MOD | R | Hazardous Waste Removal and Emergency Services at the New England Region Laboratory

FBO DAILY ISSUE OF APRIL 28, 2011 FBO #3442
MODIFICATION

R -- Hazardous Waste Removal and Emergency Services at the New England Region Laboratory

Notice Date: 4/26/2011
Notice Type: Modification/Amendment
NAICS: 562211 — Hazardous Waste Treatment and Disposal
Contracting Office: Environmental Protection Agency, Office of Acquisition Management, Region V, Acquisition and Assistance Section (MMC-10J), 77 West Jackson Boulevard, Chicago, Illinois, 60604
ZIP Code: 60604
Solicitation Number: RFQ-R5-11-00006
Archive Date: 5/24/2011
Point of Contact: Jessica Strattard, Phone: (312) 353-4657, Michael Dunneback, Phone: 312-886-7523
E-Mail Address: strattard.jessica@epa.gov, dunneback.michael@epa.gov
(strattard.jessica@epa.gov, dunneback.michael@epa.gov)
Small Business Set-Aside: N/A
Description: 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; quotations are being requested and a written solicitation will not be issued. The solicitation number is RFQ-R5-11-00006 and is issued as a Request for Quotation (RFQ) under FAR Part 12 and FAR Part 13 rules. This requirement is being solicited on an unrestricted basis. The North American Industrial Classification Code (NAICS Code) that is applicable to this requirement is 562211, Hazardous Waste Treatment and disposal. The small business size standard for NAICS Code 541512 is $12,500,000.00. The Environmental Protection Agency, Region 1 New England Regional Laboratory, has a requirement for small quantity, low level hazardous waste pick up, and disposal. US EPA New England Regional Lab has a need for on-site hazardous waste pick up, disposal. US EPA New England Regional Lab has a need for emergency 2-hour turn around for on-site hazardous waste pick up, disposal and hazardous waste. There is a current contract in place to perform these services, and this award will replace the current contract. The new award will be FFP Indefinite Delivery/Indefinite Quantity, with actual work being ordered via Task Orders. The cumulative amount of work for the entire 5-year period of performance is estimated at between $100,000.00 to $500,000.00. 1. INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (FAR 52.212-1) (JUNE 2008) This clause applies to this solicitation and is incorporated into this solicitation by reference. An addendum to this clause is included in this solicitation. 2. ADDENDUM to FAR 52.212-1 Offerors shall prepare their quote in accordance with FAR 52.212-1 - Instructions to Offers - Commercial Items and the following additional instructions. Any questions regarding this solicitation shall be in writing via Email to strattard.jessica@epa.gov & dunneback.michael@epa.gov Offers must be received by the Contracting Office no later than 3:00 p.m. CST on May 9, 2011. Offerors may send quotes via Email, Fax or Mail. Email to strattard.jessica@epa.gov & dunneback.michael@epa.gov, Mail to: U.S. Environmental Protection Agency Attention: Jessica Strattard and Michael Dunneback 77 W. Jackson Blvd. Chicago, IL 60601 Fax: 312-697-2699 Offerors shall provide a statement that states the Offeror shall hold the prices in its offer firm for 45 days from the date specified for receipt of offers. Offerors shall be registered in the Central Contractor Registration by the date specified for receipt of offers. Information on the CCR can be found in FAR 52.212-1 - Instructions to Offers - Commercial Items To be responsive, the Offeror must have provided all the information identified in FAR 52.212-1 Instructions to Offerors - Commercial Items, and the additional information in this Addendum to FAR 52.212-1. The Government may contact Offeror's to clarify information or to request information that appears to be inadvertently omitted. Offerors shall submit a completed copy of the provision FAR 52.212-3 Offer Representation and Certification for Commercial Items with their offer. The following Service Contract Act Wage Determination is applicable to this solicitation and resulting contract: SCA Wage Determination 96-0229 Revision 28 dated 11/30/10. Offerors shall provide the following technical, past performance and pricing information in their offers: Technical Information: • A narrative explaining the Offeror's ability to meet the work requirements as identified in the Performance Work Statement. • One (1) copy of each permit/license/certificate for TSDFs and recycling facilities. • A copy of proof of insurance as required in the Addendum to FAR 52.212-4, k. Insurance. • Information identifying the dispatch location of the trucks used to provide supplies and the disposal of the hazardous waste. • The name and address of any subcontractor that will be used while performing this contract. • The Offeror and/or any proposed subcontractor(s) for other than TSDFs and recycling facilities shall provide a written and signed certification that states