| OPTION |
| Extract Sediments from 5,000 Gal thru |
FFP
5,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 3 |
| Each |
| OPTION |
| Extract Sediments from 6,000 Gal thru |
FFP
6,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 5 |
| Each |
| OPTION |
| Extract Sediments from 7,000 Gal thru |
FFP
7,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 2 |
| Each |
| OPTION |
| Extract Sediments from 8,000 Gal thru |
FFP
8,999 Gal Above Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 5 |
| Each |
| OPTION |
| Extract Sediments from 10,000 Gal Above |
FFP
Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 1 |
| Each |
| OPTION |
| Extract Sediments from 12,000 Gal Above |
FFP
Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 2 |
| Each |
| OPTION |
| Extract Sediments from 15,000 Gal Above |
FFP
Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| ESTIMATED QUANTITY |
| UNIT |
| UNIT PRICE |
| ESTIMATED AMOUNT |
| 1 |
| Each |
| OPTION |
| Extract Sediments from 20,000 Gal Above |
FFP
Ground Fuel Tanks at FED, Yongsan and Camp Stanley. The Contractor shall provide services in accordance with Para. 7 of the PWS.
ESTIMATED
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Job |
| OPTION |
| Accounting for Contract Service (CMR) |
FFP
CMR requirement must be reported by 31 October of each calendar year during the life of the contract. NOTE: Not to exceed 20 Man hours for data collection and report.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| OPTION |
| Estimated cost for war hazard losses is |
NET AMT
PERFORMANCE WORK STATEMENT (PWS)
FOR
EMPTY FUEL STORAGE TANKS AND ASSOCIATED PIPELINES
AT YONGSAN, FED, AND CAMP STANLEY
1. INTRODUCTION: This is a non-personnel Contract to remove the remaining fuel, sludge and sediments from Aboveground Storage Tanks (ASTs) and drain, flush pipelines at Yongsan (to include Main Post, South Post, Camp Kim, TMP), FED and Camp Stanley. The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, proper disposal of recovered materials in accordance with all Korean Laws and regulations, tools, materials, supervision, and other items and non-personal services necessary to empty fuel storage tanks and/or pipelines at Yongsan, FED, and Camp Stanley as defined in the Performance Work Statement (PWS) herein.
2. BACKGROUND:
2.1. The existing 409 each fuel tanks and associated pipelines at Yongsan, FED, and Camp Stanley need to be emptied before return to the ROK Government.
2.2. This service will be performed in various facilities at Yongsan, FED, and Camp Stanley.
3. SCOPE OF WORK:
3.1. GENERAL SCOPE:
3.1.1 The Contractor shall furnish all the necessary labor, management, supervision, tools, materials, equipment for removal of oil sludge and oil/mixture, emptying water traps, draining fuel from the underground fuel line and site clean-up, proper disposal of recovered materials in accordance with all Korean Law and regulations, in strict compliance with the specifications and all other terms and conditions contained herein.
3.1.2 The capacity of tanks and its location is stated in the attachment #1.
3.2. PERFORMANCE PERIOD:
· Base Year: 1 September 2019 – 31 August 2020
· 1st Option Year: 1 September 2020 – 31 August 2021
· 2nd Option Year: 1 September 2021 – 31 August 2022
3.3. CONTRACTOR QUALIFICATION:
3.3.1 Prime Contractor’s Qualification:
3.3.1.1 The Prime Contractor shall possess current and valid Business Registration for cleaning of Fuel Oil Storage Tank (사업자 등록증, 종목: 기름저장탱크청소업이나 유창청소업), and license for the Collection and Transportation of Designated Waste (지정폐기물 수집운반업 허가증) or license for the Intermediate Disposal of Designated Waste(Special Field: Incineration) (지정폐기물 중간처리업 허가증 (전문 분야: 소각) issued by the Republic of Korea (ROK) Government.
3.3.1.2 The Prime Contractor shall have prior experience at least two (2) years in cleaning fuel oil storage tanks minimum total 100,000 gallons per year.
3.3.2 Key Personnel:
3.3.2.1 Contract Manager (CM): The Contractor shall provide a qualified Contract Manager who shall be responsible for managing the overall performance of the work and be given authority to make on-site decisions on behalf of the Contractor on contract matters. The CM shall have at least two (2) years’ experience as a CM in managing of same or similar fuel oil storage tank cleaning services.
3.3.2.2 The CM shall have full authority to act for the Contractor on the installation at all times during the performance of the work in order to comply with all requirement of this contract.
