A21 - W912PM21Q0017_RFQ Package.pdf

W912PM2Q0017

Statement of Work

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice.

This is a combined synopsis/solicitation. THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION; QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL

NOT BE ISSUED. This will be an UNRESTRICTED procurement. The solicitation number is W912PM21Q0017 and the solicitation is issued as a Request for Quote (RFQ). The NAICS code is 562111 with a size standard of $41,500,000.00. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2021-04. This requirement is anticipated to result in the award of a single firm fixed price (FFP) contract.

CONTRACT LINE ITEMS

OFFEROR TO COMPLETE AND SUBMIT: ATTACHED PRICING SCHEDULE

SEE ATTACHED REQUIREMENT DESCRIPTION, “Statement of Work”

DATE/DELIVERY: Anticipated award to be a Base + Four Option Years + 6-month optional services. Anticipated Base Period performance is April 1, 2021 through March 31, 2022. Option Periods One, Two, Three, and Four will be annually, April 1 through March 31. Optional 6-month extension will be April 1, 2026 through September 30, 2026 and will be utilized only if determined necessary by the Contracting Officer.

SITE VISIT Interested Offerors/vendors are highly encouraged to attend a site visit. It is the Offeror’s responsibility to utilize this opportunity to note the location of the work; conditions, security, safety, equipment, facilities, and any other factors to satisfy themselves regarding all general conditions which may affect the work or costs to perform the work, prior to submitting a quote.

Interested Offerors shall contact Mr. Scott Aiken via email at Michael.S.Aiken@usace.army.mil , and copy Ms. Missee Koehn Melissa.k.koehn@usace.army.mil at least 2 days to schedule a planned visit.

The email subject line shall contain:

SITE VISIT for RFQ # W912PM21Q0017, ERY and SCOY Dumpster Services The body of the email shall contain:

Company Name: ___________________ Names and position of person(s) attending: _____________________

In no event, shall failure to inspect the site constitute grounds for a claim after contract award.

QUESTIONS: All questions shall be in writing and e-mailed to Missee Koehn at Melissa.K.Koehn@usace.army.mil and Ms. Rosalind Shoemaker at Rosalind.m.shoemaker@usace.army.mil . Questions concerning this solicitation are due March 15, 2021, 10:00 AM EST. The U. S. Army Corps of Engineers does not commit to providing responses to questions submitted after this date; however, attempts to answer

DATE & TIME FOR OFFERS:

mailto:Michael.S.Aiken@usace.army.mil mailto:Melissa.k.koehn@usace.army.mil mailto:Melissa.K.Koehn@usace.army.mil mailto:Rosalind.m.shoemaker@usace.army.mil

Offers are due to Missee Koehn at Melissa.k.koehn@usace.army.mil on March 18, 2021, 2:00 PM, Eastern Time.

The point of contact for this procurement is Missee Koehn at 910-251-4493, melissa.k.koehn@usace.army.mil or Rosalind Shoemaker at 910-251-4436, rosalind.m.shoemaker@usace.army.mil

The Government will not provide written paper copies of the solicitation. Telephone, written, facsimile, or e-mail requests for the solicitation package will not be honored. Potential contractors are responsible for monitoring this site for the release of any amendments.

Offerors are encouraged to post notices of prospective subcontracting opportunities on the Small Business Administration Subnet, at http://web.sba.gov/subnet . Offerors must be registered with the System for Award Management (SAM) to receive a Government contract award. You may register online at http://www.sam.gov .

mailto:Melissa.k.koehn@usace.army.mil mailto:melissa.k.koehn@usace.army.mil mailto:karri.l.mares@usace.army.mil http://web.sba.gov/subnet http://www.sam.gov/

STATEMENT OF WORK

DUMPSTER & RECYCLING SERVICES

FIRM FIXED PRICE / 5 YEAR SERVICE CONTRACT

Engineer Repair Yard (ERY) & Snows Cut Operations Yard (SCOY)

February 11, 2021

1. GENERAL DESCRIPTION: The Contractor shall be responsible to provide labor, equipment, supplies, and maintenance on the equipment required to provide dumpster and recycling services (collect and remove recyclable items and Municipal Solid Waste ( MSW) from) for the U.S. Army Corps of Engineers, Wilmington District Engineer Repair Yard (ERY) and Snows Cut Operations Yard (SCOY) (addresses below) on a regular scheduled basis as specified within this contract. All non-recyclable waste shall be transported and disposed of in accordance with all applicable Federal, State and local laws and regulations. All recyclable waste shall be diverted from area landfills, and the Contractor shall be responsible for ensuring that recyclable waste is being recycled.

