SF30_SP452014R00030002.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NO.

See Block 14

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE SP4520 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

CODE FACILITY CODE

SP452014R0003

X

2014 JUN 23

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of OffersX is extended, X is not extended.

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

12. ACCOUNTING AND APPROPRIATION DATA (If required)

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A NAME AND TITLE OF SIGNER (Type or print)

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

16B. UNITED STATES OF AMERICA15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

(a) By completing Items 8 and 15, and returning

DLA DISPOSITION SERVICES J-761

MANNHEIMERSTRASSE

KLEBER KASERNE BLDG 3227 67657

D- KAISERSLAUTERN

15C. DATE SIGNED 16C. DATE SIGNED

D. OTHER (Specify type of modification and authority)

3. EFFECTIVE DATE

See Attached Continuation Sheet(s).

(X)

CHECK ONE

PAGE OF PAGES

9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

13. THIS APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CONTINUED ON NEXT PAGE

A. The purpose of this amendment is to answer prospect offeror’s questions as follows:

1. Page 8 Section 5 (i) – Hours of Operation. The Hours of Operation states 0730 through to 1600 hrs Monday to Friday. However the Receiving Services Page 23 Section 4 (e) (2) Lakenheath and (3) Mildenhall states hours are to be 0730 to 1630 hrs. Can you confirm which is correct, page 8 or page 23 for the required hours of operation?

Government’s Answer: Section I.B.2.(a)(5), Hours of Operation, has been revised to show 0730 to 1630 as the effective hours of operation of the contract. However, some locations require a different hours of operation, as it is for Receiving Services at RAF Mildenhall.

2. Page 19 Section 4(C)(2)i(C) – RAF Lakenheath – CLIN N62500. Please can you explain the meaning of the following sentence, as we are unsure of the requirement?

“The contractor shall conduct WMS at a minimum of 20% of the noted HWAPs. Deployments and installation operational tempo will allow for a 10% plus or minus deviation in the total number of HWAPs receiving WMS under this contract.”

This is similarly referred to on page 21 under Mildenhall CLIN N62650 (C ), “Attachment 7 identifies the anticipated locations of wastes managed/ received at the HWSAs and the HWAPs. Deployments and installation operational tempo will allow for a 10% plus or minus deviation in the total number of HWAPs receiving WMS under this contract. WMS at these HWAPs will include distribution and collection and labeling and/or affixing of labels/placards of waste containers.”

Government’s Answer: Per Attachment 7, there are approximately 75 HWAPs and 1 HWSA at RAF :Lakenheath. Of those 76 sites, approximately 20% will require service on a weekly basis. Furthermore, deployments, decreases and increases in output will make this number fluctuate approximately 10% of sites potentially requiring weekly service. The remaining 80% will require intermittent service. Specific building number locations are intentionally not provided due to these fluctuations in output. It is the responsibility of the contractor to determine service frequency based on these figures. For clarification, paragraph 4(C)(2)i(C) has been revised in this amendment.

3. Attachment 7 – Reference to Page 23 General. Attachment 7 should provide details of dates and times of Receiving Services, however this document only states facility details. Please provide dates and times of required Receiving Services.

Government’s Answer: The purpose of attachment 7 is only to provide information of the locations requiring service, not the hours of operation. Unless different hours of operation is given for a particular service, the hours of operation in section B.2(a)(5) applies for the performance of the contract. For clarification, see the revisions made in this amendment to section B.2.(a)(5), Hours of Operations, and B.4.(e), Receiving Services (United Kingdom).

4. Page 18 – Section B.4.(c)(2)i.(B) Feltwell. The document states that annual inspections are required for RAF Lakenheath and RAF Feltwell, please advise if there are any other services require for Feltwell?

Government’s Answer: RAF Feltwell will need transportation services under CLIN N60220. See section B.4.(f), Transportation Services, as revised under this amendment.

5. Section B.4.(e) Receiving Services. Lakenheath and Mildenhall require Receiving Services in addition to WMS. Times have been specified on Page 23, (2) Lakenheath Receiving Services CLIN N64750 and (3) Mildenhall

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SP452014R0003-0002

Receiving Services CLIN N64850. These times clash with the WMS requirements for both sites, does this mean an addition person is required for each site to cover the Receiving Services?