3.3.2.3 The Contractor personnel shall have the certificate of Confined Space Entry Training issued by Korea Occupational Safety and Health Agency (KOSHA) at least two (2) personnel to perform cleaning work for inside of the fuel storage tanks.
3.4. SECURITY/SAFETY REQUIREMENTS: The safety plan shall be submitted to the COR for review and acceptance prior to start of the work.
3.4.1 In order to provide safety control for protection to the life and health of employees and other persons; for prevention of damage to property, materials, supplies, and equipment; and for avoidance of work interruptions in the performance of this contract, the contractor shall comply with EM 385-1-1, General Safety Requirement.
3.4.2 Personnel and Equipment Safety: The Contractor shall perform work requirements in a manner to protect buildings/vehicles from damage, and building occupants from any harm or injury. The contractor shall exercise safety precautions as necessary to prevent safety hazards to personnel, materials, and equipment.
3.4.3 The Contractor shall immediately correct all safety deficiencies upon notification of the deficiencies by the Contracting Officer (KO) or Contract Officer Representative(COR), and shall notify the KO/COR of the corrective action to be taken.
3.4.4 The Contractor shall not leave equipment unattended while in use or unsecured while being stored at the work site during daily operation.
3.4.5 The Contractor and employees shall comply with all security requirements imposed by local installation commanders at all times while performing work under this contract. The Contractor shall ensure that all personnel involved in this work shall be trained for the level of expertise required for the proper performance of the task in accordance with commonly accepted commercial practices.
3.5. QUALITY CONTROL: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with PWS herein. The quality control plan shall be submitted in writing to the COR within 15 days after contract is awarded.
3.6. BASE PASSES: The Contractor shall be responsible for arranging for base passes and necessary vehicle permits required for entry onto US Government Installations. The Contractor shall obtain the necessary base passes and vehicle permits before performing any portion of this contract work. Temporary base passes take at least two weeks to process and are issued for only six months. The COR will not be responsible for providing escorts to Contractor employees.
3.7. HOURS OF OPERATIONS:
3.7.1 The Contractor shall perform the services required under this contract during the following hours: From 0800 hours to 1700 hours, Monday through Friday, except ROK legal holidays and when the Government facility is closed due to installation or national emergencies, or administrative closings.
3.7.7.1 ROK legal holidays are as follows:
| 1 and 2 January (New Year’s Day) |
| 31 December, 1 and 2 January on the Lunar Calendar (Lunar New Year’s Day) |
| 1 March (Independence Movement Day) 1 May (Labor Day) |
| 5 May (Children's Day) |
| 8 April on the Lunar Calendar (Buddha's Birthday) |
| 6 June (Memorial Day) |
| 17 July (Constitution Day) |
| 15 August (Liberation Day) |
| 14, 15, and 16 August on the Lunar Calendar (Chu-Sok) |
| 3 October (National Foundation Day) |
| 9 October (Hangul Day) |
| 25 December (Christmas Day) |
3.7.2 Exercises/Closures: The COR will notify the Contractor, in advance, of any exercise or closures of the facility that will be closed. During these periods, the Contractor shall keep the KO, through the COR, informed of any Government delays the Contractor encounters which causes the Contractor a backlog of unperformed services.
3.8. SCHEDULE OF WORK
3.8.1 The contractor shall prepare work schedule and submit to the COR for acceptance within 5 days after receipt of the Task Order. Any changes in the work schedule during the performance shall be coordinated with the COR.
3.8.2 In the event that weather or other conditions, over which the contractor has no control, prevent the contractor from completing fuel tank cleaning as scheduled, the contractor shall notify the COR of such conditions as soon as they arise. The contractor shall resubmit a revised schedule to the COR for acceptance.
3.9. QUALITY ASSURANCE: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the Standards of Performance. It defines how the Standards of Performance will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
3.10. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): QASP is a document used by the COR to conduct surveillance over the Contractor to ensure the Contractor performing according to the standards and tasks listed in this contract.
3.11. BEST MANAGEMENT PRACTICES REQUIREMENTS:
3.11.1 The Contractor shall perform work consistent with the relevant objectives Best Management Practices (BMPs). The Contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by Installation’s management plans, including pollution prevention, waste reduction, energy use, and natural resource protection. The Contractor shall provide monitoring and measurement information as necessary for the organization to address environmental performance. In addition, the Contractor shall advise their employees of their roles and responsibilities to use BMPs and how these requirements affect their work performed under this contract.
