A15_Attachment_2,_Amendment_01__Clauses_and_Provisions.pdf

CLAUSES INCORPORATED BY REFERENCE

52.203-2 Certificate of Independent Price Determination APR 1985 52.203-3 Gratuities APR 1984

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR 2014

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. JAN 2017

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 52.204-16 Commercial and Government Entity Code Reporting. JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance. JUL 2016 52.204-22 Alternative Line Item Proposal. JAN 2017

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities. JUL 2018

52.204-7 System for Award Management. OCT 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. FEB 2016

52.216-1 Type of Contract APR 1984 52.217-5 Evaluation of Options JUL 1990 52.225-13 Restrictions on Certain Foreign Purchases. JUN 2008 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. OCT 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. DEC 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 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. As prescribed in 203.171-4(b), insert the following provision: NOV 2011

252.204-7003 Control of Government Personnel Work Product. APR 1992 252.204-7006 Billing Instructions. OCT 2005 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. MAY 2016 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors. JAN 2018 252.217-7027 Contract Definitization DEC 2012 252.222-7002 Compliance with Local Labor Laws (Overseas). JUN 1997

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. SEP 2014

252.225-7001 Buy American and Balance of Payments Program. DEC 2017

252.225-7002 Qualifying Country Sources as Subcontractors. DEC 2017 252.225-7041 Correspondence in English. JUN 1997

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. JUN 2015

252.225-7048 Export-Controlled Items. JUN 2013 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. DEC 2018 252.232-7008 Assignment of Claims (Overseas). JUN 1997 252.232-7010 Levies on Contract Payments. DEC 2006 252.233-7001 Choice of Law (Overseas). JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. JUN 2013 252.243-7001 Pricing of Contract Modifications. DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES IN FULL TEXT

52.212-1 Instructions to Offerors - Commercial Items. OCT 2018

As prescribed in 12.301(b)(1), insert the following provision:

Instructions to Offerors-Commercial Items (Oct 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The

NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show- (1)The solicitation number;

(2)The time specified in the solicitation for receipt of offers;

(3)The name, address, and telephone number of the offeror;

(4)A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5)Terms of any express warranty;

(6)Price and any discount terms;

(7)"Remit to" address, if different than mailing address;

(8)A completed copy of the representations and certifications at FAR52.212-3 (see FAR52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9)Acknowledgment of Solicitation Amendments;

(10)Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11)If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f)Late submissions, modifications, revisions, and withdrawals of offers.

(1)Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i)Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and- (A)If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B)There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C)If this solicitation is a request for proposals, it was the only proposal received.

(ii)However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3)Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4)If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5)Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). 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 the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i)Availability of requirements documents cited in the solicitation.

(1) (i)The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to- GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978.

(ii)If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2)Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i)ASSIST ( https://assist.dla.mil/online/start/).

(ii)Quick Search ( http://quicksearch.dla.mil/).

(iii)ASSISTdocs.com (http://assistdocs.com).

(3)Documents not available from ASSIST may be ordered from the Department of Defense Single

Stock Point (DoDSSP) by- (i)Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii)Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii)Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4)Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).)

The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k)[Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1)The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2)The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3)The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4)A summary of the rationale for award;

(5)For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6)Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-1 ADDENDUM: Instructions to Offerors-Commercial Items. OCT 2018

This addendum replaces the below referenced paragraphs of the provision as follows:

(b)(4) TECHNICAL CAPABILITY- FACTOR I:

1. Subfactor One (1) - Past Experience:

The offeror shall submit evidence of at least two (2) cumulative years of contract performance from the issuance date of the solicitation (or the past experience of a joint venture partner or key subcontractor being intended to perform the solicited service , or instances where the offeror performed as key personnel or a key subcontractor) within the last five (5) years, where the offeror is/was responsible for performing the handling of hazardous waste and performing recycling collection tasks similar to those identified in the Performance Work Statement (PWS). Work must have been (1) for the removal of an amount equal to, or greater than, 2500 metric tons of recyclable material for above ground containers during contract performance, (2) handling and cleaning of multiple underground containers or *if no experience a plan to perform the handling and cleaning of underground containers, (3) and operation of recycling center.

