Solicitation - Base Seattle.pdf

REQUEST FOR QUOTATION (RFQ) 70Z08422QPTD00000

Refuse Collection Services for Base Seattle, Seattle, WA

Terms and Conditions

NOTICE TO OFFEROR

SOLICITATION NUMBER: 70Z08422QPTD00000

The Department of Homeland Security (DHS), United States Coast Guard (USCG), Director of

Operational Logistics (DOL) invites you to submit an offer via the Acquisition of Commercial Items and Simplified Procedures for Certain Commercial Items (cf. Federal Acquisition Regulation [FAR]

Part 12 and 13.5), to provide commercial Refuse and Recycling Collection and Disposal Services at

U.S. Coast Guard Base Seattle, Seattle, WA.

This requirement is being solicited as UNRESTRICTED/FULL AND OPEN COMPETITION.

The North American Industry Classification System (NAICS) code 562111 (Solid Waste Collection) applies to this request for quotation (RFQ), and its size standard is $41.5 million.

PLEASE CAREFULLY READ THE ENTIRE SOLICITATION AND COMPLETE ALL

REQUIRED DOCUMENTATION. SEE SECTION V – PROPOSAL SUBMISSION

INSTRUCTIONS FOR THE LIST OF WHAT IS REQUIRED TO BE SENT WITH YOUR

QUOTATION.

ALL AMENDMENTS TO THE SOLICITATION SHALL BE ACKNOWLEDGED IN WRITING.

Note: Only send questions/concerns to the Contract Specialist listed on the SF-1449 or, if not available, to the Primary Contracting Officer listed in this solicitation. DO NOT ask or submit questions/concerns regarding this solicitation to any other USCG or government personnel.

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program

It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation.

OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative

Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum.

Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer.

If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting

Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for reasons of unusual and compelling urgency or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR

33.103(e).

Formal protests filed under the OPAP program shall be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

The Ombudsman Hotline telephone number is (202) 372-3695.

TABLE OF CONTENTS

https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html https://www.acquisition.gov/far/index.html mailto:OPAP@uscg.mil

SECTION I – CONTINUATION PAGES FOR SF 1449………………………….…Page 05

SECTION II – CONTRACT CLAUSES, TERMS, AND CONDITIONS…………..Page 06

SECTION III – LIST OF ATTACHMENTS/EXHIBITS…………………………....Page 18

SECTION IV – SOLICITATION PROVISIONS…………………………………….Page 18

SECTION V – PROPOSAL SUBMISSION INSTRUCTIONS……………………...Page 23

SECTION VI – EVALUATION OF OFFER……………………………….……….. Page 26

SECTION VII – OFFEROR REPRESENTATIONS AND CERTIFICATIONS...…Page 28

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17(a-b), 23, 24, & 30(a-c)

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

70Z08422QPTD00000

6. SOLICITATION

ISSUE DATE

8 Nov 2021

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Yvett R. Garcia

b. TELEPHONE NUMBER (No collect calls)

Yvett.R.Garcia@uscg.mil

8. OFFER DUE DATE/

LOCAL TIME

29 Nov 2021

12:00pm PST

9. ISSUED BY CODE 84

U.S. Department of Homeland Security

USCG Director of Operational Logistics

Coast Guard Island, Bldg. 54-C

Alameda, CA 94501-5100

Attn: DOL-94

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100% FOR:

SMALL BUSINESS WOMEN-OWNED SMALL

HUBZONE SMALL BUSINESS (WOSB) ELIGIBLE

BUSINESS UNDER THE WOMEN-OWNED

SERVICE-DISABLED SMALL BUSINESS PROGRAM

VETERAN-OWNED EDWOSB

SMALL BUSINESS 8(A) NAICS: 562111

SIZE STANDARD: $41.5mil

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT

TERMS

Net 30

Other: ________________________

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

N/A

13b. RATING

N/A

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

Base Seattle, Seattle, WA

16. ADMINISTERED BY CODE 84

Same as Block 9

17a. CONTRACTOR/ OFFEROR (NAME / ADDRESS)

DUNS:

18a. PAYMENT WILL BE MADE BY CODE 51800

CO, (1224) USCG Finance Center

1430 Kristina Way

Chesapeake, VA 23326-1224

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

*Payments will be made by Electronic Funds Transfer (EFT)*

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

BELOW IS CHECKED

SEE ADDENDUM: SEE CONTINUATION PAGES FOR MORE

PAYMENT DETAILS.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The USCG has a requirement for refuse collection services for Base Seattle, Seattle, WA in accordance with the attached Performance Work Statement (PWS), its attachments, and this solicitation package.