3.11.2 In the event of any environmental nonconformance or noncompliance associated with the contracted services, the contractor shall take corrective and preventative actions. In the event of any noncompliance with any federal, state, or local environmental law, regulation or requirement, the Contractor shall immediately respond by taking all appropriate corrective action and notifying the COR and the Environmental Office. For any nonconformance with the BMPs, the Contractor shall take corrective action and initiate further preventative action, as required by the Environmental Division.
3.11.3 All on-site contractor personnel shall complete necessary safety and environmental training specified for the type of work conducted on-site. Upon contract award, the COR will notify the Environmental Division to arrange appropriate training for staff.
3.12. ANTI-TERRORISM AND OPERATIONS SECURITY.
3.12.1 AT LEVEL I TRAINING: The contractor employees, to include subcontractor employee, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training within (14) calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within (3) calendar days after completion of training by all employees and subcontractor personnel. At Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at.
3.12.2 ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES: The contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.
3.12.2.1. For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.
3.12.3 iWATCH TRAINING: The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within (30) calendar days of contract award and within (20) calendar days of new employees commencing performance with the results reported to the COR NLT (10) calendar days after contract award.
3.12.4 For Contracts that Require OPSEC Training: Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.
4. DEFINITIONS AND ACRONYMS:
4.1. DEFINITIONS:
4.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.
4.1.2. CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.
4.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the Contracting Officer to administer the contract. Such appointment will be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical assistance to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.
4.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.
4.1.5. DELIVERABLE. Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.
4.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.
4.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.
4.1.8. QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.
4.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of Contractor performance.
4.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.
4.1.11. SUBCONTRACTOR. One that enters into a contract with a prime Contractor. The Government does not have privities of contract with the subcontractor.
4.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.
4.1.13. WORK WEEK. Monday through Friday, unless specified otherwise.
4.2. ACRONYMS:
| ACOR | Alternate Contracting Officer's Representative |
| AFARS | Army Federal Acquisition Regulation Supplement |
| AR | Army Regulation |
| AST | Above-ground Storage Tank |
| CCE | Contracting Center of Excellence |
| CFR | Code of Federal Regulations |
| CONUS | Continental United States (excludes Alaska and Hawaii) |
| COR | Contracting Officer Representative |
| COTS | Commercial-Off-the-Shelf |
| DA | Department of the Army |
| DD250 | Department of Defense Form 250 (Receiving Report) |
| DD254 | Department of Defense Contract Security Requirement List |
| DFARS | Defense Federal Acquisition Regulation Supplement |
| DMDC | Defense Manpower Data Center |
| DOD | Department of Defense |
EGS Environmental Governing Standard
| FAR | Federal Acquisition Regulation | |
| HIPAA | Health Insurance Portability and Accountability Act of 1996 | |
| KO | Contracting Officer | |
| OCI | Organizational Conflict of Interest | |
| OCONUS | Outside Continental United States (includes Alaska and Hawaii) | |
| ODC | Other Direct Costs | |
| PIPO | Phase In/Phase Out | |
| POC | Point of Contact | |
| PRS | Performance Requirements Summary | |
| PWS | Performance Work Statement | |
| QA | Quality Assurance | |
| QAP | Quality Assurance Program | |
| QASP | Quality Assurance Surveillance Plan | |
| QC | Quality Control | |
| QCP | Quality Control Program | |
| TE | Technical Exhibit | |
| UST | Underground Storage Tank |
5. GOVERNMENT FURNISHED ITEMS: None
6. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:
6.1. The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract in accordance with PWS herein.
6.1.1 VEHICLE:
6.1.1.1 The Contractor shall provide appropriate types of vehicle(s) (tank trucks) used for transporting oil sludge, sediments, and oil water mixture on the fuel tank interior, respectively. It is the Contractor’s responsibility for loading and off-loading these materials at both pick-up point and disposal plant.
6.1.1.2 The Contractor shall provide and maintain vehicles in a serviceable condition for transportation to meet the requirements of this contract in accordance with applicable local vehicle standards, USFK Regulation 190-1 Motor Vehicle Traffic Supervision, Army installation regulations. The Contractor shall provide COR with two (2) copies of calibration certificate(s) for the measuring devices at the intervals as required by the ROK Government authority.
6.1.1.3 The Contractor shall display its company name, and telephone number on all vehicles to be used in the performance of removal and disposal of liquid type wastes.
6.1.1.4 If the vehicle is at any time deemed unsafe or unserviceable by the COR, the Contractor shall remove equipment from the post and replace the defective vehicle within 24 hours. Vehicular repairs shall not be performed on post.
