Solicitation - Seattle - Amendment 12.6.2021.pdf

REQUEST FOR QUOTATION (RFQ) 70Z08422QPTD00000

Refuse Collection Services for Base Seattle, Seattle, WA

Terms and Conditions

SECTION I – CONTINUATION PAGES FOR SF 1449

SECTION II – CONTRACT CLAUSES, TERMS, AND CONDITIONS

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/vmfara.htm

Homeland Security Acquisition Regulation (HSAR): http://farsite.hill.af.mil/vmhsara.htm

FAR 52.202-1 Definitions Jun-2020

FAR 52.203-3 Gratuities Apr-1984

FAR 52.203-12

Limitation on Payments to Influence Certain

Federal Transactions Jun-2020

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 Aug-2020

FAR 52.204-24

Representation Regarding Certain

Telecommunications and Video Surveillance

Services or Equipment Oct-2020

FAR 52.204-25

Prohibition on Contracting for Certain

Telecommunications and Video Surveillance

Services or Equipment Aug-2020

FAR 52.212-4

Contract Terms and Conditions -- Commercial

Items Oct-2018

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) Feb-2021

FAR 52.223-5

Pollution Prevention and Right-to-Know

Information May-2011

FAR 52.223-6 Drug-Free Workplace May-2001

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 52.225-13 Restriction on Certain Foreign Purchases Jun-2008

FAR 52.228-5 Insurance-Work on a Government Installation Jan-1997

FAR 52.229-3 Federal, State, and Local Taxes Feb-2013 http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmhsara.htm

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 Jun-2020

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 3052.223-70

Removal or Disposal of Hazardous Substances

–Applicable Licenses and Permits (30 days) Jun-2006

HSAR 3052.223-90 Accident and Fire Reporting (USCG) Dec-2003

FAR 52.252-6 - Authorized Deviations in Clauses. (Nov 2020)

(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) 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 options years. In addition, written notice will be 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 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 at least 30 calendar 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.

Other Government Contracts or Agreements:

The Government may undertake, award, obtain or enter into, other contracts or agreements to augment these services. The Contractor shall cooperate fully with such other Contractors, augmentees and Government employees. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor, augmentee, or Government employees, or with the proper execution of Government business.

Contractor employees and visitors (post-award access to government facilities):

All personnel employed by the Contractor (including subcontractors) in the performance of this contract or any representative of the Contractor entering the Government installation, shall abide by all applicable security regulations and shall be subject to such security checks as may be deemed necessary by the Government. The Government reserves the right to direct the Contractor to remove from performance under this contract any employee for misconduct or security reasons. This will not relieve the Contractor from contract performance, or allow for any equitable adjustment to the contract. Contractor employees shall not receive visitors without the express permission of the

Contracting Officer, COTR, or Security Officer. Contractor employees shall not loiter in any working, patron, or otherwise unauthorized area.

Modification proposals – price breakdown:

The Contractor, in connection with any proposal for a contract modification, shall furnish a price breakdown, itemized as required by the Contracting Officer. Unless otherwise directed, the price breakdown shall be in sufficient detail to permit an analysis of all material, labor, equipment and all other costs. The proposal shall cover all work involved in the modification, whether such work was deleted, added, or changed. Any item claimed for subcontracts shall be supported by a similar price breakdown. In addition, if the proposal includes time extension, a justification therefore shall also be furnished. The proposal together with the price breakdown and the time extension justification shall be furnished by the date specified by the Contracting Officer.

Use of alcoholic beverages/drugs:

The use, possession or sale of alcoholic beverages or illegal drugs by Contractor personnel while on duty is strictly prohibited. The Contractor shall immediately remove any employee who uses, possesses, or sells alcohol or drugs while on duty. Removal of the employee for such causes does not relieve the Contractor of the requirement to provide sufficient personnel to adequately perform services.

