70z08418QA1151200WasteWaterSOL.pdf

COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and FAR Subpart 13.5 procedures, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This acquisition is for the selected Contractor to provide collection, transportation, personnel, management, supervision, materials, to provide disposal of Untreated Waste Water Services at Communication Command (COMMCOM)/ Remote Communication Facility (RCF) Point Reyes Station, Point Reyes, CA

(A) The solicitation number is 70Z08418QA1151200 and is issued as a Request for Quotation

(RFQ).

(B) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97. Service Contract Labor Standards Wage Determination Number 2015-5725, Revision 5, dated 01/10/2018 is applicable and is attached.

(C) This solicitation is issued as a 100% Set-Aside for Small Business. The associated NAICS code is 562119 the small business size standard is $38.5 million.

(D) List CLINS, item descriptions, quantities and units of measure:

Please see the attached for the Schedule of Services and Unit Prices form.

(E) Description/Statement of Work/Specification:

Please see the attached for the Performance Work Statement (PWS).

(F) Date(s) and place(s) of delivery and acceptance:

This service is for a base year of 01 October 2018 through 30 September 2019 and contains four one-year options that can take this service through 30 September 2023, if exercised by the Contracting Officer. The place of performance for this service is USCG Point Reyes Station, Bldg. 100, Commodore Webster Drive, Point Reyes Station, CA.

(G) FAR Provision 52.212-1, Instructions to Offerors—Commercial, is incorporated by reference and applies to this acquisition. Please see the attached RFQ terms and conditions for the submission requirements.

(H) Evaluation:

For the evaluation criteria, please see the attached RFQ terms and conditions.

(I) Offerors are required to include a completed copy of FAR Provision 52.212-3, Offeror Representations and Certifications—Commercial Items, with its Alternate I, with their offer.

Offerors may complete this online at SAM: www.sam.gov . An offeror must state in their offer if they completed FAR 52.212-3 with Alternate I online and that is it up-to-date and valid.

(J) FAR Clause 52.212-4, Contract Terms and Conditions—Commercial Items (JAN 2017) applies to this acquisition. Please see the attached RFQ terms and conditions for its Addendum.

(K) FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (NOV 2017) is incorporated by reference and applies to this acquisition. Please see the attached RFQ terms and conditions that are applicable to the acquisition.

(L) A statement regarding any additional contract requirement(s) or terms and conditions (such as contract financing arrangements or warranty requirements) determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices:

N/A.

(M) The Defense Priorities and Allocations System (DPAS) and assigned ratings are not applicable to this solicitation.

(N) Date, time and place offers are due.

Offers are due by 24 April 2018, 2:00 PM Pacific Time.

Submit offers to the following mailing address or e-mail address, by the offer due date and time:

U.S. Department of Homeland Security United States Coast Guard, SILC Detachment Alameda Coast Guard Island, Bldg. 54C, Code COB2W Alameda, CA 94501-5100 Attn: Marcella V. Brown

Via e-mail to (Marcella.V.Brown@uscg.mil)

(O) Any and all questions regarding this solicitation shall be submitted in writing to the Contract Specialist at Marcella.V.Brown@uscg.mil no later than 11 April 2018, 2:00PM Pacific Time.

Site Tour will be held on 04 April 2018, 10:00 AM Pacific Time for this project at the POINT REYES STATION LOCATION. Any interested parties who would like to visit the site shall contact LT Wesley Agee, (510) 437-2953, Wesley.M.Agee@uscg.mil to arrange access.

Unannounced visitors will not be allowed on site.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e).

Formal protests filed under the OPAP program shall be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is (202) 372-3695.

REQUEST FOR QUOTATION

70Z08418QA1151200 – Collection, Transportation and Disposal of Untreated Waste Water at Communication Command (COMMCOM)/ Remote Communicaton Facility (RCF) Point Reyes Station, CA

Terms and Conditions

Part (a): Standard Form (SF) 1449 (N/A)

Part (b): Continuation of any block from the SF 1449 (N/A)

Part (c): Contract Clauses

FAR Clause 52.217-8 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 calendar days.