6.1.2 EQUIPMENT AND TOOLS:
6.1.2.1 The Contractor shall furnish all equipment and tools necessary to properly perform the work defined in this contract.
6.1.2.2 The Contractor’s equipment shall be of commercial quality, size, and type suitable for accomplishing the various phases of work specified and shall meet all safety requirements.
6.1.2.3 The Contractor’s equipment shall be in good condition and able to operate efficiently and safely. The Contractor shall provide a list of equipment and tools proposed under this contract to the COR.
6.1.2.4 All equipment used under this contract will be inspected by the COR at any time and the COR is authorized to direct the removal of any improper or unsafe equipment and tools from Government installations. The Contractor is responsible for ensuring that all the equipment that is utilized during the performance of this contract, is in good working condition and is used in a safe manner. Upon completion of the work, the Contractor shall remove all tools from the work area and leave the area in a clean, disinfected and orderly condition.
7. SPECIFIC TASK
7.1. The Contractor shall provide the following requirements:
7.1.1 Removal and Disposal of Oil Sludge, Oil water mixture: The Contractor shall be responsible for removal and disposal of all miscellaneous substances such as oil sludge, sediments, and oil water mixture on the tank interior with empty underground pipelines in accordance with ROK Law and Regulation, Environmental Law, and Environmental Governing Standard (EGS).
7.1.2 Water Traps: The Contractor shall be responsible for emptying oil water mixture or sediments in the water traps.
7.1.3 Drain Fuel Pipelines: The Contractor shall be responsible for draining fuel or oil water mixture from the pipelines and the unusable fuel or oil water mixture shall be disposed by designated licensed facility.
7.1.4 Site Clean-Up: The Contractor shall report all spills, regardless of the quantity to COR and Environmental Division. The Contractor shall be responsible for the complete cleanup of all spills caused by the Contractor’s employees. Environmental Division must inspect and verify that the clean-up is fully completed.
7.2. LIST OF TANK: See Attachment #1
· Yongsan (Main Post, South Post, Camp Kim, and TMP): 294ea ASTs.
· FED: 10ea ASTs.
· Camp Stanley: 105ea ASTs.
7.3. PERFORMANCE REQUIREMENTS SUMMARY (PRS) MATRIX
The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. The contractor shall provide services IAW PWS, Para. 7.1., in accordance with ROK Law and Regulation, Environmental Law, and Environmental Governing Standard (EGS) These thresholds are critical to mission success.
| Performance Objective |
| Performance Standard |
| Acceptable Quality Level (AQL) |
| Method of Surveillance |
| Incentives/Remedy of Failure |
| Oil Sludge and Oil/Mixture Removal |
| The contractor shall provide services IAW PWS, Para. 7.1.1., Five (5) Tanks per day |
| 97% |
| 100% inspection |
| Satisfactory Performance Rating/Re-performance within 24 hours |
| Empty Water Traps |
| The contractor shall provide services IAW PWS, Para. 7.1.2., Five (5) Tanks per day |
| 97% |
| 100% inspection |
| Satisfactory Performance Rating/Re-performance within 24 hours |
| Drain Fuel Pipeline |
| The contractor shall provide services IAW PWS, Para. 7.1.3., Five (5) Tanks per day |
| 97% |
| 100% inspection |
| Satisfactory Performance Rating/Re-performance within 24 hours |
| Site Clean-Up |
| The contractor shall provide services IAW PWS, Para. 7.1.4., No debris & spilled oil in the area |
| 99% |
| 100% inspection |
| Satisfactory Performance Rating/Re-performance within 24 hours |
8. SPECIAL PROVISIONS FOR DELIVERIES OR PERFORMANCE
8.1. PERFORMANCE PERIOD FOR DELIVERY ORDERS:
All work under this contract shall be performed only upon issuance of a task order signed by the Contracting Officer or by his representative duly authorized in writing. After receipt of each task order, the Contractor shall complete the work described in the task order based on the following performance schedule:
If delivery order amount is for; Performance period is;
| W3,000,000 or less | 20 calendar days *ARO |
| W3,000,001 to W10,000,000 | 40 calendar days ARO |
| W10,000,001 to W30,000,000 | 60 calendar days ARO |
| W30,000,001 to W50,000,000 | 120 calendar days ARO |
| W50,000,001 to W100,000,000 | 150 calendar days ARO |
| W100,000,000 to W500,000,000 | 210 calendar days ARO |
NOTE: The performance period for Task Orders issued during inclement weather shall be adjusted as determined appropriate by the Contracting Officer/Contracting Officer's Representative (KO/COR) on a case by case basis.
