70Z08419QAA852100_-_Terms_and_Conditions.pdf

REQUEST FOR QUOTATION 70Z08419QAA852100

Refuse & Recycling Collection & Disposal Services at USCG ATC Mobile, Alabama

Part (a): Standard Form (SF) 1449 or SF-18 (N/A)

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

Part (c): Contract Clauses

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.

(End of clause)

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

FAR 52.203-12

Limitation on Payments to Influence Certain

Federal Transactions Nov-2013

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 Nov-2015 http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfhsara.htm

Domestic Corporations

FAR 52.212-4

Contract Terms and Conditions –

Commercial Items Oct 2018

FAR 52.223-2

Affirmative Procurement of Bio based

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 Aug-2018

FAR 52.228-5

Insurance-Work on a Government

Installation Jan-1997

FAR 52.232-18 Availability of Funds 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

FAR Clause 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:

(a) Provisions.

None.

(b) Clauses.

XX 3052.204-71 Contractor Employee Access.

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

XX 3052.242-72 Contracting Officer’s Technical Representative.

HSAR 3052.204-71 -- Contractor Employee Access. (Sep 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an

Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical

Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security

Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII

Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security

(including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal

Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and

Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the

Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All

Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, and insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the

Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

DHS Class HSAM Deviation, Limitation of Government’s Obligation

(a) 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 be provided in specific contract modifications. Contract line item(s) listed belie are incrementally funded or fully funded as shown in the table below. For these item(s), the sum of $0.00 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.

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 __30__ 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.

(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 may 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 Clause 52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items (May 2019)

(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 Furthing

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-

91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and

108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided#id189A70O0P1N https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

XX(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).

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

XX (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).

XX (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)

(15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small

Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

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

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

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

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan

2018) (E.O. 13126).

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

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

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

XX (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

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

XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act (Dec 2010) (E.O. 13496).

XX (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019)

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while

Driving (Aug 2011) (E.O. 13513).

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

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

Department of the Treasury).

XX (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award

Management (Oct 2018) (31 U.S.C. 3332).

XX_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

(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:

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

XX (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

XX (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).

XX (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards --

Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and

41 U.S.C. chapter 67).

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

13658).

XX (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)

Employee Class Fringe Including Benefits

99730 Refuse Collector $17.74 hr plus $4.18 fringe

99710 Recycling Laborer $20.27 hr plus $4.18 fringe

99711 Recycling Specialist $25.69 hr plus $4.18 fringe

31363 Truck Driver, Heavy $19.54 hr plus $4.18 fringe

(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 (Jan 2019) (41

U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the

Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(v) 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.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29

U.S.C. 793).

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter

67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (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).

(xiv) 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.)

(xv) 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)

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

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

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017)

(E.O. 13706).

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

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

(xx) 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).

(xxi) 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.

(xxii) 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)

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

Attachment 1 – Performance Work Statement (PWS) with Quality Assurance Surveillance Plan

(QASP), Performance Requirements Summary (PRS), and Contract Discrepancy Report (CDR)

Attachment 2 – Schedule of Services and Unit Prices

Attachment 3 - Wage Determination

Attachment 4 - Past Performance Questionnaire (PPQ)

Part (e): Solicitation Provisions

FAR Clause 52.212-1 -- Solicitation Provisions Incorporated by Reference. (Oct 2018)

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 52.204-16

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 Oct-2018

FAR 52.217-5 Evaluation of Options Jul-1990

FAR 52.237-1 Site Visit Apr-1984

FAR Clause 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;

http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfhsara.htm

(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 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).

(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.

(End of Provision)

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 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 T. 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.

FAR Clause 52.212-1 Instructions to Offerors - Commercial Items. (Oct 2018) (Addedum)

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 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. All submissions must be in the English language.

4. 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.

5. 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

Submit offers to the following mailing address or e-mail address (email preferred) 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

Alameda, CA 94501-5100

Attn: April E. Smith

Via e-mail: april.e.smith@uscg.mil; or Michael.T.Hassett@uscg.mil.

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) (AUG 2018).

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

3) Technical Capability:

a) Technical: The Offeror shall discuss past experience with refuse and recycling collection and disposal services, specifically identifying refuse and recycling collection and disposal services on projects performed within the last three (3) years similar to the requirements of the PWS. The experience can be performed by either the prime or subcontractor(s).