FAR Clause 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 calendar days of the expiration of the contract; 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 5 years.

FAR Clause 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): http://farsite.hill.af.mil/vffara.htm Homeland Security Acquisition Regulation (HSAR): http://farsite.hill.af.mil/vfhsara.htm

FAR 52.202-1 Definitions Nov-2013 FAR 52.203-3 Gratuities Apr-1984

FAR 52.203-11

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Sep-2007 of Untreated Waste Water at Communication Command (COMMCOM)/ Remote

FAR 52.203-12

Limitation on Payments to Influence Certain Federal Transactions Oct-2010

FAR 52.204-4

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May-2011

FAR 52.204-9

Personal Identity Verification of Contractor Personnel Jan-2011

FAR 52.204-18

Commercial and Government Entity Code Maintenance Jul-2016

FAR 52.209-10

Prohibition on Contracting With Inverted Domestic Corporations Nov-2015

FAR 52.212-4

Contract Terms and Conditions -- Commercial Items Jan-2017

FAR 52.223-2

Affirmative Procurement of Biobased Products Under Service And Construction Contracts. Sep-2013

FAR 52.223-3

Hazardous Material Identification and Material Safety Data Alternate I (Jul 1995) Jan-1997

FAR 52.223-5

Pollution Prevention and Right-to-Know Information May-2011

FAR 52.223-10 Waste Reduction Program May-2011

FAR 52.223-17

Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts May-2008

FAR 52.228-5 Insurance-Work on a Government Installation Jan-1997 FAR 52.232-18 Availability of Funds Apr-1984 FAR 52.232-19 Availability of Funds for the Next Fiscal Year Apr-1984

FAR 52.232-40

Providing Accelerated Payments to Small Business Subcontractors Dec-2013

FAR 52.237-2

Protection of Government Buildings, Equipment and Vegetation Apr-1984

FAR 52.237-3 Continuity of Services Jan-1991 FAR 52.242-13 Bankruptcy Jul-1995 FAR 52.242-15 Stop Work Order Aug-1989 FAR 52.248-1 Value Engineering Oct-2010 HSAR 3052.211-70 Index for Specifications Dec-2003

HSAR 3052.222-70

Strikes or Picketing Affecting Timely Completion of the Contract Work Dec-2003

HSAR 3052.222-90 Local Hire Jun-2006

HSAR 3052.223-70

Removal or Disposal of Hazardous Substances –Applicable Licenses and Permits (30 days) Jun-2006

HSAR 3052.223-90 Accident and Fire Reporting Dec-2003 of Untreated Waste Water at Communication Command (COMMCOM)/ Remote

FAR 52.252-6 - Authorized Deviations in Clauses. (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Homeland Security Acquisition Regulation (HSAR) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

HSAR Clause 3052.212.70 Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items (Sep 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

[The Contracting Officer should either check the provisions and clauses that apply or delete the provisions and clauses that do not apply from the list. The Contracting Officer may add the date of the provision or clause if desired for clarity.]

(a) Provisions.

None.

(b) Clauses.

_X__ 3052.204-71 Contractor Employee Access.

_X__ 3052.205-70 Advertisement, Publicizing Awards, and Releases.

_X__ 3052.228-70 Insurance.

_X__ 3052.242-72 Contracting Officer’s Representative.

DHS Class HSAM Deviation, Limitation of Government’s Obligation

The following clause provides for incremental funding and is a deviation to HSAM 3032.702(e).

It is applicable during the event of a continuing resolution to fund government operations enacted by Congress until the regular appropriation is enacted. It would be applicable in this event during the base or any subsequent option years. In addition, written notice will provided in specific contract modifications.