*ARO: After receipt of task order
8.2. PERFORMANCE PERIOD FOR DELIVERY ORDER - ALTERNATE:
If after receipt of the task order the Government does not allow access to the service area for the project, the Contractor shall contact the Contracting Officer within two working days for a new commencement dates, in which event the performance period shall be computed from the new commencement date.
9. APPLICABLE TECHNICAL ORDERS, SPECS, REGULATIONS, AND MANUALS: Following is a list of basic publications applicable to this performance based work statement. Additional publications may be listed by call. The Contractor is obligated to follow these publications.
9.1 Current issues of Army publications and links to other service publications can be accessed at http://www.apd.army.mil/. Department of Defense publications can be found at www.defenselink.mil/pubs or www.dtic.mil/whs/directives.
9.2. ENVIRONMENTAL GOVERNING STANDARDS, USFK Pam 201-1
https://134.11.61.26/CD8/Publications/USFK/USFK%20Pam%20(USFK)/USFK%20Pam%20200-1%2019970715.pdf or copies of USFK Pamphlet 201-1 and applicable Service Supplements can be obtained from Environmental Division, DPW, Yongsan.
9.3. REPUBLIC OF KOREA (ROK) ENVIRONMENTAL LAWS AND REGULATIONS
9.4. WASTE MANAGEMENT ACT (WMA) AMENDED ON 26 JANUARY 2002
9.5. DEPARTMENT OF DEFENSE (DoD) OVERSEAS ENVIRONMENTAL BASELINE GUIDANCE http://www.dtic.mil/whs/directives/corres/pdf/47155g_0300/p47155g.pdf
9.6. DoDD 6050.7, ENVIRONMENTAL EFFECTS ABROAD OF MAJOR DoD ACTIONS http://www.dtic.mil/whs/directives/corres/pdf/d60507_033179/d60507p.pdf
9.7. DoDD 6050.16, DOD POLICY FOR ESTABLISHING AND IMPLEMENTING ENVIRONMENTAL STANDARDS AT OVERSEAS INSTALLATIONS http://www.dtic.mil/whs/directives/corres/pdf2/d605016p.pdf
10. CONTRACTOR MANPOWER REPORTING REQUIREMENT:
10.1. The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the emptying of Fuel Storage Tanks and associated Pipelines at Yongsan, FED, and Camp Stanley.
The Contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services.
10.2. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component's CMR website".
11. EXHIBIT/ ATTACHMENT TABLE OF CONTENTS:
Attachment #1-1: Fuel Tank List for Yongsan and FED.
Attachment #1-2: Fuel Tank List for Camp Stanley.
CLAUSES INCORPORATED BY REFERENCE
| 52.204-7 |
| System for Award Management |
| OCT 2018 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2018 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| OCT 2018 |
| 52.228-4 |
| Workers' Compensation and War-Hazard Insurance Overseas |
| APR 1984 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.243-1 Alt II |
| Changes--Fixed-Price (Aug 1987) - Alternate II |
| APR 1984 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| OCT 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 |
| MAY 2019 |
| 252.213-7000 |
| Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations |
| MAR 2018 |
| 252.216-7003 |
| Economic Price Adjustment - Wage Rates or Material Prices Controlled by a Foreign Government |
| MAR 2012 |
| 252.216-7008 |
| Economic price adjustment--wage rates or material prices controlled by a foreign government--representation |
| MAR 2012 |
| 252.225-7041 |
| Correspondence in English |
| JUN 1997 |
| 252.225-7043 |
| Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States |
| JUN 2015 |
| 252.225-7993 (Dev) |
| Prohibition on Providing Funds to the Enemy (Deviation 2015-O0016) |
| SEP 2015 |
| 252.228-7000 |
| Reimbursement for War-Hazard Losses |
| DEC 1991 |
| 252.229-7000 |
| Invoices Exclusive of Taxes or Duties |
| JUN 1997 |
| 252.232-7008 |
| Assignment of Claims (Overseas) |
| JUN 1997 |
| 252.233-7001 |
| Choice of Law (Overseas) |
| JUN 1997 |
| 252.237-7023 |
| Continuation of Essential Contractor Services |
| OCT 2010 |
| 252.237-7024 |
| Notice of Continuation of Essential Contractor Services. |
| OCT 2010 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
CLAUSES INCORPORATED BY FULL TEXT
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(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, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of provision)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)
(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, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative 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.
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