DLA Disposition Services Hazardous Waste Removal Spain

Amendment 00003 The purpose of Amendment 00003 is to extend the closing date of this solicitation by 10 calendar days. All offers will be due by December 14 2024 at 1500 pm EDT. There are no other changes to this solicitation at this time. ********************************* Amendment 00002 The purpose of Amendment 0002 is to answer 14 questions received by an interested vendor and upload answers as attached document: Attachment 16 - Sol Questions and Answers. The purpose of Amendment 0002 is to extend the closing date of this solicitation by 7 calendar days. All offers will be due by December 4 2024 at 1500 pm EDT. There are no other changes to this solicitation at this time. ************************************************** Amendment 00001 The purpose of Amendment 0001 is to answer 2 questions received by an interested vendor and upload answers as attached document: Attachment 16 - Sol Questions and Answers. There are no other changes to this solicitation at this time. *************************************************** Combined Synopsis/Solicitation SP450024R0022 has been prepared in accordance with the procedures in FAR 12.603. Work will consist of the removal, transportation, and disposal of government generated hazardous and non-hazardous wastes located on military installations in and around Spain. The following additional information is provided in accordance with FAR 12.603(c)(2). (i) 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. (ii) Solicitation SP450024R0022 is issued as a request for proposal (RFP). (iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2024-07 Effective September 30, 2024. (iv) This acquisition is being issued as a full and open competition on an unrestricted basis; the associated NAICS code is 562211. (v) See Attachment 1 for a Description of the Requirement and PWS. (vi) See Attachment 2 for the Price Schedule. (vii) The contract is anticipated to have a 30-month base period from and a 30-month option period. (viii) The provision at FAR 52.212-1, Instructions to Offerors ?? Commercial, applies to this acquisition. See Addenda to 52.212?1 Instructions to Offeror_Spain, and Attachment- 15 for the Past Performance Questionnaire. (ix) The provision at 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. See Addenda to 52.212?2 Evaluation_Spain. (x) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. (xi) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition. (xii) The Defense Priorities and Allocations System (DPAS) is not applicable. (xiii) Proposals are due by 1500 EST on November 27th, 2024. Proposals shall be emailed to jose.acevedo@dla.mil and HazardousContractsEast2@dla.mi. See provision at FAR 52.212-1, Instructions to Offerors. (xiv) Offerors must submit all questions regarding this solicitation in writing via email to Jose Acevedo at jose.acevedo@dla.mil with Subject line of - SP450024R0022: Questions. The cut-off date for the receipt of offeror questions is 12:00 Eastern Standard Time (EST) November 15, 2024. Questions received after that time may not receive an answer. ADDITIONAL CONTRACT TERMS AND CONDITIONS This solicitation incorporates one or more clauses/provisions by reference, with the same force and effect as if they were given in full text. The full text may be accessed electronically at https://www.ecfr.gov/. Upon request, the Contracting Officer will make their full text available. Incorporated clauses/provisions are those in effect through Federal Acquisition Circular 2024-07 Effective September 30 2024. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES The following FAR clauses incorporated by reference apply to this acquisition: 52.203-3 Gratuities 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-13 System for Award Management Maintenance 52.204-18 Commercial and Government Entity Code Maintenance 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.212-5 Contract Terms & Conditions Required to Implement Statutes or Executive Orders - Commercial The following clauses cited under 52.212-5(a) are applicable to this acquisition: 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.233-3, Protest After Award 52.233-4, Applicable Law for Breach of Contract Claim The following clauses cited under 52.212-5(b) are applicable to this acquisition: 52.203-6, Restrictions on Subcontractor Sales to the Government, Alternate I 52.203-13, Contractor Code of Business Ethics and Conduct 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-27, Prohibition on a ByteDance Covered Application 52.204-30, Federal Acquisition Supply Chain Security Act Orders'Prohibition 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters 52.222-50, Combating Trafficking in Persons 52.225-13, Restrictions on Certain Foreign Purchases 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.229-12, Tax on Certain Foreign Procurements 52.232-33, Payment by Electronic Funds Transfer - System for Award Management 52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost - Modifications, Alternate IV 52.225-14 Inconsistency Between English Version and Translation of Contract 52.228-3 Workers Compensation Insurance (Defense Base Act) 52.242-15 Stop-Work Order The following FAR clauses incorporated in full text apply to this acquisition: 52.516-18 Ordering (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from award/effective date through contract expiration. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) A delivery order or task order is considered - issued when (1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail; (2) If sent by fax, the Government transmits the order to the Contractor's fax number; or (3) If sent electronically, the Government either (i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or (ii) Distributes the delivery order or task order via email to the Contractor's email address. (d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract. 52.216-19 Order Limitations (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor (1) Any order for a single item in excess of $200,000.00; (2) Any order for a combination of items in excess of $500,000.00; or (3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. 52.216-22 Indefinite Quantity (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 after the 360th day after contract ends. 52.217-8 Option to Extend Services 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 60 days prior to contract expiration. 52.217-9 Option to Extend the Term of the Contract (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (DFARS) CLAUSES The following DFARS clauses incorporated by reference apply to this acquisition: 252.201-7000 Contracting Officer's Representative 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7003 Agency Office of the Inspector General 252.204-7004 Antiterrorism Awareness Training for Contractors 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information 252.204?7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013, Revision 1) 252.204?7015 Notice of Authorized Disclosure of Information for Litigation Support 252.204?7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.204?7020 NIST SP 800?171 DoD Assessment Requirements 252.205?7000 Provision of Information to Cooperative Agreement Holders 252.211-7003 Item Unique Identification and Valuation 252.225?7012 Preference for Certain Domestic Commodities 252.225-7041 Correspondence in English 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States 252.225?7056 Prohibition Regarding Business Operations with the Maduro Regime 252.225?7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region 252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015) 252.226?7001 Utilization of Indian Organizations, Indian?Owned Economic Enterprises, And Native Hawaiian Small Business Concerns 252.232-7010 Levies on Contract Payments 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.243-7002 Requests for Equitable Adjustments 252.244-7000 Subcontracts for Commercial Items 252.247-7000 Transportation of Supplies by Sea DEFENSE LOGISTICS ACQUISITION DIRECTIVE (DLAD) CLAUSES The following DLAD clauses incorporated by reference apply to this acquisition: H14 Contractor Personnel Security Requirements H16 Operations Security (OPSEC) For On-Site Contractors FEDERAL ACQUISITION REGULATION (FAR) PROVISIONS The following FAR provisions incorporated by reference apply to this acquisition: 52.204-7 System for Award Management 52.204-16 Commercial and Government Entity Code Reporting 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.209-7 Information Regarding Responsibility Matters 52.229-11 Tax on Certain Foreign Procurements - Notice and Representation DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT (DFARS) PROVISIONS The following DFARS provisions incorporated by reference apply to this acquisition: 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 252.204-7016 Covered Defense Telecommunications Equipment or Services - Representation 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services - Representation 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements 252.204-7024 Notice on the Use of the Supplier Performance Risk System 252.215-7008 Only One Offer 252.215-7010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data 252.225-7031 Secondary Arab Boycott of Israel 252.225-7055 Representation Regarding Business Operations with the Maduro Regime 252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation 252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020-O0015) 252.247-7022 Representation of Extent of Transportation by Sea DEFENSE LOGISTICS ACQUISITION DIRECTIVE (DLAD) PROVISIONS The following DLAD provisions incorporated by reference apply to this acquisition: 52.233-9001 Disputes - Agreement to Use Alternative Dispute Resolution L06 Agency Protests ADDENDA TO 52.212-1 INSTRUCTIONS TO OFFERORS DLA DISPOSITION SERVICES ELECTRONIC PROPOSAL GUIDANCE You must submit your offer/quote via email. Offers or quotes submitted in paper form are unacceptable and will be returned. You must submit your electronic proposal and any supplemental information (such as spreadsheets, backup data, and technical information), using any