DPW Industrial Gases
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. W912CN-18-X-XXX6 is issued as an invitation to request for quotation (RFQ). The incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-72.
Set Aside: Unrestricted
NAICS Code: 325120 - Industrial Gas Manufacturing
The Government is soliciting a single award, 5-year Blanket Purchase Agreement (BPA) to pick up, fill, and return government owned gas cylinder/tanks to requestor's locations at Bldg. 2600 Schofield Barracks, HI and Bldg. 347 Pierce Rd. Fort Shafter, HI. Refer to attached Statement of Work (SOW) for requirements of this solicitation.
Projected Ordering Periods as follows:
Ordering Period 1: 1 Nov 2018 to 31 Oct 2019
Ordering Period 2: 1 Nov 2019 to 31 Oct 2020
Ordering Period 3: 1 Nov 2020 to 31 Oct 2021
Ordering Period 4: 1 Nov 2021 to 31 Oct 2022
Ordering Period 5: 1 Nov 2022 to 31 Oct 2023
The provision at 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition. The offeror shall fill out the unit prices (yellow highlighted cells) for all ordering periods/years in the attached Excel pricing spreadsheet. Unit prices shall not exceed 2 decimal places. All costs shall be included in proposed unit prices.
EVALUATION OF OFFERS
The Government will make an award, resulting from this solicitation, to the responsible offeror whose offer conforms to the solicitation and is lowest priced. The Government will evaluate offers for award purposes by adding the total price of all gases, for all five ordering periods/years.
Offerors to include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items, with its offer.
The clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2018)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.L.113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109- 282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).
____ (10) [Reserved]
____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
____ (ii) Alternate I (NOV 2011) of 52.219-3.
____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
____ (ii) Alternate I (JAN 2011) of 52.219-4.
____ (13) [Reserved]
____ (14) (I) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Nov 2016) of 52.219-9.
____ (iii) Alternate II (Nov 2016) of 52.219-9.
____ (iv) Alternate III (Nov 2016) of 52.219-9.
____ (v) Alternate IV (Nov 2016) of 52.219-9.
____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).
____ (22) 52.219-28, Post Award Small Business Program Representation (July 2013) (15 U.S.C. 632(a)(2)).
____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
__X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X___ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
__X__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
__X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
_X___ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__X___ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).
____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (OCT 2015) of 52.223-13.
____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
__X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).
____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307 (f)).
_____(55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (July 2013) (31 U.S.C. 3332).
____ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (July 2013) (31 U.S.C. 3332).
____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).
____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
____ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).
____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.chapter 67).
____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).
_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
_____ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xvii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).
(xvi) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xvii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241
(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
Installation Specific Requirements
1. GENERAL ENVIRONMENTAL STANDARDS
(a) While performing work on any US Army Garrison, Hawaii (USAG-HI) installation, the Contractor shall comply with Executive Orders 13423 "Strengthening Federal Environmental, Energy, and Transportation Management" signed by the President on 24 Jan 2007 and 13514, "Federal Leadership in Environmental, Energy, and Economic Performance" signed by the President on 8 Oct 2009 requiring the acquisition of environmentally preferable goods and services, use of sustainable environmental practices, purchase of bio based, energy efficient and recycled content products. More specifically, the Contractor shall strive to improve upon their sustainability performance by taking actions to:
(1) Reduce energy consumption
(2) Reduce greenhouse gas emissions
(3) Conserve and protect water resources
(4) Eliminate waste, recycle, and prevent pollution
(5) Adopt sustainable technologies
(6) Procure environmentally preferable materials, products and services
(7) Maintain sustainable buildings
(8) Strengthen livability of the local community
(9) Inform and involve personnel in the achievement of these goals
(b) The Contractor shall comply with the Government directives, permit conditions, installation policies and plans as administered by the Government. The Contractor shall be held liable to pay for any environmental fines resulting from its operations, waste generated or other operational environmental requirements. As applicable, the Contractor shall obtain environmental permits required for wastewater pretreatment, underground tanks, hazardous waste identification numbers, air pollution permit for temporary sources, storm water permits or other pertinent environmental permits.
