FA5685-15-R-0001 _Base_Refuse_and_Disposal.pdf

39 CONS/LGC - FA5685 (FOREIGN)

39 UNCU KONTRAT SUBAYLIGI

BINA NO. 485 10.NCU TANKER

US KOMUTANLIGI

INCIRLIK/ADANA

90-322-316-8076

90-322-316-1090

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

35.5M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA5685-15-R-0001 30-Dec-2014

b. TELEPHONE NUMBER

903223168075

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 02 Feb 2015

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA5685

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE F2G3C2 16. ADMINISTERED BY

F2G3C2 39 CES/CECEP BASE CIVIL ENG

TAMMIE L. SISCO

39CES/CECEP BLDG 444 UNIT 7065

APO AE 09824

TEL: 90-322-3163754 FAX: 90-322-3161996

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

STEPHEN M.A. FRAY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

562111

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

F2G3C24125A001

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA5685-15-R-0001

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Main Base Collection

FFP

To provide refuse collection and disposal for the Main Base on Incirlik Air Base

IAW the Performance Work Statement for the period 1 May 2015 to 30 Apr

2016.

FOB: Destination

NSN: S205-15-125-A001

PURCHASE REQUEST NUMBER: F2G3C24125A001

SIGNAL CODE: A

NET AMT

0002 12 Months Military Family Housing Collection

FFP

To provide refuse collection and disposal for Military Family Housing on Incirlik

Air Base IAW Performance Work Statement for the period of 1 May 2015 to 30

Apr 2016.

FOB: Destination

NSN: S205-15-125-A001

0003 10 Each Special Event Dumpster

FFP

To supply, move, and pick-up special event dumpsters IAW the Performance Work

Statement for the period 1 May 2015 to 30 Apr 2016.

FOB: Destination

1001 12 Months OPTION Main Base Collection

FFP

To provide refuse collection and disposal for the Main Base on Incirlik Air Base

IAW the Performance Work Statement for the period 1 May 2016 to 30 Apr

2017.

1002 12 Months OPTION Military Family Housing Collection

FFP

To provide refuse collection and disposal for Military Family Housing on Incirlik

Air Base for the period 1 May 2016 to 30 Apr 2017.

1003 10 Each OPTION Special Event Dumpster

FFP

To supply, move, and pick-up special event dumpsters IAW the Performance Work

Statement for the period 1 May 2016 to 30 Apr 2017.

2001 12 Months OPTION Main Base Collection

FFP

To provide refuse collection and disposal for the Main Base on Incirlik Air Base

IAW the Performance Work Statement for the period 1 May 2017 to 30 Apr

2018.

2002 12 Months OPTION Military Family Housing Collection

FFP

To provide refuse collection and disposal for Military Family Housing on Incirlik

Air Base for the period 1 May 2017 to 30 Apr 2018.

FOB: Destination

2003 10 Each OPTION Special Event Dumpster

FFP

To supply, move, and pick-up special event dumpsters IAW the Performance Work

Statement for the period 1 May 2017 to 30 Apr 2018.

3001 12 Months OPTION Main Base Collection

FFP

To provide refuse collection and disposal for the Main Base on Incirlik Air Base

IAW the Performance Work Statement for the period 1 May 2018 to 30 Apr

2019.

3002 12 Months OPTION Military Family Housing Collection

FFP

To provide refuse collection and disposal for Military Family Housing on Incirlik

Air Base for the period 1 May 2018 to 30 Apr 2019.

FOB: Destination

3003 10 Each OPTION Special Event Dumpster

FFP

To supply, move, and pick-up special event dumpsters IAW the Performance Work

Statement for the period 1 May 2018 to 30 Apr 2019.

4001 12 Months OPTION Main Base Collection

FFP

To provide refuse collection and disposal for the Main Base on Incirlik Air Base

IAW the Performance Work Statement for the period 1 May 2019 to 30 Apr

2020.

4002 12 Months OPTION Military Family Housing Collection

FFP

To provide refuse collection and disposal for Military Family Housing on Incirlik

Air Base for the period 1 May 2019 to 30 Apr 2020.

4003 10 Each OPTION Special Event Dumpster

FFP

To supply, move, and pick-up special event dumpsters IAW the Performance Work

Statement for the period 1 May 2019 to 30 Apr 2020.