Government’s Answer: The foreseen contract is for non-personal services; therefore, it is the contractor’s responsible to determine the required number of employees needed to perform effectively (without any interruption of service) the contract’s requirement.

6. Schedule_Part_1_(UK)_-_Pricing_Submission_Spreadsheet . Waste Management Services N61000 to N63990 - The pricing document states that Waste Management Services are required on Alconbury, Lakenheath, Croughton, Menwith Hill and Mildenhall, however, the RFP_SP4520-14-R-0003 document does not state what these services are for Alconbury and Croughton. Please advise what the Waste Management Service requirements are for these sites?

Government’s Answer: Alconbury and Croughton are currently NOT requiring WMS. Therefore, CLINs N62450 and N62550 have been removed from Schedule Part 1 (UK) under this amendment.

7. CLIN N60220 and N60240 Shuttle Service. Please advise where the waste is coming from for both Lakenheath and Mildenhall for these CLIN’s? In addition, the pricing is for a 6 month period, please advise how this can be priced on a 6 month period when we would base it on a per collection basis, the number of collections has not been provided?

Government’s Answer: Hazardous wastes generated at RAFs Lakenheath and Feltwell (approximately 75 sites) will be transported and consolidated at RAF Lakenheath’s HWSA. Due to their proximity, RAF Feltwell is considered part of RAF Lakenheath. Based on the existing contract’s requirement, the frequency of transportation of waste from HWAP to HWSA at Lakenheath is multiple times per day and several times per week from RAF Feltwell to RAF Lakenheath. The number of months requiring transportation service has been changed to 18-month under this amendment. CLIN N60240 has been removed from the solicitation under this amendment (See answer to question 8, below).

8. CLIN N60240. Please confirm that the Accumulation Points will not include the HWAP’s as the RFP_SP4520-14-R-0003 Document, page 20 Section 4 (2) (iii) indicates that no transportation services are required for this installation between HWAP’s and HWSA’s.

Government’s Answer: CLIN N60240 (transportation services for RAF Mildenhall) is not expected to be ordered, therefore, it has been removed from this solicitation under this amendment.

9. CLIN N60220 and N60240 Shuttle Service. Please confirm that waste located at unidentified accumulation points will not be required to be taken on the UK public highway outside the security boundary of the respective bases. In addition, the pricing is based on a unit of measure of month. We view this service as being provided on a per service basis and the unit of measure would be each. If the unit of measure is correct please outline the requirement in more detail.

Government’s Answer: Transportation over public roadway will be necessary for the movement of hazardous wastes from RAF Feltwell to RAF Lakenheath (CLIN N60220). CLIN N60240 has been removed from the solicitation under this amendment (See answer to question 8, above). For clarification, Section B.4.(f) Transportation Services (United Kingdom), has been revised in this amendment.

10. Waste Management Services. Where waste as identified by the pricing schedule is received into an HWSA or managed as a result of WMS and / or receiving services will that waste be collected within the boundaries of the contract by us or our sub-contractors. If not please provide detail of wastes and locations where waste

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may be collected by third parties outside the framework of the contract. Please confirm whether our personnel and equipment will be required to service these collections.

Government’s Answer: The contractor shall perform only within the scope of the contract. Although we anticipate that the estimated amount of waste in the schedule will be removed under our contract, the generator of the waste has the prerogative to decide disposing of the waste (i.e. recycling waste streams) under their own separate contract (generator’s contract). Coordination and any cost incurred due to the removal/disposal of waste under the generator’s contract shall not impact our contract and shall be handled separately between the contractor and the waste generator. The contract is for firm-fixed price, therefore, the minimum the Government guarantees the contractor is a 10% of the estimated contract value of each period (See section C.13, Contract Minimum/Maximum).

11. TUPE. Are there TUPE implications for this contract? We believe this may apply for the new receiving services, or as the incumbent contractor, if we were to lose the contract to another bidder. Please see TUPE Regulations attached for your information.

Government’s Answer: Per our research TUPE is not applicable to the US Forces. DLA does not meet any of the applicable regulatory requirements found in the 2006 or 2009 amendment to the Transfer of Undertakings (Protection of Employment) Regulation. There is no relevant transfer in this case, nor is DLA or the US Forces a public or private undertaking as defined in the UK Companies Act 2006. As DLA and the US Forces are in the United Kingdom under a Status of Forces Agreement, we did not find any sources applying TUPE to the US.