(a) Contract line item(s) listed below are incrementally funded or fully funded as shown in the below table. For these item(s), the sum of $ * of the total price is presently available for payment and allotted to this contract. This funding table will be updated in each contract action that provides additional funds, if any. (Amounts below will be added by each incremental funding of Untreated Waste Water at Communication Command (COMMCOM)/ Remote modification when issued)

CLIN CLIN Price Currently Allotted Funding

Funds Required for Complete Funding

(b) For item(s) identified in paragraph (a) as not fully funded, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement of authorized termination costs in the event of termination of those item(s) for the Government’s convenience, does not exceed the total amount currently allotted to the items not fully funded under the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The total amount payable by the Government in the event of such termination of those contract line item(s) identified in paragraph (a) above includes costs, profit, and estimated/negotiated termination settlement costs for those item(s). The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the line items of the contract regardless of anything to the contrary in any other clause, such as the clause entitled “Termination for Convenience of the Government” or paragraph (l) entitled “Termination for the Government’s Convenience” of the clause at FAR 52.212-4, “Commercial Terms and Conditions-Commercial Items.”

(c) Notwithstanding paragraph (i) of this requirement, the Contractor will notify the Contracting Officer in writing at least __thirty__ days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this contract. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract authorizing termination for the convenience of the government, such as the clause entitled “Termination for Convenience of the Government” or paragraph (l) entitled “Termination for the Government’s Convenience” of the clause at FAR 52.212-4, “Commercial Terms and Conditions-Commercial Items.”

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a), the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

of Untreated Waste Water at Communication Command (COMMCOM)/ Remote

(e) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a).

(f) The termination provisions of paragraphs (a) through (i) do not limit the rights of the Government under the clause entitled “Default” or “Termination for Cause.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a). This clause no longer applies once the contract is fully funded.

(g) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government” or paragraph (l) entitled “Termination for the Government’s Convenience” of the clause at FAR 52.212-4, “Commercial Terms and Conditions-Commercial Items.”

(h) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(i) The parties contemplate that the Government will allot funds to this contract from time to time as the need arises and as funds become available. There is no fixed schedule for providing additional funds.

Contractor’s Releases.

The Government will require the Contractor to complete Contractor’s Releases (DHS Form 700- 3 or an equivalent form) at the completion of the contract.

Licenses and Permits.

The Contractor shall be responsible for obtaining any necessary licenses and permits, giving all notice and complying with any applicable federal, state, local, and municipal laws, codes, ordinances, and regulations in connection with the business carried on under this contract.

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Nov 2017)

(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) of Untreated Waste Water at Communication Command (COMMCOM)/ Remote

(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, 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:

_X__ (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).

_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).

_X__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C). If >$500K, this is applicable.

_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).

_X__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.

644).

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

__X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

_X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

__X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

__X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

of Untreated Waste Water at Communication Command (COMMCOM)/ Remote

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (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 (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

_X__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

_X__ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__X_ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(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:

_X__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

_X__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_X_ (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).

This Statement is for information only, it is not a wage determination

Employee Class Monetary Wage Fringe Benefits 31362 Truckdriver Medium Truck

$20.64 $4.13

11300 Refuse Truckdriver $25.83 $4.13 of Untreated Waste Water at Communication Command (COMMCOM)/ Remote

_X__ (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).

__X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(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 of Untreated Waste Water at Communication Command (COMMCOM)/ Remote

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 (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 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 (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 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.)

of Untreated Waste Water at Communication Command (COMMCOM)/ Remote

(xiv) 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)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 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).

(xxii) 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.

(xxiii) 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.

(End of Clause) of Untreated Waste Water at Communication Command (COMMCOM)/ Remote

Part (d): Any solicitation documents, exhibits, or attachments.

Attachment 1 – Schedule of Services and Unit Prices Attachment 2 - Performance Work Statement (PWS) with Performance Requirements Summary (PRS); Quality Assurance Surveillance Plan (QASP) and Technical Exhibits 1 through 3 Attachment 3 - Wage Determination 2015-5725, R 5 dtd 1/10/2018 Attachment 4 - Past Performance Questionnaire (PPQ)

Part (e): Solicitation Provisions

FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference. (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): http://farsite.hill.af.mil/vffara.htm Homeland Security Acquisition Regulation (HSAR): http://farsite.hill.af.mil/vfhsara.htm