The Offer shall indicate which arrangement is being proposed whether Prime/Sub, or any other affiliation, if any, as well as the roles and responsibilities of the parties. The Offeror shall provide the following information for each project used to demonstrate experience:

(1) A detailed explanation of the scope of the effort, including the type of bins collected and the number of units/locations serviced;

(2) The dollar value of the project;

(3) Period of performance; and

(4) Project location.

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

No more than three (3) PPQs are requested to be submitted that are most relevant 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 april.e.smith@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.

mailto:april.e.smith@uscg.mil mailto:april.e.smith@uscg.mil

In addition, please 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 Oct 2018) 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.

6) Complete fill-in certifications for FAR 52.209-5 - Certification Regarding Responsibility

Matters (Oct 2015);and 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 =

The offeror must demonstrate similar experience as required by the PWS in performing refuse and recycling collection and disposal services. The vendor should demonstrate they have a minimum of three (3) years corporate, not individual, experience with performing refuse and recycling collection and disposal services. The experience can be from the prime or can be from the proposed subcontractor, and/or partnership experience. 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.

2) Past Performance = For an offer to be eligible for award, the prime and any subcontractors, other partnerships, proposed, if any, must have either a Satisfactory (or better) or neutral past performance. An 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 and be a No Pass. Satisfactory (or better) 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 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 base period, all option periods. The Government will evaluate the offer for price reasonableness. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). Any quantity price discounts and discounts for prompt payment should be included in this section.

The Government intends to select one contractor for this acquisition. However, the Government reserves the right not to award a contract at all, depending on the quality of the offers and prices submitted and the availability of funds.

The Government will evaluate proposals based on the LPTA criteria. Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not receive a

Pass for both the technical and past performance rating, the process will continue in order of lowest priced offer until the LPTA offer with both a Pass for technical and past performance is identified.

Rejection of Unreasonable Offers: The Government may reject any quotation that is evaluated to be unreasonable in terms of program commitments, including contract terms and conditions, or unreasonably high or low in cost when compared to Government estimates, such that the quotation is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Oct

2018) with Alternate I (Oct 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management

(SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

http://www.sam.gov/portal

Invoice Procedures

“Electronic submission of Invoices is mandatory”

1. The Contractor shall submit invoices for services via Coast Guard Finance Center (FINCEN)

Website at: http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

2. The web submission requires the contractor to complete the Invoice Receipt Cover Form, select the Invoice Routing Code, and attach a PDF file of the invoice and any other supporting documentation.

3. A sample of the Invoice Receipt Cover Form is provided below. Mandatory information to be completed is highlighted in red on the website.

Invoice Routing Code:

(help) Invoice Receipt Date: (help)

Contract Number: (help) Invoice Number: (help)

Requisition Number: (help) Invoice Date: (help)

Delivery/Task Order Number:

Invoice Amount: (help)

Discount Terms: % Discount Days

Net Days (help)

Contractor Information Attachment of Official Invoice

Contractor Name: (help)

Submitter Name: (help)

Submitter Email:

Submitter Phone: (help)

4. The Contractor must select the correct Invoice Routing Code for timely invoice processing.

The Invoice Routing Code for this contract is SILC PCB-3.

5. The Contractor shall attach a single PDF file no larger than 3MB as the official invoice

6. Supporting documentation must be combined in a single PDF file or submitted to your contracting office separately via email. Supporting documentation must not exceed 999 pages.

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

7. A proper invoice shall have the following information clearly indicated on each invoice: (i)

Name and address of the contractor; (ii) Invoice date and number (the Contractor is encouraged to date invoices as close as possible to the date of the mailing transmission); (iii) Contract number, contract line item number and, if applicable the order number; (iv) Description, quantity, unit of measure, unit price, and extended price of the items delivered or services performed; (v) terms of any discount for prompt payment offered; (vi) Name and address of official to whom payment is sent; (vii) Name, title, and phone number of person to be notified in the event of a defective invoice; (viii) Taxpayer Identification Number (TIN). The contractor shall include its TIN on the invoice; (ix) Electronic funds transfer (EFT) banking information;

(x) DUNS number recorded on every invoice submitted.

8. A copy of the Invoice and Supporting documentation shall also be e-mailed to the assigned

Contract Specialist, COR, and SILC invoice members prior to or immediately after submitting your invoice to the FINCEN as described above. Failure to do this may result in the delay of payment. These POCs will be listed at time of contract award.