Therefore, we conclude that TUPE is not applicable to this solicitation. We caution offerors that UK authorities may have another legal theory under TUPE that may attach to contractors instead of US Forces. We recommend they discuss the issue with competent UK solicitors to ensure they understand any possible applicability.

12. Is it correct that the amended form “Continuation of SF 1449, Block 20, Schedule of Supplies-Services, Amendment 1" ends at page 31?

Government’s Answer: The attached document to Amendment 1 -- “I. Continuation of SF 1449, Block 20, Schedule of Supplies-Services, Amendment 1” includes only the pages that were revised under Amendment 1. These pages are to replace the affected pages in the solicitation.

13. Reference to provision 52.215-9023 REVERSE AUCTIONS (OCT 2013) (DLAD), please can you advise whether a reverse auction will be used for this solicitation.

Government’s Answer: The use of reverse auctioning as the method for the submission of best and final proposals will be determined by the Contracting Officer after the solicitation closes.

14. Please can you advise whether we can arrange a site visit prior to submitting our proposal. We wish to see the current hazardous waste operation to assist with offering the optimum service to DLA.

Government’s Answer: Yes, site visits can be arranged. Please see DLAD 52.237-9003, page 60 and amendment 0001.

15. Is it mandatory to submit a response for Lajes Airfield, Azores?

Government’s Answer: No, it is not mandatory to submit proposals for both locations: Lajes Airfield, Azores or United Kingdom. At least proposals for one of these locations are required. Please see, in Addendum to

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52.212-01, Instructions to Offerors – Commercial Items, Notes to Offerors in page 47.

16. Could you provide us with the time frame for award and commencement of contract and if there will be an opportunity to present following any shortlisting?

Government’s Answer: Award of the contract/contracts is anticipated by 01 Oct 2014. For the commencement of the contract/contracts date(s) are provided in section 1, Scope of Work, page 4.

17. How many staff is required for the WMS activities? At Mildenhall there seems to be an overlap during the time for receiving bulk waste and manning the HWSA on Wednesdays, would this require 2 persons at the base during this time?

18. Government’s Answer: The contract is for non-personal services; therefore, it is the contractor’s

19. What sizes of containers are generally used (United Kingdom)?

Government’s Answer: 55-gallon bung and clip-top drums and smaller, also cages for WEEE and cylinders and wooden crates for some items, e.g. fluorescent tubes, and CBM boxes for batteries.

20. How much asbestos is received and how is it handled (United Kingdom)?

Government’s Answer: Not a large quantity, usually asbestos brake shoes or tiles, and it is double wrapped in plastic and placed in clip-top drums.

21. What type of materials are put in skips (United Kingdom)?

Government’s Answer: Used oil/waste oil absorbents.

22. Is a vehicle required for movement from HWAP to HWSA (United Kingdom)?

Government’s Answer: Yes, contractor would furnish equipment for transferring waste and loading/off-loading drums (truck with lift, pallet jacks, etc).

23. Do you have to weigh each container or just the pallet of containers (United Kingdom)?

Government’s Answer: Each container must be weighed separately, as pallet weight is not included in disposal weight.

24. Is there a scale available at Mildenhall and Lakenheath to weigh property (United Kingdom)?

Government’s Answer: Mildenhall has a scale at the HWSA that contractor can use, but it would be contractor responsibility to have it calibrated. RAF’s Lakenheath and Menwith Hill do not have scales available at the HWSA. Please refer to the contract’s terms and conditions about the use of Government’s property.

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25. Do you have to padlock containers (United Kingdom)?

Government’s Answer: Yes. See section B.2.(a)(4) Trailer and Security.

26. What are the frequencies of hazardous wastes removals and what is the lorry size used (United Kingdom)?

Government’s Answer: From Lakenheath removals average every 3-5 weeks and Mildenhall, every 4-6 weeks.

Usually it is a 40-ft container at the sites in UK, occasionally a 20-ft container is used. Lajes removals are approx. 1-2 per year. Croughton has approx. 2-4 per year, Welford approx. 1 per year, Fairford 2-4 per year, and Alconbury/Molesworth 4-6 per year. Really depends on mission and if there have been any spills.