that they possess valid permits/licenses/certificates to transport, store and dispose of Hazardous Waste in Massachusetts and any other State where the EPA lab waste is proposed to be transported, stored or disposed. Only subcontractors with valid permits/licenses/certificates in accordance with the Statement of Work shall be approved for use on this contract. • The Offeror and/or any subcontractor shall provide a written and signed certification that states that they possess a written security plan in accordance with CFR 49 Part 172.800, Safety and Security Plans. • No chemical wastes taken from the EPA lab shall be shipped to, stored in, or disposed of at any location not listed as a permitted treatment, storage, disposal facility (TSDF) by the EPA or applicable State and all disposal facilities shall be located in the United States, with the exception of Dioxin, which may be disposed of in Canada or the United States. An offer that does not meet these hazardous waste disposal treatment requirements will not be considered • The Offeror shall provide the names of the proposed TSDFs and recycling facilities proposed to be initially used for this contract to treat, store, or dispose of EPA hazardous waste. The Offeror shall provide a written and signed certification to the EPA that the facilities proposed are not on the Off Site Rule Exclusion List and/or the facilities proposed do not have any State or EPA current formal enforcement actions. • The Offeror shall provide evidence of an existing on-line customer database for viewing profiles, editing and recertifying profiles, tracking shipping manifests, looking up dates of destruction and the ability to print an annual hazardous waste report for record keeping. Past Performance Information: Submit past performance information in accordance with 52.212-1 Instructions to Offerors - Commercial Items (June 2008). Include past performance information for any subcontractor that will be doing 25% or more of the effort based on the total proposed price or perform aspects of the effort that are considered critical to overall successful performance. Pricing Information: All pricing is applicable to the entire potential period of performance (2 year Base, three, 1 year Options). • Provide a price for each type of Lab Pack and Bulk/Profiled Hazardous Waste Materials by container size listed in Attachment 1, Table 1 in this solicitation. Include the transportation and disposal fee and the price of the container in the unit rate column for the Lab Packs. The Bulk/Profile will be supplied pre-packaged by EPA in the table's listed containers, therefore the unit rate is the transportation and disposal fee (only). • Provide a separate price for each item listed in Attachment 1, Table 1, Other Costs Associated with Transportation and Disposal (even if the amount is $0). The Offeror may add additional rows to include any other costs not identified in the table. Provide the misrepresentation waste fee per misrepresented waste. • Provide the variable recovery fee/fuel surcharge. Provide a separate table that shows the associated fuel surcharge based on the DOE national average fuel cost for diesel fuel. • Provide a separate price for each item listed in Attachment 1, Table 2, Emergency Response Items and Prices (even if the amount is $0). For each labor category, provide holiday and overtime rates. • For pricing purposes, the EPA has provided an example of a typical waste pick-up at the EPA lab for transportation and disposal in Attachment 2 to this RFQ. The Offeror shall provide the unit prices for each item utilizing those unit prices offered in Table 1, the total for each item and the overall price of the example pick up. 3. EVALUATION FACTORS The Government will award a contract resulting from this solicitation to the responsible Offeror whose quote conforming to the solicitation represents the best value and will be most advantageous to the Government, price and other factors considered. All evaluation factors are equal. The following factors shall be used to evaluate offers: Technical capability of the Offeror to meet the Government requirement Price Past Performance 4. OFFER REPRESENTATION AND CERTIFICATION FOR COMMERCIAL ITEMS FAR 52.212-3 (OCT 2010) This clause is incorporated by reference. Per the instructions, the Offeror shall submit a completed representation and certification in their offer. 5. CONTRACT TERMS AND CONDITIONS FOR COMMERCIAL ITEMS FAR 52.212-4 (JUNE 2010) This clause applies to this solicitation and is incorporated into this solicitation by reference. An addendum to this clause is included in this solicitation. 