NOTICE TO POTENTIAL OFFERORS

Questions pertaining to this solicitation and its requirements are due no later than 04:00 PM EEST

(EASTERN EUROPEAN TIME), Monday, 19 January 2015.

In Accordance with FAR Part 6.101(a) and (b) Policy, this requirement is being solicited as Full and Open without exclusions.

DECA information

"Due to an established economic agreement between the United States Government and the Government of

Turkey, the U.S. Air Force intends to award this solicitation to a business concern within the country of

Turkey, as required by the Defense and Economic Cooperation Agreement, supplementary Agreement 3, Article VI. If it is discovered that the U.S. Air Force is not able to make award to a business concern within the country of Turkey, it reserves the right to make award to a business concern that is not within the country of Turkey."

Business concerns not within the country of Turkey should be aware of challenges associated with doing business in the Republic of Turkey. Challenges may include:

Turkey Social Security Tax (may be as high as 80%)

VISA

Turkey Residency Permit

Business certificates/licenses as required by the country of Turkey

Turkey requires a CE marking (European Union Standards/certification conformity) on all goods imported into the country

Customs clearance

Health Care insurance not provided by contract

U.S. base housing not provided

U.S. base support facilities not authorized/provided (i.e. medical, commissary, Base Exchange, fuel station, etc.)

Additional information may be found at: http://turkey.usembassy.gov/doing_business_in_turkey.html http://export.gov/turkey/doingbusinessinturkey/index.asp http://export.gov/turkey/doingbusinessinturkey/turkishstandardscemark/index.asp http://turkey.usembassy.gov/doing_business_in_turkey.html http://export.gov/turkey/doingbusinessinturkey/index.asp

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-MAY-2015 TO

30-APR-2016

N/A F2G3C2 39 CES/CECEP BASE CIVIL ENG

TAMMIE L. SISCO

39CES/CECEP BLDG 444 UNIT 7065

APO AE 09824

90-322-3163754

F2G3C2

0002 POP 01-MAY-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-MAY-2015 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-MAY-2016 TO

30-APR-2017

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-MAY-2016 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAY-2017 TO

30-APR-2018

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAY-2018 TO

30-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-MAY-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-MAY-2019 TO

30-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-MAY-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

Content Paper

MAY 2011

52.204-7 System for Award Management JUL 2013

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance JUL 2013

52.212-1 Instructions to Offerors--Commercial Items APR 2014

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2014

52.214-34 Submission Of Offers In The English Language APR 1991

52.214-35 Submission Of Offers In U.S. Currency APR 1991

52.217-5 Evaluation Of Options JUL 1990

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-25 Affirmative Action Compliance APR 1984

52.222-26 Alt I Equal Opportunity (Mar 2007) - Alternate I FEB 1999

52.223-10 Waste Reduction Program MAY 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

DEC 2012

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013

52.232-18 Availability Of Funds APR 1984

52.232-23 Assignment Of Claims MAY 2014

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-25 Limitation Of Liability--Services FEB 1997

52.249-4 Termination For Convenience Of The Government (Services)

(Short Form)

APR 1984

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

52.253-1 Computer Generated Forms JAN 1991

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

252.204-7000 Disclosure Of Information AUG 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

MAR 2014

252.215-7008 Only One Offer OCT 2013

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

252.225-7041 Correspondence in English JUN 1997

252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.233-7001 Choice of Law (Overseas) JUN 1997

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent

Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

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

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

Federal contracts and grants with total value greater than $10,000,000 means--

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

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

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

ADDENDUM TO 52.212-1

Addendum to FAR 52.212-1, Instructions to Offerors – Commercial Items (Apr 2014) GENERAL

INSTRUCTIONS:

THIS SECTION IS FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY

REMOVED FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY

REFERENCE.

Addendum to 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows: “The Offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers.”