Contractor performance evaluations:

a. In accordance with FAR Subpart 42.15, Contractor Performance Information, the Contractor’s performance will be evaluated throughout the contract period. The results will be compiled and reported in a Contractor Performance Report for use by this agency and other government agencies for future source selection decisions. The Contracting Officer’s Representative (COR) and the

Contracting Officer will compile the report jointly. The Contracting Officer will forward the report to the contractor for comments. In the case of a contract with option years, an interim report will be completed.

b. The Contractor Performance Assessment Reporting System (CPARS) shall be used for all performance evaluations. Copies of the reports will be maintained either in the CPARS or in hard copy in the official contract file.

c. The results of the report will be provided to the contractor who will be given a period to thirty (30) days to review and provide comments. All comments will be considered by the Contracting Officer and reviewed in accordance with FAR 42.1503. The report will be marked “Source Selection

Information” and safeguarded ‘for official use only’ in accordance with Federal Acquisition

Regulation Part 3.104.

d. Contractors are required to register with CPARS. Registration may be accomplished on-line at http://www.cpars.csd.disa.mil/cparsmain.htm. By registering the contractor will receive timely notice of government inputs into the database and the opportunity to respond on-line to all government comments.

Safety:

The contractor shall comply with all applicable Federal and State OSHA regulations, and all other international, Federal, State, and local safety requirements.

http://www.cpars.csd.disa.mil/cparsmain.htm

Contractor Provided Containers.

The Contractor agrees to furnish the necessary containers in the areas designated for refuse as listed within the Performance Work Statement (PWS – Attachment 2). The containers shall be kept painted by the Contractor and maintained throughout the life of the contract by the Contractor. A container that is not in compliance with the standards of the contract shall be repaired and/or replaced within two (2) workdays upon written notification by the Contracting Officer’s Representative (COR).

Licenses and Permits.

The Contractor shall be responsible for obtaining any necessary licenses and permits (without any additional cost to the Government), 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.

Compliance with applicable state and federal requirements:

This contract is subject to, and in performing the work under this agreement, the Contractor shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States

(including Executive Orders of the President) and any State (or other public authority, now or hereafter in force) and agrees to observe and comply with all applicable State and Federal requirements as to Social Security, Workmen’s Compensation and Unemployment, and any other matters concerning employment applicable to the contract work, and he shall also abide by and comply with such rules, regulations, directions, and orders not inconsistent herewith as may from time to time be issued by the Government.

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive

Orders -- Commercial Items. (Sep 2021)

(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) 52.204-23, 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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (AUG 2020) (Section 89(a)(1)(A)of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 (June 2020), 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 (Jun

2020) (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).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (Jun 2020) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_X_ (22) 52.219-28, Post Award Small Business Program Representation (Sep 2021) (15 U.S.C.

632(a)(2)).

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

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

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

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Jun2020) (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 (Oct 2020) (22 U.S.C. chapter 78 and E.O.

13627).

_X_ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O.13693).

_X_ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C.

8259b).

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun

2020) (E.O. 13513).

_X_ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

_X_ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

_X_ (46) 52.225-1, Buy American--Supplies (Jan 2021) (41 U.S.C. chapter 83).

_X_ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct

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

_X_ (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:

_X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

_X_ (2) 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

_X_ (3) 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).

_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

Employee Class Monetary Grade:

Refuse Collector - 99730 $28.89

(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 (Jun 2020) (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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 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.

(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 (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (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 (Oct 2020) (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 (Nov 2020).

(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. (Jun 2020) (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)

SECTION III – LIST OF ATTACHMENTS

Attachment 1 – Schedule of Services and Unit Prices (Schedule B)

Attachment 2 - Performance Work Statement (PWS)

Attachment 3 - Performance Requirements Summary (PRS) and Contract Discrepancy Report (CDR)

Attachment 4 - Quality Assurance Surveillance Plan (QASP)

Attachment 5 – Wage Determination 2015-5535, Rev 15

Attachment 6 – Map

SECTION IV – 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 52.203-18

Prohibition on Contracting with Entities that

Require Certain Internal Confidentiality

Agreements or Statements-Representation Jan-2017

FAR 52.204-16

Commercial and Government Entity Code

Reporting Aug-2020 http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/vfhsara.htm

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 Sep-2021

FAR 52.223-1 Biobased Product Certification May-2012

HSAR 3052.247-72 FOB Destination Sep-2012

(End of provision)

FAR Clause 52.209-5 - Certification Regarding Responsibility Matters (Aug 2020)

(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 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 52.209-7 - Information Regarding Responsibility Matters (OCT 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative

Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract

Appeals Proceedings). This includes administrative proceeding at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award

Schedules).