See continuation pages for more details.

25. ACCOUNTING AND APPROPRIATION DATA (FOR GOVT USE ONLY)

WILL BE FUNDED IAW FAR 52.232-18 – AVAILABILITY OF FUNDS

26. TOTAL AWARD AMOUNT (FOR GOVT USE ONLY)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND

RETURN ONE (1) COPIES 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.

29. AWARD OF CONTRACT: REFERENCE __________________OFFER DATED

_______________. YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY

ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

SECTION I – CONTINUATION PAGES FOR SF 1449

Continuation of SF-1449 Block 15: Deliver To

Deliver To: USCG Base Seattle, Seattle (WA). See Performance Work Statement (PWS) for more details.

Place of Acceptance on behalf of the Government: USCG Base Seattle, Seattle, WA.

Continuation of SF-1449 Block 16: Administered By (Contract Management)

Notwithstanding the Contractor’s responsibility for total management during the performance of the contract, the administration of the contract will require maximum coordination between the

Government and the Contractor. The individuals listed below will be the Government points of contact during the performance period.

Contract Administration: The USCG Director of Operational Logistics (DOL), Simplified

Acquisitions and Utilities Division (DOL-94) will perform all contract administration.

Communications pertaining to contractual administrative matters shall be addressed to the Contracting

Officer (KO) or the Contract Specialist (KS). Changes in, or deviations from, the PWS or terms and conditions of the contract shall not be effected without written modification to the contract as executed by a DOL-9 KO.

The Contracting Officer’s Representative (COR) is a Government employee designated in writing by the KO to act as a technical advisor for the KO for services/items within the scope of the contract.

The COR performs functions such as review and/or inspection and acceptance of supplies and services and of a technical nature. A designation letter will set forth the name of the COR/CORs and the authorities and limitations of the COR(s) under the contract. This person does not have a warrant that provides the authority to contractually commit the Government or to modify any terms and conditions of a contract.

Continuation of SF1449 - Block 18b/Invoice Submission

“Electronic submission of Invoices is mandatory”

1. The Contractor shall submit a monthly invoice for services via the Invoice Processing

Platform (IPP) at https://www.ipp.gov/. IPP is a government-wide, secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Bureau of the Fiscal Service.

2. The Contractor shall attach a single PDF file no larger than 3MB as the official invoice.

3. Supporting documentation must be combined in a single PDF file or submitted to your contracting office separately via email. Supporting documentation must not exceed 999 https://www.ipp.gov/ pages.

4. A proper invoice shall have the following information clearly indicated on each invoice:

(i) Name and address of the Contractor; (ii) Invoice date and number (the Contractor is encouraged to date invoices as close as possible to the date of the mailing transmission);

(iii) Contract number, contract line item number and, if applicable the order number; (iv)

Description, quantity, unit of measure, unit price, and extended price of the items delivered or services performed; (v) terms of any discount for prompt payment offered;

(vi) Name and address of official to whom payment is sent; (vii) Name, title, and phone number of person to be notified in the event of a defective invoice; (viii) Taxpayer

Identification Number (TIN). The Contractor shall include its TIN on the invoice; (ix)

Electronic funds transfer (EFT) banking information; (x) DUNS number recorded on every invoice submitted.

5. If you have difficulties sending your invoice, contact the Finance Center’s Customer

Service Team at (757) 523-6940.

6. A copy of the Invoice and Supporting documentation shall also be e-mailed to the assigned contract specialist, COR, and DOL-94 invoice support personnel prior to or immediately after submitting your invoice to the IPP system as described above. Failure to do this may result in the delay of payment. These POCs will be given at time of award.

Continuation of SF-1449 Blocks 19-24: Schedule of Supplies/Services

See Attachment 1 for the Schedule of Services and Unit Prices for the offeror to fill out. The

Contractor shall price the services all-inclusive in accordance with the schedule, taking into consideration any cost of living increases and inflation for each additional year. The Contractor shall not escalate labor rates that are covered under wage determinations (exempt wages excluded) since, at each option year renewal, any updated wage determinations/amendments to collective bargaining agreement will be incorporated at which time the Contractor may request a wage adjustment in accordance with the Service Contract Labor Standards clauses/provisions of this contract.

SECTION II – CONTRACT CLAUSES, TERMS, AND CONDITIONS

Additional Full-Text Clauses:

FAR Clause 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor up to 10 calendar days prior to the end of the performance period.