The Contractor shall perform in accordance with all terms, conditions, specifications, and standards contained herein, and all current local, county, state of North Carolina, and Federal regulations and laws.

The Contractor shall be responsible for dumping fees and the Government will be responsible for any fines associated with public visitors illegally dumping any hazardous waste in the dumpster discovered by landfill personnel.

It is anticipated this will be a Firm Fixed Price / 5 year Service Contract, consisting of the Base Year and up to (4) additional option years, to be exercised annually, at the discretion of the Government.

The contract line item structure (CLIN) for this contract shall be replicated for the (4) option years and shall reflect any annual increases that may reasonably be expected from year to year (if needed).

If no increase is expected for a particular line item, then the amount shall remain the same. A blank spreadsheet is attached for your use (if needed).

2. SPECIFICATIONS: The Contractor shall provide Dumpster & Recycling Services to the Wilmington District Engineer Repair Yard (ERY) and the Snows Cut Operations Yard (SCOY). The Contractor must be licensed for the county being serviced. A copy of the license or a statement confirming the license must be provided at the time of quote.

All dumpsters shall be equipped with operational drain plugs, and all 8 cubic yard (cy) dumpsters shall have side-access doors. The Contractor shall provide services to empty all of the dumpsters and recycling containers, as scheduled, at the following locations (see below).

Location #1 (refer to attached map) Engineer Repair Yard (ERY) 232 Battleship Road Wilmington, NC 28401

Location #2 (refer to attached map) Snow Cut Operations Yard (SCOY) 304 Annie Drive Carolina Beach, NC 28428

The Engineer Repair Yard requires the following type & size receptacles to be placed on-site for daily use & shall be emptied on the schedules for each receptacle, as listed herein;

2.1 ENGINEER REPAIR YARD (ERY)

• (1) - 8 cubic yard Dumpster with operable drain plug & side-access door.

Empty 1 time per week (52 times per year) & provide additional on-call services to empty the dumpster, as needed - NTE (36) additional services per year.

• (1) – 30 cubic yard Construction Dumpster with operable drain plug & gate-access on one end.

Services to empty the dumpster shall be on an on-call basis, as needed, NTE (24) times per year.

This dumpster will also have tonnage fees associated with the disposal of contents, NTE (50) tons per year.

• (1) - 8 cubic yard Cardboard Dumpster with operable drain plug.

Empty 1 time every (2) weeks (26 times per year) & provide additional on-call services to empty the cardboard dumpster, as needed - NTE (12) additional services per year.

• (1) – 96 gallon Recycling Bin (co-mingled) The recycling bin shall also have wheels.

Empty 1 time per week (52 times per year) & provide on-call services to empty the Recycling Bin, as needed - NTE (12) additional services per year.

2.2 SNOWS CUT OPERATIONS YARD (SCOY)

• (1) - 8 cubic yard Dumpster with operable drain plug & side-access door.

Services to empty the dumpster shall be on an on-call basis, as needed, NTE (24) times per year.

2.3 ENGINEER REPAIR YARD (ERY) & SNOWS CUT OPERATIONS YARD (SCOY)

• Additional 8 cubic yard Dumpsters – AS NEEDED with operable drain plug & side-access door. These additional dumpsters shall be dropped off & picked up with 30 days or less, from either location, as needed. No services to empty these dumpsters will be required; this is a drop-off & pick-up service only.

2.4 HOURS OF OPERATION AND SITE ACCESS: The (2) locations where these services will be performed are access restricted.

The access at the Engineer Repair Yard (location #1) is call-box access, so the Contractor will have to pull up to the gate and use the call-box to contact one of the on-site POC’s (see paragraph 9 for POCs) to open the gate. Due to the type of site access for the ERY, the Contractor shall provide services between the hours of 8:00 a.m. to 3:30 p.m. on Thursday or Friday.

The Snows Cut Operations Yard at Carolina Beach has a combination lock that, upon contract award will be provided to the Contractor for access the property. Due to the type of site access for the SCOY, the Contractor is not restricted and may provide services on a mutually agreed to day of the week upon award resulting from this RFQ.

2.5 CONTAINERS: The Contractor shall furnish and maintain all equipment to include containers used for services within this contract. The Contractor shall be responsible to furnish and maintain all equipment with the following outcomes:

• Containers shall remain at the ERY and SCOY at all times in locations which will be selected by the Technical Point of Contact (TPOC) and/or the Contracting Officer (KO).

• Be positioned and maintained in such a manner as to present a neat and orderly appearance,

• Be thoroughly cleaned.

• Be inspected during work performance to ensure containers are maintained in a sanitary condition

(examples: scheduled washing, cleaning, or replacement as required to maintain acceptable sanitary conditions.)