Source Clause # Title Date

FAR 52.203-11

Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Sep-2007

FAR 52.204-16

Commercial and Government Entity Code Reporting Jul-2016

FAR 52.204-22 Alternative Line Item Proposal Jan-2017

FAR 52.209-2

Prohibition on Contracting with Inverted Domestic Corporations--Representation Nov-2015

FAR 52.212-1 Instructions to Offerors -- Commercial Items Jan-2017 FAR 52.217-5 Evaluation of Options Jul-1990 FAR 52.237-1 Site Visit Apr-1984

52.209-5 Certification Regarding Responsibility Matters (Oct 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that –

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal of Untreated Waste Water at Communication Command (COMMCOM)/ Remote offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [_] are not [_] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159.

The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

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(ii) The Offeror has [_] has not [_], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer; director; owner;

partner; or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph

(a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

FAR Clause 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 of Untreated Waste Water at Communication Command (COMMCOM)/ Remote months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

FAR Clause 52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a firm-fixed-price type contract resulting from this solicitation.

FAR Clause 52.233-2 Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Michael Hassett at SILC Bldg 54C, Coast Guard Island, Alameda, CA, 94510.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (JAN 2017)

(ADDENDUM)

Quotations must be prepared in accordance with the instructions in this section, providing all required documents and information in the format specified. Failure of a quotation to show compliance with these instructions may be grounds for exclusion of the quotation from further consideration. The quotation shall clearly and concisely describe the offeror's response to the requirements of the solicitation. Offerors shall acknowledge receipt of any/all Amendments to this solicitation by the date and time specified in the amendment(s).

1. First Page (cover page) prepared on the company’s letterhead stationery and includes the following information:

The solicitation number;

The name, address, DUNS number, telephone number, facsimile number, and email address of the offeror;

A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish any or all of Untreated Waste Water at Communication Command (COMMCOM)/ Remote items upon which prices are offered at the price set opposite each item; and Names, titles, telephone numbers, facsimile numbers, and email addresses of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation.

2. Pages shall be no larger than 8 ½” X 11”. Quotations shall be submitted on double-sided, 30% post-consumer fiber paper whenever practicable. The text size shall be no less than 12 point Times New Roman font, and the page margins shall be at least one inch on the top and bottom and ¾” on the sides for all pages.

3. If submitted electronically, the offeror shall provide an electronic copy via email to the contract specialist in either Microsoft Word format or in Adobe PDF format.

4. The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

SUBMISSIONS

The submission of the quotation will be accepted as either one hardcopy mailed to the address below OR one copy sent via electronic submission; submission using both methods is not required. The information for both is as follows:

Written Submission:

Contracting Officer US Coast Guard, SILC Detachment Alameda Contract Operations Branch (COB) 2W Coast Guard Island, Bldg 54-C Alameda, CA 94501-5100

Electronic Submission: Please send a copy of your complete quotation to the contract specialist at: marcella.v.brown@uscg.mil. No files bigger than 5MB will be accepted.

QUOTATION REQUIREMENTS

1) A filled out and complete Schedule of Services and Unit Prices form (Attachment 1). The unit prices offered shall be all-inclusive taking into consideration any cost of living increases, inflation, etc. for each additional year beyond the base year except for wage adjustments in accordance with FAR 52.222.43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014).

2) Acknowledgement of any and all amendments to the solicitation by following the instructions for acknowledgement on the SF-30.

3) Technical Capability:

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The Offeror shall demonstrate past experience with Collection and Disposal of Untreated Waste Water, specifically identifying Collection and Disposal of Untreated Waste Water Services on projects performed within the last three (3) years similar to the requirements of the PWS. The Offeror must provide the following information for each project:

(1) A detailed explanation of the scope of the effort;

(2) The dollar value;

(3) Period of performance; and

(4) Project location.

4) Licenses and Permits – The Offeror shall provide verification of all pertinent licenses and permits, giving all notice and complying with any applicable federal, state, and municipal laws, codes ordinances, and regulations in connection with the business carried under this contract.