ADDENDA TO 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS

A. To assure timely and equitable evaluation of the proposal, the Offeror must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub-factors. Failure to meet a requirement may result in an offer being ineligible for award. The response shall consist of three (3) separate parts:

PART I - Price

PART II - Technical

PART III - Past Performance

B. All parts may be mailed or delivered to 39 CONS, Attn: Ms. Faye Ritter/SSgt Ann Marie Bierman, 39th

Contracting Squadron, Unit 7053, APO AE 09824, building 485, Incirlik Hava USSU, Adana, Turkey. If proposals are hand delivered, they shall be delivered to building 485 and addressed to Ms. Faye Ritter/SSgt Ann Marie https://www.acquisition.gov/

Bierman. Proposals may be submitted electronically via e-mail to ann_marie.bierman@us.af.mil or lois.ritter.1@us.af.mil, but offerors are cautioned that Incirlik has very strict firewall protocols and the government will not be held responsible for untimely and incomplete receipt of proposals by email. If submitting proposal by e-mail, only submit one copy and the maximum size of email shall not exceed 4MB. Proposal can be split over multiple e-mails and if sending multiple e-mails, ensure subject line contains how many emails have been sent with the text to be used as follows: “E-mail X of Y” (1 of 4, 2 of 4, etc.) Proposals must be received no later than 1300

Eastern European Time (EET) 2 February 2015. Offerors should verify receipt of any mailed, delivered or e-mailed proposal with the Contracting point of contact.

C. Offerors should be aware that this is a Turkish Installation and that all access to this installation is granted by the

Turkish Air Force (TurAF). Therefore, SOME DELAYS SHOULD BE ANTICIPATED WHEN HAND

CARRYING PROPOSALS. The Offeror should allow sufficient time to arrive and submit the proposals to the

Contracting Office PRIOR to the set closing time. Late proposals will be processed in accordance with FAR 52.212-

1(f) “Late submission, modifications, revisions, and withdrawals of offers.” If gate access is not granted, please contact the CO (Ms. Faye Ritter at 676-8075) immediately. The Offerors are responsible for coordinating and processing gate pass requests in a timely manner. The United States Government (USG) shall not be held accountable for denied gate entry. Furthermore, Offerors must be aware that the duty day at Incirlik AB is Monday through Friday from 07:30 to 16:30. Also, Offerors need to exit the base by 16:30. This may require contractors to stop work, prepare to leave the base, and clean up prior to 16:30. Offerors are encouraged to take this into consideration when proposing a delivery or performance time. The USG shall not be responsible for delays due to in-processing or out-processing the base. Vendors that have problems entering the base can call the contracting office at 676-8075 for further assistance.

D. Evaluation factors and standards: The addendum to FAR Clause 52.212-1, INSTRUCTIONS TO OFFERORS

(APRIL 2014) provides information on the format and content of the proposal package and what items need to be submitted for each part. The FAR Clause 52.212-2, EVALUATION OF COMMERCIAL ITEMS (JAN 1999), provides a complete description regarding the evaluation factors for award.

E. The Contracting Officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the Contracting Officer will review this determination, and if in the Contracting Officer’s opinion, adequate price competition exists, no additional information will be requested.

However, if at any time during this competition the Contracting Officer determines that adequate price competition no longer exists; Offerors may be required to submit information to the extent necessary for the Contracting Officer to determine the reasonableness and affordability of the price.

F. Point of Contact (POC): The Contracting Officer (CO), Ms. Faye Ritter, is the primary POC for this acquisition.

Address any questions you have to the CO or Contract Specialist (CS). Written questions concerning the solicitation may be sent to SSgt Ann Marie Bierman, ann_marie.bierman@us.af.mil or Ms. Faye Ritter, lois.ritter.1@us.af.mil.

All questions must be submitted no later than 1500 EET 19 January 2015.

SPECIFIC PROPOSAL PREPARATION INSTRUCTIONS

H. The offeror shall prepare the proposal as set forth in the Proposal Organization Table below. The titles and contents of the volumes shall be as 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 set forth in this Section will be removed from the proposal and will not be read or evaluated and may render the proposal unacceptable.

Table 1.1 (Proposal Organization)

ELEMENT TITLE MAXIMUM #

PAGES

# OF COPIES

PART I Price No Limit One (1) signed original, and one (1) electronic copy (e-mail)

PART II: Forms, fill-ins, required information, documents, and records

Technical 20 One (1) signed original, and one (1) electronic copy (e-mail)

PART III Past Performance 15 One (1) signed original, and one (1) electronic copy (e-mail)

1. PART I – PRICE (EVALUATION FACTOR 1)

(a) Insert the proposed unit and extended prices in the CLIN Schedule. The proposal(s) must be submitted for a base period plus four (4) Option Years.

(b) Complete the necessary fill-ins and certifications in provisions. The provision FAR 52.212-3 shall be returned along with the proposal.