The offeror’s information for each contract/subcontract shall include the following:

a. Name of contracting activity or commercial customer

b. Contract/Reference Number

c. Description of work performed

d. Performance Period

e. Quantities of material removed (in metric tons)

f. Number of Underground Containers handled

g. Number of Underground Containers cleaned

h. Contracting Officer or other Point of Contact to include current and correct telephone number and/or email address.

Offerors shall provide the above information, as formatted, on a 8.5 x 11 inch sheet (one sheet per reference), 11 pt font size, as evidence of at least one (1) but no more than five (5) recent (within the past 5 years from the issuance date of the solicitation) contracts, demonstrating a minimum of two cumulative (2) years of relevant contract performance. Relevant is defined as similar work performed IAW the PWS, dated 11 Feb 19.

*If the offeror has no experience handling underground containers (UC), a plan shall be submitted in lieu of no experience with the specific requirement for underground containers. The plan shall describe how the offeror intends to accomplish the handling and cleaning of all UCs listed in Appendix F of the PWS, dated 11 Feb 19. The plan shall be evaluated as part of the technical evaluation. At a minimum the plan shall address:

a. How the offeror will meet the requirements in PWS Para 1.1.1.9.

*Subfactor Two (2) Phase-in Plan: The offeror shall provide a phase-in plan that demonstrates the offeror’s capability to survey the area without interfering with the current contractor. The plan must demonstrate that the KMC Collection and Recycling Services can start on 01 Oct 19 and that the offeror will provide all requested above ground recycling containers and has the manpower and vehicles to have them all in place prior to 01 Oct 19. The phase in period shall start on approximately 01 Sep 19 and shall be completed 30 Sep 19 (with no additional cost to the US Government). The plan shall demonstrate how the offeror will coordinate with the Civil Engineering Squadron 786 CES/CEOES and the current contractor to accomplish a streamlined transition.

*Subfactor Three (3) Quality Control Plan: The offeror shall provide a Quality Control Plan that ensures the services are performed in accordance with the PWS and commonly accepted commercial practices. The offeror shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. At a minimum, the offeror shall develop quality control procedures addressing the performance objectives in Para 2, of the PWS, Services Summary (SS).

*Subfactor Four (4) Disposal Certification: The offeror shall submit current documentation from issuance date of the solicitation showing they are a certified company (Entsorgungsfachbetrieb) allowed to dispose in accordance with German law (Kreislaufwirtschafts-Gesetz).

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(b)(6) PRICE – FACTOR II: All offerors shall insert a unit price and total price on the Bid Schedule (Attachment 5) for the base year and all option years. The Historical Estimated Workload Data for the requirement is found in Appendix A of the PWS dated, 11 Feb 19. The extended amount/total price must equal the unit price multiplied by the CLIN quantity, as identified in the BID SCHEDULE. Only Euro currency offers shall be submitted.

(b)(9) Acknowledgement of solicitation amendments. If amendments are issued to the solicitation, the offeror shall acknowledge receipt and return a signed copy to the appropriate POCs, anja.steil.de@us.af.mil, or kelli.phillips.2@us.af.mil.

(b)(10) PAST PERFORMANCE – FACTOR III: Offerors shall reference up to five (5) recent (within the past five (5) years from the issuance date of the solicitation where the total performance must meet or exceed two cumulative years), and relevant similar work performed IAW the PWS, dated 11 Feb 19 with their proposal.

Each Past Performance reference should include:

Name of commercial customer or contracting activity Point of Contact (POC) name, valid phone number and valid email address Contract title/Contract identification number Location Annual Contract Value/Amount (Euro) and Total Contract Value/Amount (Euro) Number of Housing Units serviced Period of Performance Description of Requirement Verified, up-to-date name, address, email & telephone number of the contracting officer

The offeror shall complete sections A & B of the past performance questionnaire(s), Attachment 3.