6. ADDENDUM to FAR 52.212-4 In addition to CONTRACT TERMS AND CONDITIONS FOR COMMERCIAL ITEMS FAR 52.212-4 (JUNE 2010), the following Performance Work Statement and clauses will apply to the resulting contract: a. PERFORMANCE WORK STATEMENT The contractor shall, on an as required basis, supply the necessary personnel, material and other items necessary for hazardous and toxic waste disposal and emergency response services for the Environmental Protection Agency, New England Regional Laboratory, 11 Technology Drive, North Chelmsford MA 01863-2431. General The Contractor and/or any proposed subcontractor(s) shall hold all applicable permits/licenses to transport, store and dispose of hazardous waste. This includes all applicable federal and state permits, such as EPA 40 CFR Part 260, USDOT 49 CFR Part 107 and Massachusetts 310 CMR 30.00 as example. Under the terms and conditions of this contract, no chemical wastes taken from the EPA lab shall be shipped to, stored in, or disposed of at any location not listed as a permitted treatment, storage, disposal facility (TSDF) by the EPA or applicable State, and all disposal facilities shall be located in the United States, with the exception of Dioxin, which may be disposed of in Canada or the United States. If Dioxin is disposed of in Canada the facility must be permitted by the applicable Government Agency, must be identified to the EPA and approved by the Contracting Officer prior to issuing an order for disposal. The Contractor shall not propose or use any TSDF or recycling facility that is on the Off Site Rule Exclusion List or any facility that has any State or EPA current formal enforcement actions. The COR, at any time during the performance of this contract, may visit any TSDF or recycling facility used in the performance of this contract. The Contractor shall be held responsible for any fines or penalties assessed due to state, local or federal laws being violated by the Contractor in the performance of this contract. The Contractor shall be solely responsible for proper management of waste and responsible for any and all spills, leaks and clean up while in transit. The Contractor shall clean up spills or leaks due to the Contractor's own activities in the performance of these services to the satisfaction of the Environmental Protection Agency and in a manner that complies with applicable federal, state and local laws and regulations. The clean up and transportation and disposal of the associated wastes shall be at no cost to the Environmental Protection Agency. The Contractor shall report all spills and leaks regardless of their quantity to the Environmental Protection Agency COR no later than 24 hours after the Contractor's initial telephone report to the National Response Center at (800) 424-8802. The dispatch location of the trucks, personnel and equipment used to provide supplies, packaging and disposal of the hazardous waste and emergency response services shall be located within 100 mile radius of the laboratory. The Contractor shall ensure that all personnel involved in handling and packaging the hazardous waste be trained for the level of expertise required by regulation (eg. OSHA and RCRA Regulations) and for the proper performance of the task and in particular in the areas of chemical incompatibility, general first aid procedures and spills. Handling and personnel protective equipment shall be provided by the Contractor and must be appropriate to ensure safe handling of hazardous waste. The Contractor agrees that his personnel and equipment are subject to safety inspections by the Environmental Protection Agency and state authorities while on Environmental Protection Agency property. The uniform hazardous waste manifest is required for the removal from EPA property of all hazardous or toxic items. The Contractor shall obtain and review all manifests for completeness and accuracy prior to removal of any hazardous or toxic wastes from EPA property. The Contractor shall provide the COR with a copy of the manifest(s), land disposal restriction notification(s) and any other shipping documents for review by the appropriate EPA official at least 24 hours prior to removal. The pick up manifest shall be reviewed and signed by the appropriate EPA service official (to be identified by the COR). Manifests shall be submitted in such a manner as to comply with the timeliness prescribed by the State and EPA regulations. Environmental Policy Statement: The New England Regional Laboratory (NERL) of the U.S. Environmental Protection Agency has an Environmental Policy with the goal of minimizing harmful effects on the environment caused by its activities, products, or services. To help meet this goal, we expect vendors, suppliers and contractors to provide, at the same quality and price, products and services that have the least environmental consequences of available options and meet environmental compliance requirements. A copy of the Environmental Policy will be supplied to you with the NERL list of Significant Environmental Aspects for reference. Hazardous Waste and Transportation and Disposal Services Services include package, pick up, transportation, labeling, analyses, fate determination, documentation, showing documentation of hazardous waste tracking via computer on-line access from pickup until ultimate treatment or disposal of hazardous or toxic wastes. Contractor shall provide completed and printed manifests, container labels and container DOT markings for each hazardous waste shipment. Hazardous waste shall be shipped and disposed/treated in the United States only, with the exception of Dioxin, which may be disposed of in Canada or the United States. The Contractor shall provide the waste disposal/treatment services described Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. Eastern Standard Time with the exception of Federal holidays. The following represents the work required to support this activity: • Contractor shall make approximately three (3) waste pickups a year consisting, on average, of 125-150 unique items. Hazardous waste shall consist of any or all of the line items listed in Attachment 1, Table 1 of this contract. • The Contractor shall pick up the waste within 15 business days after receipt of order for a pick up in accordance with the "Ordering" clause. • EPA will separate the Hazardous waste into two categories: Bulk and laboratory packs. • EPA will generate a hazardous waste report with each unique item for disposal provided to the Contractor prior to pick up to allow time for Contractor generated paperwork to be completed. • Contractor shall provide manifests, container labels and container DOT markings completed and printed off-site and mailed to EPA prior to pick up for EPA to perform self pack of bulk waste streams. Separate manifests are required for bulk waste streams and lab packs. • Unless otherwise specified, the Contractor shall provide a dedicated truck and qualified personnel to pick up and load bulk items and perform laboratory pack out of material. The Contractor shall provide hazardous waste chemists properly trained and experienced in the federal and state hazardous waste, OSHA and DOT regulations to properly over pack the hazardous waste, label containers, and prepare the manifests for shipping meeting all applicable rules and regulations. • Contractor shall provide transportation in three (3) categories: 1. Dedicated truck - for pick up with qualified personnel to categorize and pack waste 2. Milk run - Pick up waste (dedicated truck not required), paperwork already completed and waste packed 3. Stop fee - to deliver requested supplies. • Hazardous waste disposition shall be restricted to ultimate destruction (incineration), or treatment, including, but not limited to, retort for mercury, or recycling. Only asbestos waste may be landfilled, no other waste may be landfilled. • The hazardous waste from the laboratory shall remain in the original package departing from the point of origination until arriving at the facility for ultimate destruction or treatment. EPA's hazardous waste shall not be combined or bulked with other parties waste in another container for shipping purposes. • Contractor shall determine and provide profiles for the bulk waste streams. Profiles will be used for shipping, internal tracking, treatment standard determinations, and to identify approved TSDFs. • Contractor shall provide the EPA COR or COR's designee with access to an on-line customer database for viewing profiles, editing and recertifying profiles, tracking shipping manifests, looking up dates of destruction and the ability to print an annual hazardous waste report for record keeping. EPA access to this database is required for 1 year after the contract period ends. • Contractor shall return manifests within 45 calendar days of pick up. • Contractor shall provide Certificates of Destruction for PCBs within 8 months of pick up. Emergency Response Services The Contractor shall provide all the necessary personnel and equipment to respond, and provide cleanup and transportation and disposal of chemical and oil spills within the boundaries of the EPA property (both inside and outside the building) at the EPA Lab in North Chelmsford, Massachusetts. The Contractor shall provide emergency response services on a 24-hour, 7 days-a-week basis, as needed. Upon verbal notification by the EPA COR, the Contractor shall respond to a facility emergency cleanup within two (2) hours with the requested personnel and equipment to begin containment and cleanup of the spilled material. The COR and the Contractor shall both document the time of the notification and the time of the initial response. The Contractor shall perform all emergency response services (assessment, containment, removal, transportation & disposal and legal closure paperwork) in accordance with all applicable federal, state and local laws and regulations, including, but not limited to those promulgated under the Resource Conservation and Recovery Act, and Toxic Substances Control Act, the Occupational Safety and Health Act, the Hazardous Material Transportation