(c) The Contractor shall review and comply with applicable policies, program documents and regulatory requirements as stipulated under each environmental program media below.
(1) Environmental program documents include, but are not limited to; the Installation Hazardous Waste Management Plan - USAG-HI Regulation 200-4, Asbestos Management Plan, Lead-based Paint Management Plan, Installation Spill Prevention, Control, and Countermeasures (SPCC) Plan, Integrated Natural Resources
Management Plan, Integrated Cultural Resources Management Plan, Pollution Prevention Plan, and the Storm Water Pollution Prevention Plan available at the DPW Environmental Division. Environmental program documents can be downloaded from the installation sustainability and environmental management website at: http://www.garrison.hawaii.army.mil/sustainability/Environmental.aspx.
(2) Installation policies include, but are not limited to; the Environmental Compliance and Protection Program Policy Memorandum USAG-HI-4; Environmental Policy Memorandum USAG-HI-10; Authorized Use List Policy Memorandum USAG-HI-19, Waste Reduction and Recycling Policy Memorandum USAG-HI-25; Open Burn Policy Memorandum USAG-HI-51; Generator Control Policy Memorandum USAG-HI-55; Illicit Discharge Detection and Elimination Policy Memorandum USAG-HI-59; and the Joint USARPAC and IMCOM-Pacific Energy Conservation Policy Guidance. Installation Policy Memorandums are available for download at:
http://www.garrison.hawaii.army.mil/command/documents.htm
(3) The Contractor is also encouraged to view the online A to Z sustainability and environmental management guide for instructions on managing common environmental issues. The A to Z sustainability and environmental management guide is available at: http://www.garrison.hawaii.army.mil/sustainability/AtoZ.aspx.
(d) The Contractor shall at all times keep the work area, including storage areas used, free from accumulations of waste material or rubbish and prior to completion of the work remove any rubbish from the premises and all tools, scaffolding, equipment and materials not the property of the Government. Upon completion of the work, the Contractor shall leave the work and premises in a clean, neat and workmanlike condition satisfactory to the Contracting Officer. If debris is not disposed of properly or the site is not left clean, the Government will clean the site at the expense of the Contractor. The Contractor shall also be held liable for damages done to the environment as a result of disposal and/or cleanup.
(e) The Contractor may be subject to unannounced Environmental Compliance Inspections by the DPW Environmental Division.
(f) Environmental and Safety Noncompliance Fees. The Contractor shall be solely responsible for remedying all Federal, State and local environmental and safety violations or noncompliance and any payment of fines, penalties and fees levied as a result of the violations or noncompliance. The Government reserves the right to withhold payment in the amount of the fines, penalties and fees levied if not paid by the Contractor.
2. ASBESTOS
(a) Asbestos is present in many facilities in USAG-HI. If work under this contract involves renovation or demolition of a facility, a project-specific asbestos survey must be completed prior to beginning renovation or demolition work in accordance with Army Regulation 200-1 Ch. 9-2 (b) and 40 CFR 61.140-156 and all other applicable State and Federal laws and regulations.
(b) If asbestos-containing materials (ACM) are identified in the facility to be renovated or demolished, the Contractor shall abate the ACM prior to beginning renovation or demolition work. Abatement work shall be conducted in accordance with Army Regulation 200-1 Ch. 9-2 (b) and 40 CFR 61.140-156 and all other applicable State and Federal laws and regulations.
(c) The Contractor shall notify the State of Hawaii Department of Health 10 days prior to beginning of any demolition or applicable renovation activities in accordance with 40 CFR 61.145 and State laws and regulations.
(d) The Contractor shall be responsible for all other applicable notifications, reporting, training and certifications as required by State and Federal laws and regulations.
(e) The Contractor shall handle and dispose of ACM in accordance with all applicable State and Federal laws and regulations.
3. EMERGENCY PLANNING COMMUNITY RIGHT TO KNOW ACT (EPCRA) HAZARDOUS SUBSTANCES
(HS)
(a) Contractors using EPCRA HS in the performance of any work while on USAG-HI installations are responsible for complying with the provisions of EPCRA regulations and submitting applicable reports (TIER II/TRI) to Federal and State regulatory agencies as applicable.