• Be placed in a manner that does not limit, block, or restrict access to any building entrance, parking area, or freight dock.

• Operable condition at all times including all container lids and wheels. Any damaged equipment shall be repaired or replaced within 48 hours’ notice of damage to the Contractor

Location of containers will be specified by the TPOC/KO after a mandatory pre-work site visit and meeting. Any resultant contract will contain Contractor’s containers and schedule. Site visit will be coordinated for a mutually agreeable time with TPOC, KO, and Contractor.

2.6 ADDITIONAL PICK UPS (Option Line Items):

The Government requests On-Call services for additional service on an “as-needed” basis for:

- deliver/pickup additional dumpsters during vessel shipyard/repair periods, required at either of the 2 locations.

- additional services to empty dumpsters already on-site if they become filled prior to their scheduled servicing.

Additional containers may or may not be required during the year, however, the Contractor must be able to supply and service the additional containers during the year if required by the KO.

USACE, SAW reserves the option to decrease or increase the number of containers. If containers are increased or decreased, the change will be made to the contract via a contract modification as prescribed in the contract’s FAR Clause 52.212-4 (Terms and Conditions- Commercial Items)

2.7 VEHICLE OPERATING CONDITION: Vehicles used in the collection of refuse shall be designed for the efficient handling of refuse, licensed and inspected to operate in the State of North Carolina. They shall be equipped with a lift for handling and dumping of containers. The vehicle storage area shall have a covered body suitable for this type of service and be in compliance with State Law regarding waste transportation; disposal and dumping in approved landfills.

Vehicles shall be in good operating condition and shall not leak oil or hydraulic fluids. Any fluid spills or leaks must be immediately cleaned and removed by the contractor on the same day spillage occurs.

2.8 PROPER DISPOSAL OF WASTE: The Contractor shall transport and dispose of all non-recyclable waste in accordance with applicable Federal, State and local Laws for land fields in the State of North Carolina or any other State where the contractor may dispose of waste.

2.9 WASTE REMOVAL SCHEDULES: The Contractor shall adhere to the schedules established for each type container. Failure to maintain the schedules outlined under each container may result in the Government applying any and all remedies allowed by the contract.

2.10 DISPOSAL SCHEDULE: The Contractor shall adhere to the schedule contained in the Statement of Work (SOW). Any resultant contract will contain Contractor’s containers and schedule.

3. PERIOD of PERFORMANCE:

BASE YEAR April 1, 2021 – March 31, 2022 OPTION YEAR 1 April 1, 2022 – March 31, 2023 OPTION YEAR 2 April 1, 2023 – March 31, 2024 OPTION YEAR 3 April 1, 2024 – March 31, 2025 OPTION YEAR 4 April 1, 2025 – March 31, 2026 Option to Extend up to 6-month extension April 1 – Sep 30, 2026 (as determined necessary by the Contracting Officer)

4. SUPERVISION OF WORK: The Contractor shall provide all management, supervision, and labor to effectively fulfill the requirements of this contract. The Contractor shall ensure that all contract work is satisfactorily supervised, either by his personal presence, by the on-site supervisor, or a combination of these alternatives. Neither the US Army Corps of Engineers employees nor other Government employees are authorized to exercise either direct or indirect supervision over, or provide direction to, the Contractor’s employees. The Contractor shall refer all to the assigned TPOC/KO.

5. INSPECTION: The Government retains the right to inspect the Contractor’s work and/or equipment, for contract compliance, at any time during the performance of this contract. These inspections shall not interfere with the Contractor’s performance of the contracted services. The Contractor shall correct any identified deficiencies to ensure work meets specifications contained in contract, at no additional cost.

NOTE: The Contractor shall not perform any work outside the SOW without prior approval from the Contracting Officer.

6. REGULATORY STATUS: The work performed by the Contractor and their subcontractors shall be in compliance with Section 404 of the Clean Water Act, all applicable USACE, other Federal, State, and Local regulations and guidelines. All work shall be conducted in a safe manner and comply with OSHA standards and EM 385-1-1, current version:

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf Contractor shall take all necessary precautions to ensure the safety of the visiting public and Government personnel.

7. SAFETY: All work accomplished under this contract shall be in accordance with the Corps of Engineers Safety Manual EM 385-1-1, (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385- 1-1.pdf ), and any other Federal, State or Local laws. Contractor personnel shall be equipped with the appropriate personal protection equipment (PPE), i.e., safety shoes, work gloves, hearing and eye protection, face masks, etc.

Contractor must show proof of a valid form of state Government issued identification. Additionally, Contractor must complete a TPOC/KO approved defensive driving course.