Act, Environmental Protection Agency regulations applicable to the management of all regulated and non-regulated waste chemicals, chemically contaminated equipment and samples submitted for laboratory analysis and applicable Department of Transportation regulations. The Contractor shall provide the COR with a Point of Contact and phone number that is available for notification by the COR on a 24-hour, 7-days per week basis. The Contractor shall immediately notify the COR of any changes to the Point of Contact. The cleanup schedule shall be provided for the COR's approval. The Contractor must provide a Daily Work Order (DWO) at the beginning of the response and at the beginning of each day for a multiple day response listing the personnel, supplies and equipment with estimated time for the work day proposed to be used to the COR for approval. The COR has authority to decline proposed line items based on the current situations. The Contractor must provide Daily Cost Sheets (DCS) listing all personnel, supplies and equipment with hours worked being billed at the end of the emergency response working day or by the beginning of the following day for multiple day responses for the COR approval. The DCS will be compared to the DWO to make sure billed items were pre-approved. The COR has authority to not approve items on the DCS not listed on the DWO, and has discretion to allow for payment due to oversight. Contractor shall remove all waste associated with an emergency response within 15 business days of completion of the cleanup. The Contractor shall provide a Licensed Site Professional (LSP) in accordance with Massachusetts state regulations requiring a certified person to provide oversight and file the appropriate paperwork with the State to certify the cleanup was completed in accordance with state regulations. Quality Assurance Plan (QAP) The following outlines the performance standards for tasks identified by the Government that are considered critical to the performance on this contract. The identification of these tasks in no way undermines the importance of all tasks outlined in the Performance Work Statement. As stated in the Addendum to FAR 52.212-4, g. Invoices, the Contractor shall not invoice for the amounts shown below for critical tasks 1 and 2 until the Government assesses the following performance outcomes. The Government shall assess performance outcomes within 10 business days following the 45 calendar due date (see Hazardous Waste and Transportation and Disposal Services section under the PWS) for the manifests. This Quality Assurance Plan is negotiable between the parties. Critical Tasks Performance Standard Government Surveillance Disincentive 1. Submittal of Manifests Contractor shall return all manifests to the COR within 45 calendars days of pick up. COR review of date of pick up and receipt of manifests.$200 will be deducted for each manifest that is late. 2. Lab Waste Pickup Response Time Contractor shall provide pick up response no later than 3 business days later than what is specified in the Performance Work Statement. COR review of date of COR pickup notification to Contractor and actual date of pick up. 4% of the total cost shall be deducted for pick ups that occur more than 18 days after pick up order. 3. Initial Response to Emergency Notification from COR Contractor's initial response shall be within 2 hours of COR notification. COR review of time of COR notification and time of Contractor's initial response. $250 will be deducted if Contractor's initial response is more than 2 hours from receipt of COR notification. b. PERIOD OF PERFORMANCE The maximum period of performance shall be as follows: Base Period: Two (2) years from the date of award Option Period 1: One (1) year upon the expiration of the Base Period Option Period 2: One (1) year upon the expiration of the Option Period Option Period 3: One (1) year upon the expiration of the Option Period The Government has the option to extend the effective period of this contract beyond the base period for the additional option period set forth above. If more than 60 days remain in the effective period, the Government, without prior written notification, may exercise the option by issuing a modification to the contract. To unilaterally exercise the option within the last 60 days of the effective period, the Government must issue written notification of its intent to exercise the option prior to that last 60-day period. This preliminary notification does not commit the Government to exercising the option. c. MINIMUM AND MAXIMUM AMOUNTS During the period of performance specified in this contract, the Government shall place orders totaling a minimum of "TBD" based on the estimate for one (1) pickup, but not to exceed the actual cost of the first pickup". The maximum amount of all orders shall not exceed "TBD" at award based on the estimate for a total of 3 pickups per year plus an