of the following acceptable electronic formats: files readable using these Microsoft Office Products: WORD, EXCEL, POWERPOINT, or ACCESS; spreadsheets must be sent in a file format that includes all formulas, macro and format information (scanned document that cannot show the calculations is not acceptable); files in Adobe PDF (Portable Document Format); files in HTML (Hypertext Markup Language), HTML documents must not contain active links to live Internet sites or pages, all linked information must be contained within your electronic offer and be accessible offline. Other electronic formats - before preparing your offer/quote in any other electronic format, you must send an e-mail to the Primary Point of Contact (POC) listed for this Contract Opportunity to obtain a decision as to the format's acceptability. This e-mail must be received by the POC no later than seven calendar days before the closing date. Failure to e-mail the POC within this timeframe to seek an alternate format's acceptability may result in rejection of your submission. All alternate methods must be at no cost to the Government. Questions must be emailed directly to the Primary Point of Contact listed for this Contract Opportunity. The subject line of the e-mail(s) containing your proposal must read - OFFER [solicitation number], COMPANY NAME, CLOSES [November 27, 2024]. Maximum size of each e-mail message shall be five megabytes. You may use multiple e-mail messages for each submission; however, you must annotate the subject lines as described above for each message, and number them in this manner: - Message 1 of 3, 2 of 3, and 3 of 3. DLA DISPOSITION SERVICES cannot guarantee the security of the offer; offers are submitted at the Contractor's risk. Late rules are outlined in FAR 52.212-1(f). Pay particular attention to the provisions that relate to the timing of e-mail submissions. Security Note: If you choose to password-protect your offer, you must provide the password to DLA DISPOSITION SERVICES before the closing date. Contact the Primary Point of Contact listed for this Contract Opportunity to arrange a means of providing it. See FAR 15.207(c) for a description of the steps the Government will take with regard to unreadable offers. Offerors shall make every effort to ensure that their submission is virus-free, due to information technology security software currently in use which may block transmission of messages/proposals if the email or attachment(s) contain anything that is suspected of containing viruses or malicious content. Offerors are cautioned to contact the Contracting Officer to verify receipt of their proposal well before the time due for bids, in order to allow time for alternate means of transmission, if needed. Offerors remain responsible for ensuring proposals are received by the Contracting Officer before the specified time, and extensions will not be granted in the event a particular offeror's proposal is found to have been blocked. Submissions (or portions thereof) submitted which DO reflect the presence of a virus, or which are otherwise rendered unreadable by damage in either physical or electronic transit, will be treated as - unreadable. PROPOSAL SUBMISSION FORMAT AND CONTENT - HAZARDOUS WASTE DISPOSAL SOLICITATIONS The following describes the information which must be furnished as part of the proposal and the format in which it must be presented. Proposals which do not provide the required information in the prescribed format may be excluded from further consideration. (a) The subject line of the email(s) submitted must read, - OFFER SP450024R0022, COMPANY NAME, DUE [November 27th, 2024]. The maximum size of each email, including all attachments, shall not exceed 5MB. You may use multiple email messages; however, you must annotate the subject lines in this manner: - Message 1 of 3, 2 of 3, and 3 of 3. (b) FORMAT: Proposals shall be submitted in distinctly severable parts consisting of the following volumes: Volume I thru Volume II. Electronic proposal submissions shall consist of one copy, with separately titled files for each volume, as follows: VOLUME I: Proposal Certifications and Price Schedule VOLUME II: Past Performance Information (c) MINIMUM CONTENT: VOLUME I - Proposal Certifications and Price Schedule shall contain, but not be limited to: The name, CAGE, address, and telephone number of the offeror with a statement specifying the extent of agreement with all terms, conditions, and provisions included in solicitation SP450024R0022 (in accordance with Submission requirements of 52.212-1(b); The required contact information for Contractor Representative (e.g., name, title, telephone number, email address, etc.); If applicable, acknowledgment of any amendments. The completed schedule of prices for each period of performance, Attachment 2; The completed DLA Disposition Services - Contractor Representative, PWS Section 0.0; The completed provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services (if any changes applicable to this solicitation exist for the offeror's www.sam.gov registration); The completed provision 52.209-7, Information