(b) Copies of reports for substances used in connection with work performed on USAG-HI installations shall be provided to the DPW Environmental Division, Attention: EPCRA Program Manager, STOP 253, 3rd Floor, 948 Santos Dumont Ave., Wheeler Army Airfield, phone (808) 656-2878.
(c) Chemicals regulated under EPCRA HS are defined in EPA document EPA 550-B-98-017, Title III List of List, Consolidated List of Chemicals Subject to the Emergency Planning and Community Right to Know Act and Section 112(r) of the Clean Air Act Amended.
(d) The Contractor is responsible for knowing which chemicals it uses or transports that are contained on the list.
For convenience, the Contractor may review a copy of the EPA document at the Directorate of Public Works
(DPW) Environmental Division. The document can also be downloaded from the U.S. Environmental Protection
Agency (EPA) at: http://www.epa.gov/oppt/pubs/genpub.htm.
(e) The Contractor shall maintain copies of Material Safety Data Sheets (MSDS's) of all chemicals used in the performance of any work while on USAG-HI installations. MSDSs must be readily available at the site location where the work is being performed.
(f) The Contractor may request the list and locations of EPCRA HS currently utilized on USAG-HI installations by contacting the DPW Environmental Division EPCRA Program Manager. The Contractor must provide name, company, contract number, date the contract was awarded and provide a description of the contract. A database of locations of chemicals will then be forwarded upon review and approval of request. Contractors working on USAG-HI installations are encouraged to review this database, which will provide information where potentially hazardous chemicals are stored.
(g) All spills of substances containing EPCRA HS shall be immediately reported to the Directorate of Public Works Spill Response line at (808) 656-1111 and the USAG-HI, Public Affairs Office at (808) 656-3160 or (808) 542-9489 (after hours). The Contracting Officer shall be notified during the first business hour immediately after. All waste generated from EPCRA HS being utilized shall be immediately reported to the DPW Environmental Office, phone: (808) 656-2878.
(h) All Contractors utilizing substances containing EPCRA HS shall perform the following prior to contract start.
(1) Review the Installation Spill Prevention, Control, and Countermeasures (SPCC) Plan and the Installation Hazardous Waste Management Plan - USAG-HI Regulation 200-4 available at the DPW Environmental Division or from the installation sustainability and environmental management website at: http://www.garrison.hawaii.army.mil/sustainability/Environmental.aspx. Upon review, the Contractor or designated responsible employee shall sign a certification statement that they have reviewed and understand the contents of these documents.
(2) Provide a listing and MSDS copies of oil and Hazardous Substance (HS) products projected to be utilized in the performance of any work while on USAG-HI installations to the DPW Environmental Division. The estimated average and maximum quantities of each material anticipated to be on-site at any given time shall also be provided to the DPW Environmental Division EPCRA Program Manager, STOP 253, 3rd Floor, 948 Santos Dumont Ave., Wheeler Army Airfield, phone (808) 656-2878 and to building 6040 East Range for material to be bar-coded. The Contractor shall ensure the product listing is current and updated as frequently as necessary and/or at a minimum, on an annual basis by 1 January of each year.
(3) Provide the name, office phone number, and cellular phone number of a company spill response point of contact. The point of contact shall be trained in spill response.
(4) Provide a copy of an agreement with a hazardous materials spill response company in the event of a spill.
(5) Provide copies of employees training certificates on environmental and spill response training.
(6) Appoint a primary and alternate Environmental Compliance Officer in writing.
(7) Develop a notification procedure in the event of a spill to include phone numbers of response personnel, support agencies, National Response Center, State Hazard Evaluation Emergency Response Office and Civil Defense.
(8) Accomplish all spill notifications as required by the U.S. Environmental Protection Agency and State of Hawaii to the Hazard Evaluation Emergency Response Office, Local Emergency Response Commission and National Response Center. Copies of written spill notifications shall be provided to the DPW Environmental Division.