additional $15,000 per year for emergency response services". d. ORDER CEILING LIMITATIONS The Government will establish a contract ceiling at award which the Contractor is not authorized to exceed. Exceedance of the ceiling is solely at the Contractor's own risk. The Government is not obligated to reimburse the Contractor for any costs the Contractor has incurred above the ceiling. e. ORDERING This is an Indefinite Quantity contract for the supplies and services specified in the Performance Work Statement. The Government will establish a ceiling under this contract and the CO will initiate Task Orders for services required. Transportation and disposal services: Transportation and disposal services shall be priced in accordance with the fixed rates in Attachment 1, Table 1 to this contract. The COR will notify the Contractor approximately 3 weeks before a pick up is required. The CO will provide the Contractor with the listing and quantities of the waste to be picked up. Within seven (7) business days of receipt of the pick up listing from the Government, the Contractor shall provide the following via Email to the CO and COR: • A price estimate for the services and supplies (include the number of labor hours, contract labor rate, listing of waste types, units and contract unit rates and other costs associated with the pick up listing) • A listing of subcontractors to be used for the pick up. • A written and signed certification that all subcontractors, other than those for TSDFs and recycling facilities, have the required permits and licenses. • The names of the proposed TSDFs and recycling facilities to be used for to treat, store, or dispose of EPA hazardous waste. The Offeror shall provide a written and signed certification that the facilities proposed are not on the Off Site Rule Exclusion List and/or the facilities proposed do not have any State or EPA current formal enforcement actions. The Contractor shall obtain concurrence from EPA on the listing of proposed facilities to be used. Upon review of the Contractor's submittals and agreement between the parties on the proposed facilities and price, the CO will issue a Task Order. As stated in the Performance Work Statement, the Contractor shall pick up the waste within 15 business days after receipt of an order for a pick up. Emergency Response Services: Emergency response services shall be priced in accordance with the fixed rates in Attachment 1, Table 2 to this contract. The Contractor shall respond to an emergency in accordance with the performance work statement upon verbal notification by the COR. The Contractor shall provide the CO and the COR with an assessment that includes a brief description of the effort to accomplish the response and an estimated cost. The time for delivery of the description and estimated cost will be no more than two (2) business days after the COR's notification. The ceiling will be adjusted according to the agreed-upon estimated cost of the response between the Government and the Contractor. f. STRAIGHT TIME AND OVERTIME Straight time rates shall be charged for the first 40 hours worked by an employee during any 7-day weekly period, except for weekends and holidays or in accordance with the Contractor's established policy. EPA will not reimburse the Contractor for any straight time, overtime, or holiday time rates unless those amounts are actually paid to the employees. Straight time rates shall be charged in accordance with the Contractor employee's normal workweek (A workweek, at a minimum, shall be forty (40) hours). Each emergency 2-hour waste pick up will be individually negotiated. Overtime rates shall apply for work in excess of 40 hours per week except for exempt (salaried) employees in accordance with the Contractor's established policy. Overtime work must be approved in advance by the Contracting Officer. The EPA will only reimburse the Contractor for hours worked on-site. Travel time by employees to transport waste is considered included in the Transportation and Disposal Rates set forth in Attachment 1, Table 1 of the contract. g. INVOICING The Contractor shall submit invoices to the payment office listed in block 18a of the SF 1449. The Contractor shall submit a copy of the invoice to the CO and COR concurrently. The Contractor shall not invoice for the amounts shown in the disincentive columns for Critical Tasks 1 and 2 until the Government has assessed the performance outcomes. h. PAYMENTS For transportation and disposal services, the Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Each emergency 2-hour waste pick up will be individually negotiated. i. CONTRACT ADMINISTRATION REPRESENTATIVES Contracting Officer Representative (COR): TBD Agency Contracting Officer: TBD j. TECHNICAL DIRECTION (a) The Contracting Officer Representative (COR) is the primary representative of the Contracting Officer authorized to provide technical direction on contract