FAR Clause 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within

30 calendar days of the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

FAR Clause 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors

(OCT 2021) (DEVIATION)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman

Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety

Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on

September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through

Frequently Asked Questions, as amended during the performance of this contract, for contractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https://www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition

Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of Clause)

FAR Clause 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): http://farsite.hill.af.mil/vmfara.htm

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

FAR 52.202-1 Definitions Jun-2020

FAR 52.203-3 Gratuities Apr-1984

FAR 52.203-12

Limitation on Payments to Influence Certain

Federal Transactions Jun-2020

FAR 52.204-4

Printed or Copied Double-Sided on

Postconsumer Fiber Content Paper May-2011

FAR 52.204-9

Personal Identity Verification of Contractor

Personnel Jan-2011

FAR 52.204-18

Commercial and Government Entity Code

Maintenance Aug-2020

FAR 52.204-24

Representation Regarding Certain

Telecommunications and Video Surveillance

Services or Equipment Oct-2020

FAR 52.204-25

Prohibition on Contracting for Certain

Telecommunications and Video Surveillance

Services or Equipment Aug-2020

FAR 52.212-4

Contract Terms and Conditions -- Commercial

Items Oct-2018

FAR 52.223-2

Affirmative Procurement of Biobased Products

Under Service And Construction Contracts. Sep-2013

FAR 52.223-3

Hazardous Material Identification and Material

Safety Data Alternate I (Jul 1995) Feb-2021

FAR 52.223-5

Pollution Prevention and Right-to-Know

Information May-2011

FAR 52.223-6 Drug-Free Workplace May-2001

FAR 52.223-10 Waste Reduction Program May-2011

FAR 52.223-17

Affirmative Procurement of EPA-Designated

Items in Service and Construction Contracts Aug-2018

FAR 52.225-13 Restriction on Certain Foreign Purchases Jun-2008

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

FAR 52.229-3 Federal, State, and Local Taxes Feb-2013

FAR 52.232-18 Availability of Funds Apr-1984

FAR 52.232-40

Providing Accelerated Payments to Small

Business Subcontractors Dec-2013 http://farsite.hill.af.mil/vmfara.htm http://farsite.hill.af.mil/vmhsara.htm

FAR 52.237-2

Protection of Government Buildings, Equipment and Vegetation Apr-1984

FAR 52.237-3 Continuity of Services Jan-1991

FAR 52.242-13 Bankruptcy Jul-1995

FAR 52.242-15 Stop Work Order Aug-1989

FAR 52.248-1 Value Engineering Jun-2020

HSAR 3052.211-70 Index for Specifications Dec-2003

HSAR 3052.222-70

Strikes or Picketing Affecting Timely

Completion of the Contract Work Dec-2003

HSAR 3052.223-70

Removal or Disposal of Hazardous Substances

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

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

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

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Homeland Security Acquisition

Regulation (HSAR) clause with an authorized deviation is indicated by the addition of

“(DEVIATION)” after the name of the regulation.

HSAR Clause 3052.212.70 Contract Terms and Conditions Applicable to DHS Acquisition of

Commercial Items (Sep 2012)

The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference:

(a) Clauses.

_X__ 3052.204-71 - Contractor Employee Access.

_X__ 3052.205-70 - Advertisement, Publicizing Awards, and Releases.

_X__ 3052.228-70 - Insurance.

_X__ 3052.242-72 - Contracting Officer’s Representative.

DHS Class HSAM Deviation, Limitation of Government’s Obligation

The following clause provides for incremental funding and is a deviation to HSAM 3032.702(e). It is applicable during the event of a continuing resolution to fund government operations enacted by

Congress until the regular appropriation is enacted. It would be applicable in this event during the base or any subsequent options years. In addition, written notice will be provided in specific contract modifications.

a. Contract line item(s) listed below are incrementally funded or fully funded as shown in the below table. For these item(s), the sum of $ * of the total price is presently available for payment and allotted to this contract. This funding table will be updated in each contract action that provides additional funds, if any. (Amounts below will be added by each incremental funding modification when issued)

CLIN CLIN Price

Currently Allotted

Funding

Funds Required for

Complete Funding

b. For item(s) identified in paragraph (a) as not fully funded, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement of authorized termination costs in the event of termination of those item(s) for the Government’s convenience, does not exceed the total amount currently allotted to the items not fully funded under the contract. The Contractor is not authorized to continue work on those item(s) beyond that point.