27. What sizes are the tanks for bulk oil/fuel collection and what locations have bulk removals (United Kingdom)?

Government’s Answer: Various tank sizes ranging from 500 liters to 20,000 liters RAF’s Alconbury, Molesworth, Fairford, Welford, Croughton, Mildenhall, Menwith Hill, Lakenheath, Lajes all have bulk used oil and fuel removals. Frequency is periodically, most frequent bulk removals come from Lakenheath and Mildenhall, every month at Lakenheath and every two months at Mildenhall, depending on mission. Alconbury and Molesworth approx. 4 per year, Croughton approx. 2 per year, Fairford approx. 3 per year and Welford and Menwith Hill approx. 1 per year.

28. Which sites use the tank cleaning CLIN?

Government’s Answer: It has been used at Fairford and Alconbury.

29. The solicitation, for the Azores’ requirement, includes CLIN N6060C for 10 ft. SEAVAN MILVAN container;

however, these are unavailable in Azores. Recommend removing this CLIN from the solicitation.

Government’s Answer: Agree. N6060C has been removed under this amendment.

30. Section B.4.(c), Management Services (United Kingdom), paragraph (1) v. The contractor shall provide personnel trained and skilled in properly preparing and maintaining the required documentation and able to perform the additional services required in order to conduct WMS. WMS staffing levels shall be identified separately for each location. However, routine visits to each HWAP by contractor personnel to meet the generators needs as required, shall be executed by the contractor. This indicated that separate staff are required for each site in regards to the WMS, is this correct or can staff members be utilized on multiple sites?

Government’s Answer: Since the foreseen contract is for non-personal services, it is the contractor’s responsible to determine the required number of employees needed to perform effectively (without any interruption of service) the contract’s requirement, therefore, the following sentences have been removed from paragraph v. under B.4.(c), Management Services (United Kingdom) in this amendment:

“WMS staffing levels shall be identified separately for each location. However, routine visits to each HWAP by contractor personnel to meet the generators needs as required, shall be executed by the contractor.”

31. Section (c) Management Services (United Kingdom), paragraph (1) vi. The contractor shall provide, place and/or label/placard all containers to be used for waste collection or storage. All containers furnished by

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the contractor under WMS shall be provided at contractor expense, separate from the containers ordered under CLINs N67000 – N68200. Please could you advise what these “containers furnished by the contractor” separate from CLINs N67000 – N68200 might be?

Government’s Answer: See the note in section B.2.(a)(6), Drums and Removals, which reads as follows:

Note:* The words container and drum are used interchangeably throughout the contract. CLINs N67000 to N68200 Government pertain to the Government purchase/order of containers for use by the Government; not for use by the contractor as Government provided material or supplies. Containers purchased under these CLINs are solely for discretionary use by the Government and shall not be used for services where contractor provided containers are required under waste management services.

32. Section C.2(2) Additional WMS Requirements per Location i. RAF Lakenheath – CLIN N62500 – in this amended version of the document there are not times states as per the previous document, please advise?

Government’s Answer: When performance time/hours/days are not specified, then, B.2.(2)(5), Hours of Operation, applies.

33. Section C.2.(2) Additional WMS Requirements per Location, ii. Menwith Hill – CLIN N62600 and iii.

Mildenhall – CLIN N62650 – as per above no times are stated in this amended version, please advise?

Government’s Answer: When performance time/hours/days are not specified, then, B.2.(2)(5), Hours of Operation, applies.

34. Section E Receiving Services (3) Mildenhall Receiving Services: CLIN N64850 i. The contractor will receive waste at the HWSA (Building # 820) from Mondays through Fridays from 1300 to 1600, and at the waste oil accumulation point (Facility # 1585) on Wednesdays from 1000 to 1100. The contractor will also perform WMS at the HWSA and HWAPs on a daily basis, Monday through Friday from 0730-1630 hours, with an hour lunch break.

The contractor will use an Air Force-provided computer for preparation of electronic documents such as 1348-1As and the EESOH-MIS HW data tracking system. This amended version now implies that one member of staff can cover these services, is this correct?

Government’s Answer: The foreseen contract is for non-personal services; therefore, it is the contractor’s

35. 7. PERIOD OF PERFORMANCE, paragraph (g), Minimum Task Order Service Charge (UK Only): CLINs N60000 and N60100 shall be ordered in conjunction with a task order that does not meet the £1,000/€2,000 minimum requirement and the amount ordered on this CLIN shall be the difference of the actual task order and £1,000/€2000 respectively.