performance. (b) Individuals other than the COR may be authorized to provide technical direction. If individuals other than the COR are authorized to provide technical direction, their names will be specified in the delivery order. A COR is authorized to provide technical direction, subject to the limitations set forth under (c) below. (c) Technical direction includes: (1) Direction to the Contractor which assists the Contractor in accomplishing the SOW. (2) Comments on and approval of reports or other deliverables. (d) Technical direction must be within the contract and the delivery order statement of work. The COR does not have the authority to issue technical direction which (1) institutes additional work outside the scope of the contract or delivery order, (2) institutes additional items beyond those that have been ordered by the CO, (3) causes an increase or decrease in the estimated cost of the delivery order (4) alters the period of performance; or (5) changes any of the other express terms or conditions of the contract or delivery order. (e) Technical direction will be issued by the COR in writing or confirmed in writing within five (5) calendar days after verbal issuance. k. INSURANCE The Contractor shall carry the following insurance during the period of performance on this contract: • Commercial General Liability at $1,000,000 each occurrence • Workers' Compensation at statutory minimum requirements • Employers' Liability at $500,000 each occurrence • Automotive Liability at $1,000,000 each accident • The following shall be named as additional insured: 1. Acquest Government Holdings, LLC 2. iStar Real Estate Services, Inc., and its subsidiaries, successors and assigns 3. Grubb & Ellis Management Services, Inc. Prior to commencement of work, the Contractor shall furnish to the Contracting Officer a certificate or written statement of all required insurance. l. 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract 60 calendar days after the end of the contract period. m. GOVERNMENT-CONTRACTOR RELATIONS (EPAAR 1552.237-76) (JUNE 1999) (a) The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor's personnel. It is, therefore, in the best interest of the Government to afford both parties a full understanding of their respective obligations. (b) Contractor personnel under this contract shall not: (1) Be placed in a position where they are under the supervision, direction, or evaluation of a Government employee. (2) Be placed in a position of command, supervision, administration or control over Government personnel, or over personnel of other Contractors under other EPA contracts, or become a part of the Government organization. (3) Be used in administration or supervision of Government procurement activities. (C) Employee Relationship: (1) The services to be performed under this contract do not require the Contractor or his/her personnel to exercise personal judgment and discretion on behalf of the Government. Rather the Contractor's personnel will act and exercise personal judgment and discretion on behalf of the Contractor. (2) Rules, regulations, directives, and requirements that are issued by the U.S. Environmental Protection Agency under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract. (d) Inapplicability of Employee Benefits: This contract does not create an employer-employee relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply. (1) Payments by the Government under this contract are not subject to Federal income tax withholdings. (2) Payments by the Government under this contract are not subject to the Federal Insurance Contributions Act. (3) The Contractor is not entitled to unemployment compensation benefits under the Social Security Act, as amended, by virtue of performance of this contract. (4) The Contractor is not entitled to workman's compensation benefits by virtue of this contract. (5) The entire consideration and benefits to the Contractor for performance of this contract is contained in the provisions for payment under this contract. (e) Notice. It is the Contractor's, as well as, the Government's responsibility to monitor contract activities and notify the Contracting Officer if the Contractor believes that the intent of this clause has been or may be violated. (1) The Contractor should notify the Contracting Officer in writing promptly, within 7 calendar days from the date of any incident that the Contractor considers to constitute a violation of this clause. The notice should include the date, nature and circumstance of the conduct, the name, function and activity of each Government employee or Contractor official or employee involved or knowledgeable about such conduct, identify any documents or substance of any oral communication involved in the conduct, and the estimate in time by which the Government must respond to this notice to minimize cost, delay or disruption of performance. (2) The Contracting Officer