“Principal” 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).

(b) The offeror [_] has [_] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and

Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in

FAPIIS as required through maintaining an active registration in the System for Award Management which can be accessed via https://www.sam.gov (see 52.204-7).

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 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 Jet Flores DOL-94 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.

SECTION V – PROPOSAL SUBMISSION INSTRUCTIONS

52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS. (Sep 2021)

(ADDENDUM)

The quotation must be prepared in accordance with the instructions in this section, providing all required documents and information in the format specified. The quotation shall clearly and concisely describe the offeror's response to the requirements of the solicitation. The Offeror shall acknowledge receipt of any/all Amendments to this solicitation by the date and time specified in the amendment(s).

1. 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.

2. The offeror shall provide an electronic copy via email to the contract specialist in either

Microsoft Word, Microsoft Excel format, or in Adobe PDF format.

3. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

4. The contractor shall submit a Technical Plan containing the following: method of collecting the refuse and recycling (including the vegetative material) and the places to use for disposal of the final product, including but not limited to the landfill area, and the recycling areas of collections. It should also include the method to recruit, retain, and employ personnel; and the method to direct resources and equipment to the remote site (i.e. discuss type of equipment, storage if necessary, dedication of corporate personnel and resources to ensure success of the job).

The plan shall also address the following components as follows:

Licenses and Permits.

Types and functions of special purpose refuse/recycling equipment. The proposed types of equipment should include trucks/vehicles used for collecting and hauling the various types of refuse/recyclable materials, compactors, balers etc. The proposed functionality of the various types of special purpose equipment should address such features as onboard scales, solar power, and automatic notification of full container and any cost savings to the government resulting from these functionalities.

Specify if size container and times specified on PWS (section 5) cannot be met.

Note 1: If you are considered a Large Business, you are required to submit a subcontracting plan. If no subcontracting opportunities exist, please submit a statement that all work is performed without a subcontract.

SUBMISSIONS

The submission of the quotation will be accepted as either a hardcopy submission or electronic submission; submitting using both options is acceptable, but not required. The submission information is as follows:

Written Submission:

Contracting Officer

US Coast Guard, DOL-9 Alameda

Simplified Acquisitions and Utilities Division (DOL-94) West

Coast Guard Island, Bldg. 54-C

Alameda, CA 94501-5100

Electronic Submission: Please send to both contacts: Yvett.R.Garcia@uscg.mil;

Susan.B.Lawson@uscg.mil

QUOTATION REQUIREMENTS

1. Complete the “Signature of Offeror/Contractor” part of the Standard Form 1449 in Block 30a.

An authorized official of the firm must sign the Standard Form 1449.

2. A filled out and complete Schedule of Services and Unit Prices form (Attachment 1). Follow instructions on Section VI – Evaluation of offer. In addition to filling out the schedule of mailto:Yvett.R.Garcia@uscg.mil mailto:Susan.B.Lawson@uscg.mil prices, please include in a separate document a breakdown of costs including labor hours, rates by labor category, other direct costs overhead, G&A, profit.

3. Complete only paragraphs (b) of provision FAR 52.212-3 - Offeror Representations and

Certifications -- Commercial Items (Feb 2021) 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.

4. Complete fill-in certifications for FAR 52.209-5 – Certification Regarding Responsibility

Matters (Aug 2020), FAR 52.209-7– Information Regarding Responsibility Matters (Oct

2018), 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.

FAR Provision 52.237-1 Site Visit (APR 1984)

(a) Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

SITE VISIT: Contractor personnel are encouraged to visit the site to familiarize themselves with the location, work requirements and existing condition of Base Seattle, WA. A site visit has been scheduled with government POC: SK1 Ryan Gordon, on 15 November 2021, at 11:00am. COR can be reached by email at Ryan.J.Gordon@uscg.mil and phone at 757-561-9117. Please copy the

Contract Specialist, Yvett R. Garcia at Yvett.R.Garcia@uscg.mil on all emails.