Section 13. CONTRACT MINIMUM/MAXIMUM, This is a firm-fixed price indefinite quantity contract. The minimum for the base period and each of the period options shall be _10__% of the estimated value of the period. The maximum for the base and each of the priced options shall be _200_% of the estimated value of the period.

We are unsure what this section is advising, please could you explain further?

Government’s Answer: Paragraph (g) in section C.7, Period of Performance, and section C.13, Contract Minimum/Maximum, cover different terms and conditions. Paragraph (g), Section C.7, Period of Performance, establishes the minimum service charge per each task order of £1,000/€2,000, and in the event that the removal of hazardous waste removal is less than this minimum, the task order would include CLINs N60000 and N60100.

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On the other hand, C.13, Contract Minimum/Maximum establishes the range in monetary value (based on the estimated contract value) the Government is allowed to place orders within each contract period. Hence, the contract minimum represents the guaranteed amount in value the Government is obligated to meet under the contract in each contract period, whereas, the maximum represents the total amount in value the Government can’t exceed in each contract period.

36. The Period of Performance gives 14 Calendar days for a removal from the Azores. The current contract for Azores includes 30 days, which is more appropriate. Please amend this time frame.

Government’s Answer: The solicitation has been revised to 30 calendar days to complete removal/service in Azores. In addition, the other periods of performance has been changed to include the days for Azores.

37. We cannot find fillable DLAD 52.233-9001, Disputes - Agreement to Use Alternative Resolution, which is required as part of offeror’s response as Volume I.

Government’s Answer: Fillable DLAD 52.233-9001, Disputes - Agreement to Use Alternative Resolution is available in page 60 of the solicitation.

38. The solicitation includes CLIN N6060C for 10 ft Sea Van for Azores, however, it is known this size of containers is very rare, therefore, can say they are not available. Recommend amending the solicitation to remove this CLIN.

Government’s Answer: Agree. CLIN N6060C has been removed from the solicitation under this amendment.

39. In Addendum to 52.212-01, Instructions to Offerors – Commercial Items, page 46, paragraph (b)(3)(ii)(A)3, that reads – “The complete DLA Disposition Services – Contractor Representative.”, appears repeated in page 47, paragraph (b)(3)(ii)(A)4d, that reads – “Paragraph C.2, Contractor Representative of the Performance Work Statement.

Government’s Answer: Agree. Therefore, paragraph (b)(3)(ii)(A)3 in page 46, that reads -- “The complete DLA Disposition Services – Contractor Representative.” is deleted from the solicitation under this amendment.

B. The following changes/revisions are hereby made to the solicitation:

1. CLINs N60240 and N62450 have been removed from Schedule Part 1 (UK) – Pricing Submission Spreadsheet.

2. The quantity in Schedule Part 1 (UK) – Pricing Submission Spreadsheet for CLIN N60220 has been changed from 6 months to 18 months.

3. CLIN N6060C has been removed from Schedule Part 2 (Azores) – Pricing Submission Spreadsheet.

4. Section B.2.(a)(5), Hours of Operations, paragraph i, has been revised.

5. Section B.2.(b)(10), Charges for Expedite, has been revised to include “Section C.7, Period of Performance.

6. Section B.4.(c)(2)i, RAF Lakenheath – CLIN N62500, paragraph (C), has been revised.

7. Section B.4.(c)(2)iii, Mildenhall – CLIN N62650, paragraph (C), has been revised.

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8. Section B.4.(d), Management Services (Azores), paragraph formatting has been corrected.

9. Section B.4.(d)(1), Management Services (Azores), paragraph vii, has been revised.

10. Section B.4.(e), Receiving Services, paragraph (1)i, (2)i, (3)i, have been revised.

11. Section B.4.(f), Transportation Services (United Kingdom), paragraph I, has been revised.

12. Paragraph (b)(3)(ii)(A)3 in Addendum to 52.212-01, Instructions to Offerors – Commercial Items, has been revised.

C. Attached solicitation replacement pages due to the above changes.

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Attachments

List of Attachments

Description File Name ATTACH.Replacement

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ATTACH.Replacement Page 21-24

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ATTACH.Replacement

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ATTACH.Replacement

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ATTACH.Replacement

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ATTACH.Schedule Part 1 (UK) - Pricing Submission Spreadsheet, Amendment 2

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ATTACH.Schedule Part 2 (Azores) - Pricing Submission Spreadsheet, Amendment 2

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