Regarding Responsibility Matters; The completed provision 52.229-11, Tax on Certain Foreign Procurements-Notice and Representation. VOLUME II - Past Performance Information shall contain the following: Identify references that may be returning the PPI Questionnaire on your behalf. BASIC AND OPTION PERIOD UNIT PRICING (a) Offerors are cautioned against offering more than one price, a range of prices, or a split bid with respect to any contract line item and are advised that, for purposes of this procurement, DLA Disposition Services will consider any such method of pricing to be a material deviation from the bid schedule and/or a nonconforming proposal that will be excluded from further consideration. Offerors must list only one price for any individual CLIN in any single contract period. NOTE: Zero ($0.00) unit pricing will NOT be accepted. (b) Unit prices which exceed two (2) digits right of the decimal will be subject to standard rounding conversion as described below. (c) Standard Rounding Conversion - Rounding up means to increase the terminating digit by a value of 1 and drop off the digits to the right. If the next place beyond the terminating decimal is greater than or equal to five (5), the number will be rounded up. For example, 5.438 will be rounded up to 5.44. If the number to the right of the terminating decimal place is four or less (4, 3, 2, 1, 0), the number will be rounded down. This is done by leaving the last decimal place as it is given and discarding all digits to its right. For example, 6.734 will be rounded down to 6.73. PAST PERFORMANCE INFORMATION (PPI) PROPOSAL INSTRUCTIONS (1) The offeror shall provide PPI for up to 3 contracts where they were the prime or a subcontractor performing the same or similar services within the last 2 years. Within the three-contract limit, the contractor can also provide principal subcontractor past performance. (2) For each contract, provide: a valid name and telephone number, contract number, contract type, dollar value, contract award date and completion date, description of work performed, and name and e-mail address of a point of contact. If submitting a contract performed as a subcontractor, include information on the extent of the work performed in relation to the contract as a whole. The description of work performed for each contract shall be in sufficient detail to explain how it is the same or similar to the requirements of the instant solicitation in areas such as number of pickup locations, complexity, scope, and magnitude of the services to determine the relevancy of the referenced work. Additionally, if performance deficiencies occurred, the offeror shall identify what the deficiencies were and detail what corrective action they took, if any. Offerors may meet these requirements by including a completed page 2 of the questionnaire within Volume II of their offer. (3) If an offeror elects to provide principal subcontractor past performance, the offeror shall provide the principal subcontractor's consent allowing the Government to disclose negative past performance information to the offeror. (4) The Government will evaluate up to three contracts submitted by the offeror. If an offeror identifies more than three contracts in its past performance proposal, the Government will evaluate the first three contracts in the order listed in the offeror's past performance proposal. Current or past contracts with Defense Logistics Agency (DLA) Disposition Services will not be used for evaluation unless they are identified in the past performance proposal (See II (2) of - Addenda to FAR 52.212?2 Evaluation, Evaluation of Past Performance, for exception of using PPI for contracts not identified). (5) Attachment 15 contains a PPI questionnaire that is used to evaluate an offeror's past performance. The offeror shall provide the PPI questionnaire in Attachment 16 to the past performance reference for contracts it identifies in its proposal. The past performance reference must independently submit the completed PPI questionnaire to the point of contact listed in the solicitation for submittal of offers prior to the closing date of the solicitation. A completed PPI questionnaire for a reference is not required for any DLA Disposition Services Hazardous Waste Disposal contract that is included in an offeror's past performance proposal. The Government will not consider in an offeror's evaluation any completed PPI questionnaire received after the date offers are due or directly from the offeror for that reference in the past performance evaluation unless the Government has other past performance data readily available (See II (2) of - Addenda to FAR 52.212?2 Evaluation, Evaluation of Past Performance) to evaluate the reference. Offerors are responsible for ensuring their references submit PPI questionnaires directly to the point of contact listed in the solicitation for submittal of offers; the Government will not be contacting references to obtain a questionnaire/survey on behalf of the offeror. (6) The submission of a past performance Volume II is required from all offerors. If offerors do not