Once Sections A & B have been completed, the offeror is responsible for sending to the commercial customer and/or contracting activity for completion of Section D. The government requires one (1) PPQ for each referenced contract. Past performance references of a joint venture partner or key subcontractor as intended to perform the solicited service, or instances where the offeror performed as key personnel or a key subcontractor will be accepted. If a joint venture partner or subcontractor is used the offeror, the offeror shall identify the percentage of work to be accomplished by the joint venture partner or subcontractor in the PPQ. Relevant is defined as similar work performed IAW the PWS, dated 11 Feb 19.

All PPQs shall be submitted to the POCs addressed in Section C of the PPQ, Attachment 3, no later than 3 Jun 19.

Any/all references received beyond the maximum number will not be evaluated and only the most recent (up to five) will be evaluated.

In the evaluation of Past Performance, the Government will consider the information received through the questionnaires, as well as other sources. The Government may also seek past performance information from other sources, such as but not limited to, the Past Performance Information Retrieval System (PPIRS).

The following paragraph has been added:

(b)(12), Proposal Organization:

The offeror shall prepare the proposal as set forth in the Proposal Organization Chart below. The titles and contents of the factors shall be defined in this table, all which shall be within the required page limitation and with the number of copies as specified. Pages exceeding the page limitations will be removed from the proposal and will not be read or evaluated and may render the proposal unacceptable. Offerors shall apply all appropriate markings to the proposal including those prescribed in FAR 3.104-4, Disclosure, Protection, and Marking of Contractor Bid or Proposal Information and Source Selection Information.

Table 1.1 Proposal Organization Chart

ELEMENT TITLE FONT & SIZE PAGES

FACTOR I TECHNICAL CAPABILITY

a. Subfactor One (1) - Past Experience

i. UC Plan (if applicable)

b. Subfactor Two (2) Phase-In Plan

c. Subfactor Three (3) Quality Control Plan

d. Subfactor Four (4) Disposal Certification

Times New Roman, 11 Pitch (pt)

FACTOR II PRICE** Attachment 5 Format

Attachment

FACTOR III PAST PERFORMANCE (not including Past Performance Questionnaires (PPQs)

Times New Roman, 11 pt

For Hand Deliveries- When hand-delivery is used, the offeror shall submit all factors in an electronic format using re-writable CDs/DVDs. No hard copies will be accepted. If files are compressed, the necessary decompression utility must be included. The electronic copies of the proposal shall be submitted in a format readable by Microsoft (MS) Word 2007, MS Excel 2007, MS PowerPoint 2007, as applicable and labeled.

Offers shall be submitted in no smaller than 11 pt font size, single-spaced. The page limitation for all FACTORs is inclusive of all material except: The front and back cover, title page, transmittal letters, tabs, and table of contents. Page size shall be 8.5 x 11 inches, or DIN A4, not including foldouts, 1 inch margin all-around. Any/all pages received beyond the limitation as identified in the above Proposal Organization Chart will not be evaluated. No material may be incorporated by reference. Each factor shall contain a table of contents. Tab indexing shall be used to identify sections. Elaborate formats, bindings or color presentations are not desired or required. These page formats also apply to responses to Evaluation Notices (ENs).

For Electronic Submission via email- the offeror will provide each factor as ONE DOCUMENT submitted in a format readable by Microsoft (MS) Word 2007, MS Excel 2007, MS PowerPoint 2007, as applicable and labeled. For Factor I (One), the offerer will provide separate documents for each subfactor- Past Experience, Phase-In Plan, and Quality Control Plan, and Disposal Certification.

Provide the below naming conventions for electronic submission of the factors:

Naming Convention:

FACTOR I (Past Experience)- Offeror Name

FACTOR I (Phase-In Plan)- Offeror Name

FACTOR I (Quality Control Plan)- Offeror Name

FACTOR I (Disposal Certification) – Offeror Name

FACTOR II- Offeror Name

FACTOR III- Offeror Name

**Complete pricing schedule of the solicitation, all CLINs including all option years as formatted in Attachment 5.

Graphics: Legible tables, charts, graphs and figures should be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays should be simple to understand, legible and should not exceed 11 x 17 inches, or DIN A3, in size. Foldout pages should fold entirely within the FACTOR, and each 11 x 17 inch surface containing information will be counted as two pages. Foldout pages should only be used for large tables, charts, graphs, diagrams and schematics; not for pages of text. For tables, charts, graphs and figures, the text should be no smaller than 8 pt. These limitations apply to both electronic and hard copy proposals.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers:

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(2)(i)(A) – Deleted.