(c) All proposed prices shall be submitted in U.S. DOLLARS. Offers not submitted in the U.S. DOLLAR will not be considered for award.

(End of provision)

2. PART II – TECHNICAL (EVALUATION FACTOR 2) – Legibility, clarity and coherence are of great importance. Proposals will be evaluated against the technical approach sub-factors, as specified in paragraphs 2.1 and 2.2 below. All requirements specified in the solicitation are mandatory and by submitting a proposal, offerors are representing that their firm will perform all the requirements specified in the solicitation and PWS. It is not necessary or desirable to reiterate the requirements of the PWS.

SUB-FACTOR 1: MANAGEMENT PLAN - The Offeror shall provide a detailed management plan. This plan shall address the criteria in sections 1.0, 1.3, 1.3.7, 1.5.1, 1.5.4, 1.5.5, 1.5.7, and Appendix B of the PWS and needs to specifically outline how the offeror plans to manage the vehicle/personnel requirements over the course of this contract.

- This plan must also address specifically how the offeror plans to phase-in their company to meet the start date of 1

May 2015. This phase-in approach shall address at a minimum the following capabilities:

- The offeror must explain how they will adequately supply and sustain an operating vehicle fleet with employees that are capable of fulfilling the refuse and disposal services prior to a start date of 1 May 2015 and over the course of this contract.

- The offeror must adequately show the Government that they either have or will be able to provide the required garbage containers meeting the minimum criteria in paragraphs 1.3, 1.3.1, 1.3.7, and Appendix B of the PWS. All requirements shall be adhered to in the offeror’s plan. The offeror can detail these criteria through pictures, manufacturer specifications, detailed descriptions, or a combination of all three as long as they adequately address the Government’s requirement.

SUBFACTOR 2: QUALITY CONTROL PLAN – The offeror’s shall provide a quality control plan. This plan shall address the criteria in section 2.1.3 and the areas identified in paragraph 2, Service Summary. This includes a thorough explanation of the approach for planning, controlling, reporting and correcting quality issues that arise during the performance of the contract. The offeror shall ensure the approach provides a process for transparent quality management which will result in limited government oversight/intervention.

3. PART III – PAST PERFORMANCE (EVALUATION FACTOR 3) The offeror shall provide relevant and recent past performance up to five (5) contracts utilizing Attachment 3, Past Performance Questionnaire.

Relevant Past Performance Information is information that shows the offeror has performed the same or similar type of refuse and disposal requirement in both magnitude and scope of this solicitation.

Recent Past Performance Information. The offeror shall provide past performance information on previous and/or current contracts for refuse and disposal within the last five (5) years (from the date set for receipt of proposals).

The information for each contract or subcontract shall include the following:

i. Contracting Agency/Customer

ii. Contract Number (for subcontracts, provide the prime contract number and subcontract number)

iii. Contract Type

iv. Total Contract Dollar Value per Year and/or Total Amount

v. Date of Award

vi. Period of Performance

vii. Description of Requirement

viii. Contracting Officer’s Name or Commercial Customer Point of Contact, Telephone Number and E-mail address

Offerors will be evaluated on their past performance under recent and relevant contracts for support similar to this solicitation. Offeror shall ensure that Past and Present Performance Questionnaires are sent to up to five (5) past performance references. A listing of these references shall be included in the Past Performance Part III. Contractors shall instruct their references to submit all questionnaires directly to the Contracting Officer (CO) by e-mail to the

Contracting Officer at lois.ritter.1@us.af.mil or Contracting Specialist at ann_marie.bierman@us.af.mil by 1300 mailto:ann_marie.bierman@us.af.mil

Eastern European Time (EET) 2 February 2015. The Government will utilize the Past Performance

Questionnaire to evaluate the quality and extent of offeror’s past performance. Additionally, the Government may contact references other than those identified by the offeror. The Government may also review the Past Performance

Information Retrieval System (PPIRS), Contractor Performance Assessment Reporting System (CPARS) and/or other past performance information sources to obtain additional information that may be used in the evaluation of an offeror’s past performance.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award one 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) proposal utilizing FAR Parts 12 and 13. The Government may award without discussions; however, the Government reserves the right to conduct discussions if deemed in the

Government’s best interest.