Contractor(s) must have a copy of this solicitation/Request for Proposal to gain access to USCG

Base Seattle, Washington.

Due to the absence of the Contracting Specialist/Officer during the site tour, all questions shall be sent directly via email to the Contract Specialist, Yvett R. Garcia at Yvett.R.Garcia@uscg.mil.

Questions will be due NLT 19 November 2021, 12pm (Pacific Standard Time). An amendment to the solicitation will be issued with the responses to the questions. Any amendment issued will appear on System for Award Management (SAM.gov) website, available to all prospective offerors.

Terms and conditions of the solicitation and the specifications will remain unchanged unless they are amended in writing. Under no circumstances will any oral statements or agreements be binding upon the Government unless such statements or agreements are issued in a formal amendment to the solicitation.

(b) All attendees must abide by the following rules for site visits:

(1) Those entering the installation must possess a valid State or Government picture identification mailto:Ryan.J.Gordon@uscg.mil card. Furthermore, individuals presenting identification cards from a state that is non-compliant with the REAL ID Act will require additional documentation to gain unescorted base access.

Additional documentation include a valid U.S. or foreign government issued Passport, an employment authorization document that contains a photograph, or identification cards issued by federal state or local government agencies that include a photo and biographic information. A full list of REAL ID Act compliant and non-complaint states can be found at https://www.dhs.gov/current-status-states-territories. Personnel requesting vehicle access to Joint

Base Cape Cod, must provide a valid driver's license, current vehicle registration, and valid vehicle insurance. All vendors requesting access to the installation will be given a back ground check and no felons will be cleared for access.

(2) No cameras, tape recorders, or other reproduction devices are allowed. No hard copies of any

Government documents (maps, hand-outs, etc.) shall be provided to contractors. Contractors are restricted to note-taking.

(3) Phone calls shall be made on commercial telephones only.

(4) Each visit shall be required to sign in and out on the visit and must stay with the site tour group at all times. No other meetings or discussions with Government personnel shall be permitted.

(5) The Government reserves the right to inspect all materials, briefcases, etc., entering or leaving

Government facilities.

CONTRACTORS NOT COMPLYING WITH THESE RULES AND PROCEDURES MAY BE

PRECLUDED FROM FURTHER PARTICIPATION IN THE SITE VISIT.

SECTION VI – EVALUATION OF OFFER

FAR 52.212-2 Evaluation of Commercial Items (OCT 2014)

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. Lowest Priced, Technically Acceptable (LPTA) offer with acceptable or neutral past performance.

Technical Acceptability: Technical Acceptability will be evaluated to determine an overall rating of

“acceptable” or “unacceptable”. This will be determined by evaluating the ability of the offeror to provide a sound, compliant approach that meets all requirements listed in the PWS and demonstrates a thorough knowledge and understanding of the requirements. It is the contractor’s responsibility to ensure that their quotation clearly demonstrates their ability to perform these requirements. Offerors can provide any additional information necessary to demonstrate how they will be able to meet the

USCG’s requirements.

The following factors shall be used to evaluate offers:

Factor #1: Price: Price will be evaluated by adding total of all CLINS of Schedule B

(Schedule of Services and Unit Prices – Attachment 1). 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).

Note 1: Offerors are cautioned that an unrealistically low price quote would be considered as showing an inherent lack of technical competence of failure to comprehend the complexity and risks of the prosed contractual requirement and would be grounds for rejecting the quote.

Unrealistically low or unreasonably high prices may be rejected without further evaluation and without consideration.

Note 2: Offerors must quote on ALL CLINS listed on the Schedule B (Schedule of Services and Unit Prices – Attachment 1). Award is based on all total CLINS (see attachment 1); this is not a multiple-award for separate CLINS.

Factor #2: Technical Capability: The offerors must demonstrate similar experience as required by the PWS in performing…