will promptly, within 7 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer will either: (i) confirm that the conduct is in violation and when necessary direct the mode of further performance, (ii) countermand any communication regarded as a violation, (iii) deny that the conduct constitutes a violation and when necessary direct the mode of further performance; or (iv) in the event the notice is inadequate to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished by the Contractor and the date thereafter by which the Government will respond. n. ENVIRONMENTAL PROTECTION AGENCY (EPA) CONTRACTS (EP 52.000-000) (NOV 1994) The Contractor shall not perform any of the following activities on behalf of EPA in connection with this contract: 1. The actual preparation of Congressional testimony. 2. The interviewing or hiring of individuals for employment at EPA. 3. Developing and/or writing of Position Descriptions and Performance Standards. 4. The actual determination of Agency policy. 5. Participating as a voting member on a Performance Evaluation Board; participating in and/or attending Award Fee meetings. 6. Preparing Award Fee Letters, even under typing services contracts. 7. The actual preparation of Award Fee Plans. 8. The preparation of documents on EPA Letterhead other than routine administrative correspondence. 9. Reviewing vouchers and invoices for the purposes of determining whether costs, hours, and work performed are reasonable. 10. The preparation of Statements of Work, Work Assignments, Technical Direction Documents, Delivery Orders, or any other work issuance document under a contract that the contractor is performing or may perform. Such a work issuance document, prepared by an EPA prime contractor under an EPA prime contract for its subcontractor, is exempt from this prohibition. 11. The actual preparation of responses to audit reports from the Inspector General, General Accounting Office, or other auditing entities. 12. Preparing responses to Congressional correspondence. 13. The actual preparation of responses to Freedom of Information Act requests, other than routine, non-judgmental correspondence. 14. Any contract which authorizes a contractor to represent itself as EPA to outside parties. 15. Conducting administrative hearings. 16. Reviewing findings concerning the eligibility of EPA employees for security clearances. 17. The actual preparation of an office's official budget request. 7. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS FOR COMMERCIAL ITEMS FAR 52.212-5 (OCT 2010) The following clauses in this provision are applicable to this solicitation and the resulting contract: 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) 52.212-5 Contract Terms and Conditions Required to Implement Statues or Executive Orders - Commercial Items (Oct 2010) 52.219-9 - Small Business Subcontracting Plan (Jan 2011) 52.219-28 Post Award Small Business Program Representation (April 2009) 52.204-7 Central Contractor Registration (Apr 2008) 52.233-3 Protest after Award (Aug 1996) 52.222-3 Convict Labor (June 2003) 52.222-21 Prohibition of Segregated Facilities (Feb 1999) 52.222-26 Equal Opportunity (Mar 2007) 52.222-36 Affirmative Action for Workers with Disabilities (Oct 2010) 52.222-50 Combating Trafficking in Persons (Feb 2009) 52.232-33 Payment by Electronic Funds Transfer - Central Contractor Registration (Oct 2003) 52.222-41 Service Contract Act of 1965 (Nov 2007) 52.222-42 Statement of Equivalent Rates for Federal Hires (May 1989) 52.222-43 Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) (SEP 2009) 52.244-2 - Subcontracts (Oct 2010) 8. Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. 9. Attachment 1: UNIT PRICING FOR TRANSPORTATION AND DISPOSAL AND EMERGENCY RESPONSE SERVICES This document is attached in Excel Format. The unit pricing tables will be used by the Government to evaluate price and will also be incorporated into the resulting contract. 10. Attachment 2: HAZARDOUS WASTE PICK-UP SCENARIO This document is attached in Excel Format. This document will be used by the Government to evaluate price. 11. Attachment 3: Service Contract Act Wage Determination The following Service Contract Act Wage Determination is applicable to this solicitation and resulting contract: SCA Wage Determination 05-2255 Revision 11 dated 06/15/10. This wage determination will be incorporated into the resulting contract.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/EPA/OAM/MMC-10J/RFQ-R5-11-00006/listing.html)
Place of Performance: Address: U.S. EPA New England Regional Laboratory, 11 Technology Drive, North Chelmsford, Massachusetts, 01863, United States; Zip Code: 01863
Record: SN02433653-W 20110428/110426234752-a3b7c6aba062628caf6c8d99c057adec (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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R -- Hazardous Waste Removal and Emergency Services at the New England Region Laboratory