Licenses include but not limited to:

(1) Commerical State Licenses

(2) Business License

(3) Certifications required for the transporting of waste water

5) Past performance questionnaires (PPQs)/References (Attachment 4):

No more than three (3) PPQs are requested to be submitted that are most similar to the work of this RFQ that you have performed in the past three (3) years. The attached PPQ should be completed and submitted directly, from your reference, to the contracting office via email to marcella.v.brown@uscg.mil. PPQs are requested to be submitted by the closing date of the RFQ.

PPQs provided directly by the offeror will not be considered. Note: If the evaluation information for a project was input into the Contractor Performance Assessment Reporting System CPARS and is available in PPIRS, then a questionnaire need not be sent and the project should be identified as “available in PPIRS” with the project and contact information requested by this paragraph. The Government reserves the right to limit or expand the number of references it decides to contact and to contact or use sources other than those identified by the offeror.

Please also provide us with a list of who you will be requesting PPQ submittals from.

Additionally, per FAR Part 15.305(2)(ii) offerors may provide information on problems encountered on the identified contracts and the offeror corrective actions.

5) Complete only paragraphs (b) of provision FAR 52.212-3 - Offeror Representations and Certifications -- Commercial Items (NOV 2017) with Alternate I if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM). If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision with Alternate I.

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6) Complete fill-in certification for FAR 52.209-5 – Certification Regarding Responsibility Matters (OCT 2015). If completed on your SAM.gov profile under Reps and Certs, please state as such on your quotation.

7) Complete fill-in certification for FAR 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (FEB 2016). If completed on your SAM.gov profile under Reps and Certs, please state as such on your quotation.

EVALUATION

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government price and other factors considered; award will be made to the lowest price, technically acceptable (LPTA) offeror. The evaluation and award procedures in FAR 13.106 apply. The factors that will be evaluated are technical capability, past performance, and price.

1) Technical Capability =

a) The offeror must demonstrate similar experience as required by the PWS in performing Collection and Disposal of Untreated Waste Water Services. Vendor should demonstrate they have a minimum of three (3) years corporate, not individual, experience with performing Collection and Disposal of Untreated Waste Water Services. An offeror will be rated as a Pass, if it demonstrates their company meets these requirements. The offeror will be evaluated as No Pass if they did not demonstrate these criteria.

b) The offeror must provide pertinent licenses and permits as required by the PWS for compliance with federal, sate and municipal laws/ordiances performing Collection and Disposal of Untreated Waste Water. An offeror will be rated as a Pass, if it demonstrates their company meets the requirement. The offeror will be evaluated as No Pass if they do not demonstrate these criteria.

2) Past Performance = For an offer to be eligible for award, it must have either a Satisfactory or neutral past performance. Offers with negative past performance information from any source may not be considered for award. Lack of relevant and recent past performance information and any PPQs not received from references submitted by the Offeror shall be rated as a “Neutral.”

When performance is evaluated, the outcome is either Satisfactory or Unsatisfactory.

Unsatisfactory performance will disqualify an Offeror from award. Satisfactory or neutrally rated past performance will be rated as Pass.

The Government may utilize any references provided by the Contractor, along with information available from past contracts/orders with the USCG and any information found using sources such as Federal Government sources, Past Performance Information Retrieval System (PPIRS)/Contractor Performance Assessment Reporting System (CPARS) to determine if the Contractor has acceptable or neutral Past Performance. The Government reserves the right to of Untreated Waste Water at Communication Command (COMMCOM)/ Remote limit or expand the number of references it decides to contact and to contact references other than those provided by the offeror.

3) Price = Price will be evaluated by adding the total price of all CLINs for the Base Year and totals for all the option periods. The Government will evaluate the offer for price reasonableness.

Evaluation of options does not obligate the Government to exercise them. Any quantity price discounts and discounts for prompt payment should be included in this section.

For purposes of evaluation, the potential need to exercise the option under FAR 52.217-8 to extend a period of performance for a maximum period of six (6) months beyond any period of performance will be considered the same for all Offerors.