(9) All spills caused by the Contractor shall be cleaned up under supervision of the Contractor and a qualified hazardous materials spill response company, at no cost to the Government, in accordance with all applicable laws and regulations and to the satisfaction of the DPW Environmental Division.
(10) The Contractor shall pay for disposal cost of all contaminated materials to include but not limited to soil, sorbent materials, disposable equipment and other materials contaminated by the spill. Ensure all disposals are in accordance with all applicable laws and regulations at authorized disposal facilities.
4. SPILLS OF PETROLEUM/OIL/LUBRICANTS OR HAZARDOUS MATERIALS/HAZARDOUS WASTE
(a) The Contractor shall prepare and maintain a site-specific spill plan, including notification procedures for spills/releases. The spill plan shall include phone numbers of response personnel, support agencies, National Response Center, State Hazard Evaluation Emergency Response Office and Civil Defense. The Contractor shall provide a copy of the spill plan to DPW Environmental Division upon request.
(b) The Contractor shall provide immediate response to stop, contain, and clean-up all spills of oil and other hazardous substances that result from its performance under this contract.
(c) The Contractor shall report all spills immediately to the DPW Spill Response line at (808) 656-1111 in accordance with the Installation SPCC Plan. Additionally, the Contractor shall notify the COR of the incident during normal business hours or the first business hour following the incident.
(d) The Contractor shall accomplish all spill notifications and written spill reports as required by the U.S. Environmental Protection Agency, State of Hawaii Hazardous Evaluation Response Office, Local Emergency Planning Commission and National Response Center, in accordance with applicable laws and regulations.
(e) The Contractor shall provide a copy of spill notifications and written reports to the DPW Environmental Division.
(f) All spills caused by the Contractor shall be cleaned up under the supervision of the Contractor and/or a qualified hazardous waste/materials spill response company, at no cost to the Government, in accordance with all applicable laws and regulations and to the satisfaction of the DPW Environmental Division. If cleanup is not accomplished in a timely fashion, or to the satisfaction of the DPW Environmental Division, the Government will assist with the final cleanup, and the Contractor shall provide appropriate reimbursement of cleanup costs.
(g) The Contractor shall pay for all clean up, management, and disposal cost of all contaminated materials to include but not limited to soil, sorbent materials, disposable equipment and other materials contaminated by the spill. The Contractor shall ensure waste disposal is accomplished in accordance with all applicable laws and regulations and at authorized/permitted treatment and disposal facilities.
(h) The Contractor shall pay any fines or penalty charges associated with a citation issued by federal, state or local officials as a result of the accident.
(i) Contractors handling bulk fuel shall be trained to do so, and mobile fuel operations shall be approved by the DPW Environmental Division.
(j) Off-Post Spills. The Contractor shall be responsible for and pay for cleanup of off-post spills in accordance with directions received from appropriate local authorities (e.g., Honolulu Fire Department, State Civil Defense, etc.). Off-post spills in connection with work performed under this contract shall also be reported to the DPW Spill Response line at (808) 656-1111 and to the COR.
(k) Discovery of other than Contractor-caused spills. The Contractor shall report any spills of hazardous materials to the DPW Spill Response line at (808) 656-1111 and to the COR upon discovery.
5. HAZARDOUS WASTE (HW) AND NON-REGULATED WASTE (NRW)
(a) The Contractor shall comply with the Environmental Compliance and Protection Program Policy Memorandum USAG-HI-4.
(b) The Contractor shall determine, based on generation of hazardous waste(s) resulting from their operation/activities their respective hazardous waste generator status. The Contractor is responsible to manage HW and NRW generated on-site from inception to disposal in accordance with all applicable, federal, state, and local regulations. All costs associated with disposal shall be borne by the Contractor.
6. REQUIRED INSURANCE
(a) The Contractor shall procure and maintain during the entire period of its performance under this contract the following minimum insurance:
AMOUNT
TYPE PER PERSON PER ACCIDENT PROPERTY
Comprehensive General Liability: $500,000
Comprehensive Automobile Liability 200,000 500,000 20,000
Workmen's Compensation and Liability Insurance: As prescribed or required by law, with minimum employer liability limit of $100,000 for accidental bodily injury or death, or for occupational disease.