The Evaluation Factors are:

I. Factor 1 - Price

II. Factor 2 - Technical

III. Factor 3 - Past Performance

i. Price: All offerors' proposed prices will be determined by multiplying the quantities by the proposed unit price for each Contract Line Item Number (CLIN) to confirm the extended amount and the total amount. The total evaluated price will include all option periods. FAR

52.217-8 will be evaluated by utilizing 50% of the final option period’s (CLINS 4001-4003) proposed pricing. The price evaluation will document the reasonableness and completeness of the total evaluated price.

Arithmetic Discrepancies: For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies as submitted by the offeror.

(A) Obviously 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;

(D) Apparent errors in extended prices per CLIN will be corrected.

ii. Technical: The Government technical evaluation team shall evaluate the technical proposals on an acceptable/unacceptable basis. Ratings will be assigned as follows:

TECHNICAL CRITERIA RATINGS

RATING DEFINITION

Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

Only those proposals determined technically acceptable will be considered for further evaluation.

In order to be considered awardable, there must be an “acceptable” rating in every non-price factor/sub-factor. If one subfactor is deemed “Unacceptable” then the entire technical factor is

“Unacceptable”. The proposal shall be evaluated against the following sub-factors:

1. Subfactor 1 – Management Plan. The offeror shall successfully demonstrate a clear understanding of the identified key areas as required in the Addendum to FAR 52.212-1

“Instructions to offerors-Commercial Items’ (Apr 2014). In order to be considered

“Acceptable”, the offeror’s proposed management plan must successfully demonstrate the following:

- The offeror shall successfully demonstrate a complete understanding of the vehicle, personnel and equipment requirements set forth within the PWS to satisfy the refuse and disposal requirements of this contract.

- The offeror shall successfully demonstrate the ability to provide garbage containers that meet the minimum requirements outlined within the PWS.

2. Subfactor 2 – Quality Control Plan. The offeror shall successfully demonstrate a clear understanding of the quality control requirements outlined in the PWS, paragraph. The plan will be evaluated by how well it demonstrates its ability to provide internal quality control, approach for planning, controlling, reporting and correcting quality issues that arise during performance of the contract.

iii. Past Performance. Past Performance will be evaluated based on subjective assessment of how well the offeror performed on past recent and relevant work, as outlined in Addendum to FAR Provision 52.212-1. Offeror must receive an Acceptable rating to receive an award.

This rating is based upon offeror-provided information, or information obtained from any other sources of past performance information, indicating performance of same or similar to

Refuse Collection and Disposal services 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 Past Performance information may be obtained from the following sources:

(A) Reference List (Please see details in the Addendum to FAR 52.212-1, Part II).

(B) Past Performance Questionnaires (PPQ).

(C) Past Performance Information available from other sources such as Past Performance

Information Retrieval System (PPIRS) or Contractor Performance Assessment Reporting

System (CPARS).

iv. Award Process: The Government intends to award to the lowest priced, technically acceptable offeror with an acceptable past performance rating. In accordance with 13.106-2(b)(3), the Government is not required to establish a competitive range, conduct discussions, or score offers. Consistent with simplified acquisition procedures, the evaluation process is as follows:

i. Price: The Government will evaluate all proposals for price, ranking the offerors from lowest to highest total evaluated price.

ii. Technical: The lowest priced proposal will then be evaluated for Technical

Acceptability. Proposals must be rated technically “Acceptable”. If the lowest priced offeror’s technical proposal is “Unacceptable”, the next low offeror’s technical proposal will be evaluated, continuing until an offeror with an “Acceptable” technical rating is identified.

iii. Past Performance: The lowest priced, technically “Acceptable” offeror’s past performance will be evaluated. The Government reserves the right that: If the lowest priced, technically “Acceptable” offeror’s past performance is determined to be

“Acceptable”, the evaluation process may stop and the award may be made to that offeror, pending an affirmative price fair and reasonable determination. However, if it is determined to be in the best interest of the government, the government will continue with the evaluation and reserves the right to enter into discussions any time during the evaluation process.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options, to include FAR 52.217-8, “Option to Extend Services”, 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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.

http://www.acquisition.gov/

"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, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United

States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue

Code at 26 U.S.C. 7874.

Manufactured end product means any end product in Federal Supply Classes (FSC) 1000-9999, except--

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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 stock of which 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 its stock is owned by one or more women; or

(2)…