(2)(i)(B). There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers for delivered hardcopy proposals.

If it was transmitted through an electronic commerce method authorized by the solicitation, it must be received in the POCs addressees’ email inbox no later than 7 Jun 19, at 14:00 hrs (2:00 pm) Central European Summer Time (CEST) on the proposal closing date and the addressees must be able to open the email and all attachments in a readable format (PDF, Microsoft (MS) Word 2007, MS Excel 2007, MS Power Point 2007, or later versions, as applicable). Offerors are cautioned to consider when submitting their proposal that (1) due to firewall issues some attachments may be stripped; and (2) some attachments are too big and may be blocked. It is the offeror’s responsibility to allow for sufficient time for the proposal to clear all of the Agency’s email servers. For the purpose of electronically transmitted proposal receipt, the proposal is determined to be “under the Government’s control” when it is in the addressee’s email inbox, no other Government point of entry, including all email servers, will be acceptable;

(h) Multiple awards Deleted.

(End of Addendum)

52.212-2 52.212-2 Evaluation Commercial Items. OCT 2014

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

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 is determined to be the lowest price technically acceptable (LPTA). The Government may award without discussions, reserving the right to hold discussions if deemed necessary by the CO. The following factors shall be used to evaluate offers.

FACTOR 1 – Technical Capability FACTOR 2 – Price FACTOR 3 – Past Performance

FACTOR 1 – Technical Capability: Offerors will be evaluated on written documentation provided in accordance with paragraph (b)(4) of the Addendum to FAR 52.212-1, Instructions to Offerors – Commercial. Technical acceptability is based on successfully meeting this requirement. The ratings applied to Technical Capability will be Acceptable or Unacceptable as follows:

TECHNICAL CRITERIA RATINGS

RATING DEFINITION

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

Offerors MUST receive an ACCEPTABLE rating in the below technical evaluation subfactors as addressed in (b)(4) in order to receive and an overall ACCEPTABLE rating for Factor 1, Technical Capability.

(i) PAST EXPERIENCE – SUBFACTOR ONE (1)

a. Description: This subfactor will assess the recency and relevancy of the offeror’s experience.

b. Measure of Merit: This subfactor is met when the offeror submits evidence, of at least two (2) cumulative years of contract performance within the last five (5)years from the issuance date of the solicitation, and an underground container plan (if applicable). The evidence must show that the offeror is/was responsible for performing the handling of hazardous waste and performing recycling collection tasks similar to those identified in the Performance Work Statement (PWS)dated 11 Feb 19. The work must have been (1) for the removal of an amount equal to, or greater than 2500 metric tons of recyclable material for above ground containers within the last five (5) years of contract performance,

(2) handling and cleaning of multiple underground containers, (3) and operation of a recycling center.

(ii) PHASE-IN PLAN – SUBFACTOR TWO (2)

a. Description: This subfactor will assess the adequacy of the offeror’s Phase-in Plan.

b. Measure of Merit: This subfactor is met when the offeror submits a Phase-in Plan that meets the criteria described in the Addendum to FAR 52.212-1.

(iii) QUALITY CONTROL PLAN – SUBFACTOR THREE (3)

a. Description: This subfactor will assess the adequacy of the offeror’s Quality Control Plan.

b. Measure of Merit: This subfactor is met when the offer submits a Quality Control Plan that meets the criteria described in the Addendum to FAR 52.212-1.

(iv) DISPOSAL CERTIFICATION – SUBFACTOR FOUR (4)

a. Description: This subfactor will assess whether the offeror possesses the current documentation from issuance date of the solicitation until award required to dispose in accordance with German law (Kreislauwirtschaftsabfall-Gesetz).

b. Measure of Merit: This subfactor is met when the offer submits current documentation from issuance date of the solicitation showing they are a certified company (Entsorgungsfachbetrieb) allowed to dispose in accordance with German law (Kreislaufwirtschafts-Gesetz).