(b) Prior to the commencement of work, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government in such insurance shall not be effective for such period as may be prescribed by the laws of the State in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.
(c) The Contractor agrees to insert the substance of this clause, including this paragraph (c) in all subcontracts hereunder.
(d) It is the Contractor's responsibility to ensure the following changes are incorporated into their submitted
Certificate of Insurance:
1. The contract number must appear in the body of the Certificate of Insurance.
2. The certificate holder name shall read:
Army Materiel Command
Regional Contracting Office, Hawaii
413th CSB
The certificate shall be provided to the following address
413th Contracting Support Brigade
Regional Contracting Office, Hawaii
Contracting Operations Division
742 Santos Dumont Avenue
Bldg.108, 3rd Floor (Wheeler Army Airfield)
Schofield Barracks, HI 96857
(e) For all Contractors using the ACORD form dated earlier than October 2009, the Certificate of Insurance cancellation statement shall be revised as follows: Delete the words "endeavor to" and "but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives." The Certificate of Insurance cancellation statement shall then read: "Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer shall mail 30 days written notice to the certificate holder named to the left."
7. AMC-LEVEL PROTEST PROGRAM
(a) If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC.
(b) The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO.
(c) The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the Contracting Officer) to:
Headquarters U.S. Army Materiel Command
Office of Command Counsel
4400 Martin Road
Rm: A6SE040.001
Redstone Arsenal, AL 35898-5000
Fax: (256)450-8840
(d) The AMC-level protest procedures are found at: http://www.amc.army.mil/amc/commandcounsel.html. If
Internet access is not available, contact the Contracting Officer or HQ, AMC, to obtain the AMC-Level Protest Procedures.
8. ACCESS TO ARMY INSTALLATIONS - PERSONNEL and VEHICLES
(a) Commercial businesses shall possess and present a Contractor Installation Access Pass (IAP) to gain entry at any access control point (ACP). IAPs are processed by the Installation Access Pass Office, Building 6508, Leilehua Golf Course.
(b) In order to obtain a Contractor IAP, the Contracting Officer's Representative (COR) must submit a signed and approved IAP application along with a personnel information sheet to the Installation Access Office. Printed proof of social security numbers are required to be presented with all substantiating documents to the IAP Office. After the office has processed the paperwork (typically two days), Contractor employees may pick up passes at the office. Contractor employees shall bring some form of identification with proof of his or her social security number.
(c) Vendors and Contractors with commercial vehicles who do business on Army installations on a regular basis can receive extended passes for individual and fleet vehicles, for periods stipulated by the COR/sponsor, by registering their vehicles at the IAP Office. Company "Multiple Operator" memorandums shall be presented to IAP personnel upon requesting a vehicle IAP.
(d) The Contractor shall provide to the COR the names and social security numbers of individuals requiring access in performance of the contract no later than 14 days prior to start of performance. The Army Organization or Directorate for whom the Contractor is working is responsible for processing the paperwork to obtain passes.
(e) The Contractor is responsible for assuring personnel required to access any installation in performance of the contract obtain the required identification. Costs for employees to travel to the Government location shall be borne by the Contractor. Failure to obtain the required identification will not relieve the Contractor from contract performance. The Contractor shall be responsible for the return of identification cards upon expiration of the contract or when an employee is no longer performing work under the contract.
(f) The Contractor shall provide a list of the names of all employees and subcontractor employees who will access any Army facility in the performance of this contract. The Contractor shall provide written documentation used to verify employees and subcontractor's employees compliance with FAR 52.222-54, Employment Eligibility Verification (clause that requires Contractor to do background check.) The Contractor shall provide written proof from the Immigration and Naturalization Service that all employees listed are approved for employment within the U.S.
(g) At any time Contractor employees are operating Contractor-owned vehicles on an Army Installation, they shall have in their possession a letter signed by a corporate officer authorizing the individual to drive the vehicle.
(h) The Contracting Officer and the Provost Marshal office shall be notified of any change in vehicles within three business days of the change.