The total amount payable by the Government in the event of such termination of those contract line item(s) identified in paragraph (a) above includes costs, profit, and estimated/negotiated termination settlement costs for those item(s). The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the line items of the contract regardless of anything to the contrary in any other clause, such as the clause entitled “Termination for Convenience of the

Government” or paragraph (l) entitled “Termination for the Government’s Convenience” of the clause at FAR 52.212-4, “Commercial Terms and Conditions-Commercial Items.”

c. Notwithstanding paragraph (i) of this requirement, the Contractor will notify the Contracting

Officer in writing at least at least 30 calendar days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this contract. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract authorizing termination for the convenience of the government, such as the clause entitled

“Termination for Convenience of the Government” or paragraph (l) entitled “Termination for the

Government’s Convenience” of the clause at FAR 52.212-4, “Commercial Terms and Conditions-

Commercial Items.”

d. When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a), the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

e. The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a).

f. The termination provisions of paragraphs (a) through (i) do not limit the rights of the Government under the clause entitled “Default” or “Termination for Cause.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a). This clause no longer applies once the contract is fully funded.

g. Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government” or paragraph (l) entitled “Termination for the Government’s Convenience” of the clause at FAR 52.212-4, “Commercial Terms and Conditions-Commercial Items.”

h. Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

i. The parties contemplate that the Government will allot funds to this contract from time to time as the need arises and as funds become available. There is no fixed schedule for providing additional funds.

Contractor’s Releases.

The Government may require the Contractor to complete Contractor’s Releases (DHS Form 700-3 or an equivalent form) at the completion of the contract.

Other Government Contracts or Agreements:

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

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

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

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

Modification proposals – price breakdown:

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

Use of alcoholic beverages/drugs:

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

Contractor performance evaluations:

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

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

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

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

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

Regulation Part 3.104.

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

Safety:

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

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

Contractor Provided Containers.

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

Licenses and Permits.

The Contractor shall be responsible for obtaining any necessary licenses and permits (without any additional cost to the Government), giving all notice and complying with any applicable federal, state, local, and municipal laws, codes, ordinances, and regulations in connection with the business carried on under this contract. To include requirements for being part of the City of San Diego Franchise

Hauler List.

Compliance with applicable state and federal requirements:

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

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

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

Orders -- Commercial Items. (Sep 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

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

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-

78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate

I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun

2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section

743 of Div. C).

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

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

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

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

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

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

632(a)(2)).

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

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

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

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

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

_X_ (31) 52.222-37, Employment Reports on Veterans (Jun2020) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O.

13627).

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

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

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

8259b).

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

2020) (E.O. 13513).

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

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

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

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

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

_X_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

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

_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and

41 U.S.C. chapter 67).

This Statement is for information only. It is not a wage determination

_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter

67).

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

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

Employee Class Monetary Grade:

Refuse Collector - 99730 $28.89

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --

Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller

General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C.

chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

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

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Jun 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of

FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

SECTION III – LIST OF ATTACHMENTS

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

Attachment 2 - Performance Work Statement (PWS)

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

Attachment 4 - Quality Assurance Surveillance Plan (QASP)

Attachment 5 – Wage Determination 2015-5535, Rev 15

Attachment 6 – Map

SECTION IV – SOLICITATION PROVISIONS

FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference. (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): http://farsite.hill.af.mil/vffara.htm

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

Source Clause # Title Date

FAR 52.203-11

Certification and Disclosure Regarding

Payments to Influence Certain Federal

Transactions Sep-2007

FAR 52.203-18

Prohibition on Contracting with Entities that

Require Certain Internal Confidentiality

Agreements or Statements-Representation Jan-2017

FAR 52.204-16

Commercial and Government Entity Code

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

FAR 52.204-22 Alternative Line Item Proposal Jan-2017

FAR 52.209-2

Prohibition on Contracting with Inverted

Domestic Corporations--Representation Nov-2015

FAR 52.212-1 Instructions to Offerors -- Commercial Items Sep-2021

FAR 52.223-1 Biobased Product Certification May-2012

HSAR 3052.247-72 FOB Destination Sep-2012

FAR Clause 52.217-5 – Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement to determine the total evaluated price. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options will not obligate the Government to exercise the option(s).

(End of provision)

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

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

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

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

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

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

(D) Have [_], have not [_], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(2) Examples.

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

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

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

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

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

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

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to

Prosecution Under Section 1001, Title 18, United States Code.

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

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

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision.

The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

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

Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

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

(a) Definitions. As used in this provision—

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

Proceedings, Civilian Board of Contract Appeals…