have any past performance, they must at least identify a Volume II in their proposal and state they do not have any past performance to provide. Otherwise, they may be considered non-responsive and excluded from the competition. If the Government only receives a completed PPI questionnaire from a past performance reference and there is no information in an offeror's proposal regarding that reference, the reference will not be evaluated or considered as a reference for the offeror's past performance proposal. PERIOD FOR ACCEPTANCE OF OFFERS 52.212-1(c) is revised as follows: The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of initial offers. ADDENDA TO 52.212-2 EVALUATION SOURCE SELECTION METHOD -- BEST VALUE (a) Trade-off Process Past Performance and Price: Award shall be made to the responsible offeror whose proposal conforms to the solicitation and is determined to be the most advantageous to the Government, past performance and price considered. The offer selected as best value will represent the best trade-off to the Government among past performance and price. Past Performance will be significantly more important than price. The Government will determine best value on the basis of an assessment of the following factors: Past Performance factor - The Government will evaluate past performance in accordance with the Past Performance Proposal and Evaluation clause in this solicitation. Price Factor - The Government will evaluate the offered prices for price reasonableness in accordance with the requirements of FAR Part 13.106. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The total evaluated price will be for the base period and any option periods, plus an additional (20%) of the value of the last priced performance period in the bid schedule. This additional sum is for evaluation purposes only to address the possible use of FAR 52.217-8, Option to Extend Services, for a period not to exceed 6 months. Please note that if the FAR 52.217-8 option is exercised, the applicable unit prices for the option will be the same as the immediately preceding period of performance. Therefore, if the option under FAR 52.217-8 is exercised prior to the end of the base period, the unit prices from the base period will be used during the extension period. If the option under FAR 52.217-8 is exercised prior to the end of any option period, the unit prices from the applicable option period will be used during the extension period. PAST PERFORMANCE EVALUATION Evaluation of Past Performance (1) Except under the circumstances noted in the solicitation paragraph titled Efficiency in Competition, the Government will conduct a Performance Confidence Assessment for each offeror based upon submitted current, relevant PPI as it relates to the expectation of the offeror being able to successfully perform the requirement. There are two aspects to this evaluation: (1) The determination of relevance to this solicitation in scope, magnitude and complexity and (2) How well the offeror performed on its contracts. Past performance will be rated on an adjectival scale. Thus, an offeror with a higher confidence assessment rating for past performance will have a higher expectation of meeting the solicitation requirements than a firm with a lower confidence assessment rating. The Government's subjective evaluation of the overall quality of an offeror's submitted PPI will be a factor in determining the relative merits of that offeror's proposal and in selecting for award an offeror whose proposal is considered the best value to the Government. (2) In addition to using independently submitted and timely questionnaires received in evaluating past performance, the Government may consider information in the offeror's proposal using readily available information obtained from other sources, including but not limited to the Contractor Performance Reporting System (CPARS), DLA Disposition Services personnel administering DLA Disposition Services contracts, past and present customers and their employees, other government agencies, including state and local agencies, consumer protection organizations and better business bureaus, former subcontractors, and others who may have relevant information. The Government may also consider negative information for contracts that are not included in the offeror's past performance proposal if it is determined that the offeror did not identify that contract due to performance problems and/or the contract was for hazardous waste disposal services with the same or similar requirements as the solicitation within the last 2 years. (3) Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. This is a matter of judgement. Offerors will be given an opportunity to address especially unfavorable reports of past performance, and an offeror's response, or lack thereof, will be taken into consideration. (4) In the case of an offeror without an identifiable record of past performance or for whom information on past performance is unavailable and/or a corresponding PPI questionnaire was not independently received by the Government before the date offers are d...