(i) Lost vehicle passes shall be reported immediately in order to obtain new passes. All vehicle passes issued shall be returned to the Installation Access Office upon completion of the contract, termination of an employee or discontinued use of the registered vehicles.
(j) Failure to follow the procedures outlined above may result in delays in entering Army Installations. The Government is not responsible for any adverse impact on the Contractor or its operation as a result of delays due to the failure to register vehicles.
(k) Contractors operating vehicles on an Army post shall not use cell phones unless used with a hands-free device. This applies to ALL personnel driving privately-owned and Government vehicles on Army installations and housing areas. Failure to comply will result in the loss of on-post driving privileges:
First offense - 14 days
Second offense - 30 days
Third offense - 180 days
If caught driving while privileges are suspended, privileges may be further suspended for a 5-year period.
(l) The Provost Marshall has the authority to change the above procedures without notice. Contractors shall adhere to any change in security procedures.
9. ACCIDENT PREVENTION AND SAFETY REQUIREMENTS
(a) The Contractor is responsible for implementing standard commercial practices for accident prevention and safety practices and compliance with paragraph b of this clause when performing the requirements stipulated in the statement of work or performance work statement of this contract. Therefore, upon commencement of work, the Contractor shall initiate an accident prevention and safety program applicable to the work to be performed under this contract. Further, the Contractor shall conduct a safety orientation for all employees immediately following their employment under this contract. The Contractor shall provide all occupational health services to its employees. Contractor employees shall be instructed to notify the Contractor's Project Manager of potential or existing occupational health hazards that require attention.
(b) The Contractor shall comply with the requirements of the Department of Labor Occupational Safety and Health Act (OSHA) and the Hawaii Occupational Safety and Health Law as administered by the Division of Occupational Safety and Health, Department of Labor and Industrial Relations, State of Hawaii.
(c) Government emergency vehicles and medical personnel may be used in emergency situations affecting Contractor personnel whose life may be in danger. Government facilities may be used in these instances as the first point of treatment. Transfer to other than Government medical treatment facilities shall be affected as soon as possible and as determined by attending medical authorities. Contractor employees and not the Government shall bear all medical expenses.
(d) The Federal OSHA (Public Law 91-596) requires the reporting of all occupational injuries and illnesses. This OSHA requirement applies to all Contractors as well as subcontractor personnel.
(1) When required, the Government will prepare for the Contractor DD Form 689, Individual Sick Slip for presentation to the medical treatment facility.
(2) DA Form 285, "United States Army Accident Investigation Report" will be furnished by the Government and shall be utilized by the Contractor to report all occupational injuries and illnesses whether there is lost time or no lost time, in accordance with Army Regulations 385-40.
(3) The Contracting Officer's Representative or authorized representative will investigate the accident and complete DA Form 285 within seven (7) calendar days, and forward the original and two (2) copies of the form through the Contracting Office to the Installation Safety Officer.
____________________________________________________________________
NOTICE OF QUESTION(S) SUBMISSION DEADLINE - Offerors are requested to review this solicitation and urged to submit questions regarding this solicitation to the Contracting Officer and Contract Specialist in writing via email (ronnie.t.sakata.civ@mail.mil ; and warren.m.sabugo.civ@mail.mil ) by 10/22/2018, 4:00 PM, Hawaii Standard Time in order to allow for the preparation of answers to be provided to all prospective offerors. Any questions received thereafter may not be processed.
Primary Point of Contact:
Warren M. Sabugo
warren.m.sabugo.civ@mail.mil
Phone: 808-656-1029
Contracting Office Address:
742 Santos Dumont Ave.
BLDG 108
Wheeler Army Air Field (WAAF)
Schofield Barracks, Hawaii 96857
United States
_____________________________________________________________________
SUBMISSION OF OFFERS:
The Offeror shall submit a completed pricing spreadsheet.
Offers will be accepted via email:
warren.m.sabugo.civ@mail.mil
Offers must be received at this email address In Box no later than 10/29/2018, 11:00 AM, Hawaii Standard Time. Offeror must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov
Warren M. Sabugo, Contract Specialist, Phone 8086561029, Email warren.m.sabugo.civ@mail.mil