FACTOR 2 – Price Evaluation: Offerors will be evaluated on the TOTAL CONTRACT PRICE resulting from the total amounts of all CLINs for the base year and all the CLINS for the option years submitted on the Bid Schedule (Attachment 5) and the option price pursuant to FAR Clause 52.217-8, Option to Extend Services, which is 50% of the price proposed for the last option year. All offers must include unit prices and total amounts for all CLINS. The proposed “unit price” will be used to validate the extended amounts. Unbalanced prices may serve as a basis for rejection of the proposal. Failure to include all prices will exclude the offer from further consideration for award. The price evaluation will document the reasonableness and completeness of the total evaluated price. Prices will be evaluated for fair and reasonableness total evaluated price IAW FAR 15.305(a)(1) and 15.404-1 and pricing instructions at Addendum 52.212-1(b)(6). Only EURO currency offers will be evaluated.

(i) Arithmetic Discrepancies. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the bidding schedule as submitted by the offeror.

a. Obvious misplaced decimal points will be corrected;

b. Discrepancy between unit price and extended price, the unit price will govern;

c. Apparent errors in extension of unit prices will be corrected;

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d. Apparent errors in extended prices per CLIN will be corrected.

e. Rounding for the unit price shall be limited to 2 digits after the decimal. The Government will rely on the unit price, as proposed by the offeror, multiplied by the (estimated) quantity to correct any apparent arithmetic discrepancies in the (Estimate) Amount for each CLIN. The totals calculated by resolution of the arithmetic discrepancies listed above will represent the total evaluated price.

These procedures will not be used if the total evaluated price displaces the low offeror. Discussions may then be conducted.

FACTOR 3 – Past Performance: Past Performance will be evaluated based on how well the offeror performed on recent and relevant work, as outlined in Addendum to FAR Provision 52.212-1, paragraph (b)(10). For the purpose of assessing acceptable performance, ratings S (Satisfactory), G (Good) and E (Exceptional) assigned on the PPQs (Attachment 3) will be considered “Acceptable”. M (Marginal) and U (Unsatisfactory) will be considered “Unacceptable”. The rating is based upon offeror-provided references, received PPQs, or information obtained by the Government from any other sources of past performance information. Offeror must receive an “Acceptable” rating to receive an award, as follows:

PAST PERFORMANCE

RATING DEFINITION

Acceptable Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown (see note below).

Unacceptable Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

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. In the context of acceptability/unacceptability, “Unknown” shall be considered “Acceptable.”

The following information has been added to Para (a):All proposals will be evaluated for technical acceptability. The Government intends to award to the lowest priced, technically acceptable offeror with an acceptable past performance rating. The Government reserves the right to hold discussions at any point during the evaluation. The evaluation process is as follows:

(i) Technical: All proposals will be rated for technical acceptability. The proposal must obtain an “Acceptable” rating for all technical subfactors in order to be determined technically acceptable.

(ii) Price: All proposals determined to be technically “Acceptable” will be ranked by price, lowest price to highest price.

(iii) Past Performance: The lowest priced, technically “Acceptable” offeror’s past performance will be evaluated. The Government reserves the right:

a. if the lowest priced, technically “Acceptable” offeror’s past performance is determined to be “Acceptable”, the evaluation process will stop, and the award will be made to that offeror.

b. if the lowest priced, technically “Acceptable” offeror’s past performance is determined to be “Unacceptable”, the Government will evaluate past performance of the next lowest priced, technically acceptable offeror. This process will continue, as needed, until an offeror is rated ”Acceptable” for past performance.

(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. - (Alternate I)

OCT 2018

As prescribed in 12.301(b)(2), insert the following provision:

Offeror Representations and Certifications-Commercial Items (Oct 2018) 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 (u)) of this provision.

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

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.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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- 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 veteransor, 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 with13 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 at13 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 CFR124.104(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 Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term successor does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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 small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part127), 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.

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 least51 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.

(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 applicable to the NAICS code 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 (u) 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 will 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.

(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 CFR124.1002.

(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.

(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.

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

(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…