8. PAYMENT & INVOICING: The Contractor shall submit a monthly invoice for services rendered at each location to the Technical Point of Contact (named below) through e-mail (preferred) or United States Postal Service (USPS). Payment will be monthly in arrears. The Contractor shall also ensure that the following items are included on the invoice:

• Contract #

• Invoice #

• Company Name (Must Match the Name on the Contract Document)

• Invoiced line item(s) (Must Match the Contract Line Item Numbers / e.g. 0001, 0002, etc.)

• Small Business, Veteran Owned, or 8A (Indicate on invoice, if applicable) *** Refer to SAMPLE INVOICE (APPENDIX A) http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

Request for Quote

W912PM21Q0017

ERY and SCOY MSW dumpsters & waste removal

9. COORDINATION AND POINTS OF CONTACT

The Contractor shall be fully responsible for coordinating the fieldwork needs with the appropriate points of contact listed below:

TECHNICAL POINT OF CONTACT

(TPOC):

Scott Aiken 69 Darlington Avenue Wilmington, NC 28403-1343 michael.s.aiken@usace.army.mil –

INVOICES ONLY

ON-SITE POINTS OF CONTACT (POC’s):

Ken Bailey @ 910-251-4617, Facilities Maintenance Supervisor Richard Simpson @ 910-251-4641, Supply Specialist Michael Metcalfe @ 910-251-4641, Supply Technician mailto:michael.s.aiken@usace.army.mil

CLAUSES INCORPORATED BY REFERENCE

52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.223-2 Affirmative Procurement of Biobased Products Under

Service and Construction Contracts

SEP 2013

52.223-3 Hazardous Material Identification And Material Safety Data

JAN 1997

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in

Service and Construction Contracts

AUG 2018

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984

52.246-16 Responsibility For Supplies APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DEC 2019

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7006 Prohibition On Storage, Treatment, and Disposal of

Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program--

Basic

DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items OCT 2020 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or

Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) 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 shall be made to the lowest priced technically acceptable offer.

The Government intends to evaluate offers and award a contract without discussions with Offerors.

Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in public interest and waive informalities and minor irregularities in offers received.

This solicitation shall be evaluated by awarding to the quote that is technically acceptable and the lowest price. Quotes will be evaluated using informal source selection procedures for (i) Price, (ii) Technical Capability, and (iii) Past Experience.

TECHNICAL FACTOR:

Evaluation – Each item in Technical Submission Requirements Table will receive one of the adjectival ratings defined below. Any criterion that receives “U” rating will result in an overall unacceptable rating for the factor and are not eligible for award. Award will be made to the lowest price quote that is technically acceptable

Note: In the case of an Offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (See FAR 15.305(a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown past performance and shall receive a rating of Neutral Confidence.

ADJECTIVAL RATING DEFINITION

Acceptable (A) Quote clearly meets the minimum requirements of the solicitation.

Unacceptable (U) Quote does not clearly meet the minimum requirements of the

Neutral (N) Offeror without a record of relevant past performance

TECHNICAL CRITERIA A / U / N

The offeror is registered and has no active or inactive exclusions listed in their Entity Record on the System for Award Management (SAM).

Contractor must be licensed for the county being serviced. A copy of the license or a statement confirming the license must be provided at the time of quote.

In accordance with FAR 42.15, the offeror does not have any relevant Past Performance Evaluations in which their performance was rated at “Unsatisfactory” or “Marginal” in the last five (5) years. Relevant evaluations may be obtained from the Contractor Performance Assessment Reporting System (CPARS), Past Performance Information Retrieval System (PPIRS), or Past Performance Questionnaires. Subfactor ratings to Past Performance that will be considered include, quality of product/service, cost, schedule, small business, and management.

Offerors are required to submit prior experience of recent and relevant contracts/projects at the time of quote. Contracts/Projects can be performed with Federal, State, local or private companies. Government contracts are preferred but not required.

Contracts/Projects that are relevant are defined as those that are similar to the requirements of the Statement of Work (SOW). Contracts/Projects that are recent are defined as those that have been completed within the last five (5) years.

A minimum of two (2) contracts/projects shall be provided to include: contract number, title of project, detailed description of work performed, and Point of Contact.

Please do not submit more than five (5) contracts/projects. In order for an offeror to be determined technically acceptable, the offeror must show previous experience with the type of work described in the SOW. Offerors must show previous experience on a minimum of two (2) contracts/projects.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The 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).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS

(AUG 2020) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision--

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

https://www.sam.gov/

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

http://www.sam.gov/

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126;

and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[The offeror shall check the category in which its ownership falls]:

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that --

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract.