ISWM_Pre-proposal_Meeting_Minutes.doc

DEPARTMENT OF THE AIR FORCE

22D CONTRACTING SQUADRON (AMC)

MCCONNELL AIR FORCE BASE KANSAS

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23 March 2017

MEMORANDUM FOR ALL PROSPECTIVE OFFERORS

FROM: 22d Contracting Squadron

53384 Kansas St Ste 121

McConnell AFB KS 67210

SUBJECT: Pre-proposal Conference Minutes for Solicitation FA4621-17-R-0002, Integrated Solid Waste Management Services

1. A pre-proposal conference was held at the 22d Contracting Squadron, Building 840 of McConnell AFB, on Monday, 13 March 2017 at 1:00 PM for the above referenced request for proposal in accordance with AFFARS provision 5352.215-9001. Nine questions were submitted prior to the pre-proposal conference. These questions were answered during the conference and can be found on the attached question and answers memorandum.

2. The following individuals were in attendance:

Norris Graves

Waste Solutions LLC

Dave Otano

Coqui Disposal Services

Justin Davis

Six Nations

Paul Davis

Six Nations Chris Lee

PBP Management

Soloman Tafesse

Best Value Services

Ed Cantrell

Zero waste Solutions

Herschel West

Waste Connections

Christina Muth

22 CONS/LGCB

Daniel Mittuch

22 CONS/LGCA

Cameron Collins

22 CONS/LGCA

Jaqueline Myles

Contracting Officer Representative (COR)

Kenneth Butler

Contracting Officer (CO)

Christian Ates

Contract Administrator (CA)

3. Christian Ates, Contract Administrator (CA), introduced key personnel and defined their associated responsibilities:

· Contracting Officer (CO) – the only person empowered to obligate the Government. The CO for this contract is Mr. Kenneth Butler.

· Contract Administrator (CA) – Christian Ates is the main point of contact between the Government and prospective offerors and acts as the agent for the CO. The alternate is Mr. Cameron Collins.

· Contracting Officer Representatives (COR) – Jacqueline Myles is the technical expert intimately familiar with the performance work requirements associated with the solicitation. She is required to report to the Quality Assurance Program Coordinator (QAPC), Patrick Butler, monthly on contractor performance issues.

· Quality Assurance Program Coordinator – Patrick Butler is the overseer of the quality assurance program. Mr. Butler was unable to attend.

4. The CA identified the requirement and the solicitation package was reviewed in its entirety:

· Solicitation Package:

· SF 1449 to include Bid Schedule, provisions, and clauses

· Attachment 1 – Price List

· Attachment 2 – Performance Work Statement (PWS)

· Attachment 3 – Wage Determination 2015-5341 Rev. 3

· Attachment 4 – Past Performance Questionnaire

· This solicitation is set aside entirely for the 8(a) program and competition is limited to 8(a) companies.

· NAICS Code:

· 566211 – Solid Waste Collection

· The three year average of Annual Revenue may not exceed the size standard of $38,500,000.

· Previous contract price:

· Approximately $331,590.32 for the last option year (12 months)

· $1,988,180.74 total price.

· Military Family Housing:

· The total price of the current contract included Military Family Housing (MFH) services at the beginning of the contract, but were removed due to MFH privatization.

· The new acquisition does not include the MFH privatized services.

· Incumbent Contractor:

· Best Value Services

· Period of Performance:

· New Contract starts 1 May 2017

· Base Year 1 May 2017 to 30 April 2018 with options for 4 years (1 May to 30 April) to 30 April 2022

· Contract type:

· This is a combination of a Firm Fixed Price w/Economic Price Adjustment and Requirements-type contract.

· Economic Price Adjustments are for fuel costs and landfill tipping fees IAW FAR Clause 52.216-4 Economic Price Adjustment – Labor and Material. These adjustments mitigate risks to the contractor. All price adjustments will be incorporated via bi-lateral modification.

· This acquisition includes both Municipal Solid Waste and Recycling.

· 100% of recycling proceeds shall be remitted to the U.S. Treasury pursuant to PWS Para. 1.2.

· Statement of Equivalent Rates:

· We include the clause, 52.222-42, Statement of Equivalent Rates for Federal Hires, which is given to the contractor as a tool to show what the Government would be paying for certain federal classifications of workers. It is for informational purposes only; it’s NOT a wage determination. The contractor must comply with the wage determination.

· Ordering:

· Any supplies or services purchased under this contract are ordered through issuing work/task orders. Government maintains the unilateral right to order off of the contract as long as it’s within the ordering period and as long as it doesn’t exceed the order limitations. (i.e. the max awarded quantity)

· Insurance Requirements:

· The contractor shall be required to provide insurance coverages for workers compensation, general liability, and automobile in accordance with FAR 52.228-5.

· Service Contract Act:

· Service Contract Act – Clause 52.222-41 is incorporated by reference and covers Payroll Records, Wages, Fringe Benefits, Safety, and WD Rates.

· Applicable to all service contracts over $2,500.00.

· States the contractor will pay minimum Wage rates and fringe benefits

· Safe and Sanitary Working Conditions (OSHA, FDA Food Code)

· Maintain records for 3 years from the completion of the work and make them available for inspection

· States if contractor underpays employees, or doesn’t comply with this act, the government can withhold pay until the violations have stopped.

· Additionally, the government can terminate the contract for default for failure to comply with the terms and conditions of the contract.

· Wage Determination:

· Wage Determination 2015-5341 Rev. 3 - Dated 30 December 2016.

· It is the contractor’s responsibility to select which classification best describes their employees and attendees are encouraged to refer to the Dept. of Labor Wage/Hour Administration for further information.

· Limitation in Subcontracting (FAR 52.219-14):

· At least 50% of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

· Limited GFP

· Limited GFP is being provided as stated in PWS Paragraph 3 and Appendix F.

· There are a total of 50 containers provided by government that includes recycling dumpsters, slide/roll offs, and trash carts used for special events.

· Contractor is responsible for providing all other equipment and containers.

· Office Paper collected for recycling shall be safe-guarded and shredded before it leaves base.

· Mission Essential Services – Services critical to completing the mission which must continue during a crisis situation.

· These are organizational activities that must be performed under all circumstances to achieve DOD component missions or responsibilities.

· The government has determined ISWM services are mission essential services.

· The contractor must submit MISSION ESSENTIAL CONTRACTOR SERVICES PLAN with their propsal

· The contractor will be provided access to base to perform services during periods where the Force Protection Condition is Charlie/Delta.

· CLINS/SLINS relating to the PWS/Bid Schedule are as follows:

· X001 ISWM-Municipal Solid Waste – Base

· X002 ISWM Recycling – Base

· X003 ISWM Recycling MDG – Base

· CLINS/SLINS are covered more in depth per the price list and PWS.

· Functional Inspection/Quality Assurance:

· The Contractor is responsible to provide their own quality assurance program. The Government will provide surveillance to ensure the contractor is performing within the performance thresholds stated in the Service Summary. The COR will perform inspections to see how the contractor is performing in all areas of the contract. We don’t expect the contractor to be perfect, but if the contractor DOES provide unacceptable service, re-performance will be required as it is our preferred method.

· Monthly COR Evaluation Summary Report:

· The Government documents contractor performing performance with COR Monthly Reports. Each month we will evaluate the contractor on how they performed in four areas: Quality of Service, Schedule, Business Relations, and Management of Key Personnel. Additionally, we determine if the contractor has been performing acceptably or unacceptably in the areas described in the Services Summary.

· CPARS (Contractor Performance Assessment Reporting System) – Annual Performance Report:

· Completed on the anniversary of the contract. Initiated by the COR & published in CPARS

· Security

· Contract employees will be required to get background checks.

5. The CA detailed unique Government considerations:

· Due to security/force protection reasons, maps have been removed. Available for review upon request at 22d Contracting Squadron.

· SAM (System for Award Management) includes FAPIIS (Federal Awardee Performance and Integrity Information System) information.

· WAWF (Wide Area Work Flow) process identified (covered later during SF 1449 portion)

· MAFB Contractor Access Form are required to obtain badges for base access.

· Compliance with Anti-Terrorism measures were briefly covered.

6. The CA explained proposal requirements:

· Three parts of a responsive proposal were detailed:

· Technical proposal – The contractor must develop and submit a Mission-Essential Contractor Services Plan required in accordance with DFARS Provision 252.237-7024, Notice of Continuation of Essential Contactor Services.

· Price Proposal – Submit original and one copy of the completed Solicitation Standard Form (SF 1449), Bid Schedule and Attachment 1 (Price List) labeled with the offer’s company name, solicitation number and any other appropriate markings. The price list calculates the total price once the unit prices are inputted. Ensure that blocks 30a, 30b, and 30c of the SF 1449 are completed. Complete the necessary fill-ins and certifications in provisions by using the SAM website located at https://www.sam.gov/. If SAM is not used, then the following provisions shall be returned along with the proposal: (i) FAR 52.212-3 Alt I, Offeror Representations and Certifications – Commercial Items (ii) FAR 52.209-7, Information Regarding Responsibility Matters (iii) DFARS 252.247-7022, Representation of Extent of Transportation by Sea (iv) DFARS 252.225-7000, Buy American and Balance of Payments Program Certificate.

· Past Performance Information – Submit original and one copy of quality and satisfaction rating information/references for contracts completed within the past five years and send the past performance questionnaires (Attachment 4) to no more than ten of the most relevant contracts performed within the last five years to their reference contacts who in turn send to the 22nd Contracting office.

· The proposal closing time and date of 4:00 PM on 29 March 2017 was discussed.

· Proposals must be submitted by mail or hand carried to the 22d Contracting Squadron identified in block 9 of SF 1449 (pg. 1). Offerors are cautioned that McConnell AFB, KS has visitor control procedures requiring individuals not affiliated with the installation to obtain a visitor pass prior to entrance. SOME DELAY SHOULD BE ANTICIPATED WHEN HANDCARRYING PROPOSALS. Offerors should allow sufficient time to obtain a visitor pass and arrive at the bid depository PRIOR to the time specified for receipt. Late proposals will be processed in accordance with FAR 52.212-1(f) “Late submission, modifications, revisions, and withdrawals of offers.” Late proposals will not be evaluated.

· Proposal evaluations were explained IAW Addendum to 52.212-2 – Evaluation – Commercial Items with special emphasis on the relative weight of technical and past performance data to pricing information. Technical and past performance are significantly more important than price. The Government will award based on the best value. The lowest priced, technically acceptable offer judged to have a Substantial Confidence performance rating is the best value to the government. If the lowest priced, technically acceptable offer is judged to have a Substantial Confidence performance rating, the evaluation will stop there; other offers will not be evaluated. If past performance questionnaires are not received, the Government will make a reasonable effort to contact references that the contractor submits.

7. The CA discussed amendments:

· There are no changes to the solicitation package without an official amendment from the CO being posted to the Fed Biz Opps website.

· Prospective offerors were educated on the proper way to officially acknowledge amendments to the solicitation on their proposals by signing, dating and submitting page 1 of the SF30 of each amendment and submitting with it with proposal package.

8. The SF1449 and attachments were discussed in detail as follows:

· Block 5: Solicitation Number

· Block 8: Offer Due Date/Time

· Block 9: Return proposals to this address – NOT CES

· Block 10: 100% Set Aside for 8(a)

Size Standard: 38.5M

NAICS: 562111

· Block 17a: Include Contractor’s Information/Address

· Block 30a/30b/30c: Sign and Date – Failure to sign will result in non-responsive proposal

· CLINS:

· Relationship to Price List was discussed.

· CLAUSES/PROVISIONS – Incorporated By Reference: The clauses listed below are the clauses/provisions discussed in addition to the ones discussed earlier addressed above

· 52.212-4 – Contract Terms and Conditions – Commercial Items

· It Explains Inspection/Acceptance, Assignment, Changes – Changes in Terms and conditions of contract must be done bi-laterally, your right to dispute, what is to be included in the invoices, the payment process, you are entitled to interest on late payments

· It explains the Government’s right to terminate the contract for convenience and for cause.

· Full text can be found in FAR online

· 52.222-43 – Fair Labor Standards Act and Service Contract Act – Price Adjustment

· This contract incorporates a wage determination, which states the minimum amount to be paid to employees.

· This clause is to mitigate the changes in cost caused by subsequent changes/revisions wage determinations that could not be foreseen by contractors.

· 52.223-4 – Recovered Material Certification

· The percentage of recovered materials content for EPA-designated items to be deliver or used in the performance of the contract will be at least the amount required by the applicable contract requirements.

· 52.232-18 – Availability of Funds

· States that all funds are not currently available for next FY for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds. Government has no legal liability for any payment until funds are made available to the CO and until the contractor is notified of these available funds by the CO. This is due to the budget being passed by congress every year. Although it is possible, we have never had a scenario occur where funding was not received. However, until congress appropriates funds the contractor is not allowed to conduct work.

· 252.201-7000 – Contracting Officer’s Representative

· CORs have been appointed under this contract and will be performing Quality Assurance on the contract on behalf of the Government and will be responsible for performing certain technical and administrative functions

· 252.204-7000 – Disclosure of Information

· Contractor shall not release to anyone outside the contractor’s organization any unclassified information unless given CO approval or it’s already public information. Similar requirement for subcontractors

CLAUSES/PROVISIONS – Incorporated By Full Text

· 52.212-2 – Evaluation – Commercial Items

· Technical & Past Performance – Significantly more important than price when being evaluated

· Price – Base + All Option Years (Offeror must submit price for base plus all options)

· 52.212-2 Addendum

· Initially, the government technical evaluation team shall evaluate the technical proposals on a pass/fail basis, assigning ratings of Acceptable or Unacceptable. The technical proposals shall be evaluated against the Mission-Essential Contractor Services Plan evaluation criteria

· Next, offers shall be ranked according to price, including all option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Pricing Schedule by the proposed unit price for each Sub Contract Line Item Number (SubCLIN) to confirm the extended amount for each. The offerors will be evaluated for balance, completeness, and reasonableness of the proposed evaluated price.

· Past Performance Evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in this solicitation based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall past performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Neutral Confidence.

· Relevancy Ratings -Very Relevant – Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires. Relevant – Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires. Somewhat Relevant – Present/past performance contractual effort involved some of the scope and magnitude of effort and complexities than this solicitation requires. Not Relevant – Present/past performance effort involved little or none any of the scope and magnitude of effort and complexities this solicitation requires.

· Recency – Only past performance occurring or ending within the last (5) five years of offer/proposal due date will be considered for recency. Any past performance occurring more than five years from offer/proposal due date shall be considered Not Recent.

· 52.212-3 – Offerors Representations and Certifications – Commercial Items

· If you have already completed the online registration into SAM and completed all representations/certifications in SAM, you’ll only need to complete Part b of this provision, which is basically a certification that you’ve completed the annual reps and certs electronically via the SAM website. If you do not complete your representations/certifications in SAM, you will need to complete this in its entirety and submit a hard copy with your proposal.

· 52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items

· Provides commercial terms and conditions as well as the required flow-down clauses in subcontracts for commercial items

· 52.217-9 – Option to Extend the Term of the Contract

· 60 Day Preliminary Notice and 15 Day Notice – before contract expires

· Government Maintains unilateral authority if these time lines are met. Becomes bilateral if missed.

· Total contract shall not exceed 5 years if all options are exercised

· Options provide an incentive to perform acceptably and are based on continued requirement need

· 252.219-7010 – Notification of Competition Limited to Eligible 8(a) Concerns

· Competition is limited to 8(a) firms, offeror must be an approved 8(a) firm at the time of submission of offer. No in process will suffice.

· 252.237-7023 – Continuation of Essential Contractor Services

· ISWM services has been deemed an essential service.

· 252-237-7024 – Notice of Continuation of Essential Contractor Services

This is the technical proposal.

· Contractor must provide a written plan describing how it will continue to perform services IAW DFARS Provision 252.237-7024, Notice of Continuation of Essential Contractor Services.

· Must also address this criteria:

· Challenges associated with maintaining essential contractor services during an extended event, such as a pandemic that occurs in repeated waves;

· The time lapse associated with the initiation of the acquisition of essential personnel and resources and their actual availability on site;

· The components, processes, and requirements for the identification, training, and preparedness of personnel who are capable of relocating to alternate facilities or performing work from home;

· Any established alert and notification procedures for mobilizing identified ``essential contractor service'' personnel; and

· The approach for communicating expectations to contractor employees regarding their roles and responsibilities during a crisis.

· Attachment 1 – Price List Attachment 2 –Performance Work Statement

Attachment 3 – Wage Determination 2015-5341 Revision 3 Attachment 4 – Past Performance Questionnaire

9. The CA answered the questions that were received prior to the conference then opened the floor to questions from attendees. Multiple questions were asked, documented and responded to. A full list of questions and answers can be found in the attached Q&A memorandum. The CA invited additional questions in writing to be submitted no later than 4:30 PM CDT, Friday, 17 March 2017. The full Q&A will be also be posted to FBO.

Prepared by:

CHRISTAIN ATES

Contracting Specialist

Reviewed by:

Attachments:

1. Pre-proposal Presentation Slides

2. Questions and Answers Memorandum

UNRIVALED GLOBAL REACH FOR AMERICA…ALWAYS!

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