W15QKN-18-Q-1021_-_Solicitation,_Barnes_Refuse.docx

W15QKN-18-Q-1021

Section SF 30 - BLOCK 14 CONTINUATION PAGE

INSTRUCTIONS TO OFFERORS

1. The purpose of this solicitation W15QKN-18-Q-1021 is to procure Refuse Removal and Solid Waste Management Services in support of the U.S. Army Garrison (USAG), Fort Devens. Services shall be performed at the Barnes Federal Building located at 495 Summer Street, Boston MA 02210. The period of performance for this effort shall be a 12-month base period and two 12-month option periods from the date of contract award.

2. The Government intends to award a single, firm-fixed-price contract resulting from this solicitation.

This Procurement is set-aside 100 % for Small Business. The applicable NAICS code is 562111.

3. All services shall be performed in accordance with the Performance Work Statement.

4. All quotes are due to the contract specialist, Colleen Moore, via email at colleen.m.moore18.civ@mail.mil, no later than 11:00 am (EST), February 5, 2018.

5. Contractor quotes must include the following:

a. Unit and extended pricing for all Contract Line Item Numbers (CLINs) for the base and all option periods found in the SF 1449 (continuation sheet) of this solicitation.

b. The name, title, address, email and telephone number of the company Point of Contact regarding business decisions made with respect to the quote and who can contractually obligate the company.

c. The CAGE, DUNS and tax idendification number of the company as well as any small business or socio economic concerns (HUBZone Certified, Woman Owned Small Business, etc).

d. Complete blocks 12, 17 and 30 of the SF1449 as well as any amendments. In doing so, the offeror accedes to the contract terms and conditions as written in the solicitation.

6. The offeror must be registered in the System for Award Management (SAM) in order to be eligible for award. For information or registration instructions, visit https://www.sam.gov/.

7. See Federal Acquisition Regulation (FAR) Clause 52.212-1, "Instructions to Offerors -- Commercial Items" and FAR Clause 52.212-4, “Contract Terms and Conditions - - Commercial Items” for additional information regarding Contract Terms and Conditions.

8. Method of payment for this contract will be Wide Area Workflow (WAWF). Contractors must self-register for WAWF at https://wawf.eb.mil.

9. AN OFFICIAL SITE VISIT IS SET UP FOR TUESDAY, 1/30/2018 at 9:00 am AND THURSDAY, 2/1/2018 at 9:00 am. A SITE VISIT IS ENCOURAGED. TO SCHEDULE AND COORDINATE A SITE VISIT ON ONE OF THESE DATES PLEASE CONTACT FACILITY POC: FRED HEINRICI, manfred.w.heinrici.civ@mail.mil, 978-796-2070.

Offerors who plan to attend should email a list of attendees to include company name, visitor names, visitor driver's license numbers and state of issue, and vehicle information (make/model/license plate number) to Fred Heinrici at manfred.w.heinrici.civ@mail.mil and cc Colleen Moore at colleen.m.moore18.civ@mail.mil. Unless you already have a permanent vehicle pass, you will be required to obtain a one-day vehicle pass. Visitors must have driver's license or state issued ID and proof of auto insurance for entry. You will be required to present the following information: (1) vehicle registration, (2) valid driver’s license, (3) or car rental agreement (if applicable).

Please be cautioned that the Government will not wait for anyone who is late or lost and will not hold another site visit. Remarks, explanations and answers provided by Government representatives before, during and after the site visit shall not change or qualify any of the terms or conditions of the solicitation. The solicitation can only be changed by a formal written amendment issued by the Fort Dix Contracting Office.

10. Questions regarding this solicitation shall be submitted to the contract specialist Colleen Moore, via email at colleen.m.moore18.civ@mail.mil no later than 1:00 PM EST Thursday, 1 February 2018.

11. The Government may award a contract on the basis of initial quotes received, without discussions. Therefore, each initial quote should contain the quoter's best terms. The Government reserves the right to conduct discussions if later determined necessary by the Contracting Officer. In the event revised quotes are requested, the quoter shall submit a complete replacement quote. Failure to submit any information requested by the solicitation may be cause for unfavorable consideration.

12. Wage Determination WD 15-4047 (Rev.-5) Dated 12-26-2017 is incorporated into this solicitation

13. All offers shall remain valid for 120 calendar days.

14. Basis for Award:

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factors for evaluation: Capability Statement and Price:

Capability Statement – All offerors must submit a Capabilities Statement which states how you will meet the requirements of the PWS along with any references. The Government reserves the right to use other systems to review or verify past performance.

Price: Lowest overall price

FAILURE TO SUBMIT THE CAPABILITIES STATEMENT WILL RENDER YOUR PROPOSAL UNACCEPTABLE.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

CONTRACT ADMINISTRATION

Inquiries concerning all contractual actions after award shall be directed first to the Contract Specialist. In their absence, please contact the Contracting Officer.

Changes: The Contract Specialist shall incorporate all changes and other administrative actions to the contract as directed and authorized by the Contracting Officer.

CONTRACT SPECIALIST: Colleen Moore

(609) 562-6655 colleen.m.moore18.civ@mail.mil

CONTRACTING OFFICER: Jeffrey L. Zeichner

(609) 562-6575 jeffrey.l.zeichner.civ@mail.mil

CUSTOMER: U.S. Army Garrison Fort Devens Director of Public Works POC Raymond A. Prisk

(978) 796-3665 raymond.a.prisk.civ@mail.mil

FACILITY POC: Manfred Heinrici Master Planner-Building Manager

(978) 796-2070 manfred.w.heinrici.civ@mail.mil

PERFORMANCE LOCATION: Barnes Federal Building 495 Summer Street Boston, MA 02210

PERIOD OF PERFORMANCE: 12-month base period and two 12-month option periods

DISCLOSURE OF UNIT PRICE INFO

DISCLOSURE OF UNIT PRICE INFORMATION

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FOR

REFUSE REMOVAL AND SOLID WASTE MANAGEMENT SERVICES

AT THE

BARNES FEDERAL BUILDING

495 SUMMER STREET

BOSTON MA 02210

PREPARED BY

U.S. ARMY GARRISON FORT DEVENS

31 QUEBEC STREET

DEVENS, MA 01434

PWS NO. PWB-40302-8S 18 JANUARY 2018

1. DESCRIPTION OF SERVICES

The contractor shall provide all include all labor, transportation, equipment, materials, supplies, management, coordination, and supervision required to provide refuse removal and solid waste management services including the collection of municipal solid waste (MSW) and recyclables at the Barnes Federal Building, 495 Summer Street, Boston MA 02210. The contractor shall perform to the standards in this contract in accordance with all State and Federal regulations governing the handling and disposition of non-hazardous waste and recyclable materials.

REFUSE REMOVAL AND SOLID WASTE MANAGEMENT - US ARMY BARNES BUILDING, BOSTON MA

2. DEFINITIONS

2.1 Municipal Solid Waste (MSW) – Mixed, non-liquid, non-hazardous solid waste of the type generally generated by residential and commercial activities.

2.2 Recyclables – Materials diverted from mixed waste streams that can be reused to generate new marketable products. For the purposes of this contract, there are four different segregations of waste intended for recycling.

2.2.1 Metals – both ferrous and nonferrous including sheet, plate, shapes, bar, pipe, wire, castings and forgings

2.2.2 Construction and Demolition (C&D) Debris – including varying proportions of wood, wood products, gypsum wall board, roofing, brick, block, furniture, insulation (non-asbestos) and not easily-separable metals. For the purposes of this contract, this category shall also include other materials that are non-MSW, non-liquid and non-hazardous materials not elsewhere classified in this specification.

2.2.3 Cardboard – including corrugated paper food and merchandise containers.

2.2.4 Mixed Recyclables – including office paper, magazines catalogs; glass, paper and plastic containers, and cans. This material will not generally contain significant quantities of materials separable into the recycling streams listed above. It will not contain appreciable quantities of food or plant waste.

2.3 KO – Contracting Officer

2.4 COR – Contracting Officer’s Representative

2.5 CY – cubic yard

2.6 Special Waste – Universal hazardous waste, controlled waste, other wastes that required special handling or segregation such as fluorescent lamps, CRTs, tires, and mattresses. Hazardous and State controlled wastes that require a manifest or bill of lading is not included.

3. COLLECTION REQUIREMENTS

3.1 Refuse Removal. The contractor shall provide and service one 35 CY compactor for MSW. The waste shall be picked up weekly. Disposal of the waste within the compactor will be paid based upon the weight. Contractor shall provide weigh slips from certified scales. When the contractor completes service at a location there shall be no litter, waste, and recyclable material on the ground within a 10 foot radius of the container.

3.2 Municipal Solid Waste shall be disposed of at licensed, waste transfer stations, at licensed landfills or incinerated at licensed waste-to-energy plants.

3.3 Bulk Nonhazardous Solid Waste. The contractor shall provide one 30 cy container for the disposal of nonhazardous solid waste. The waste shall be either Municipal Solid Waste or Construction and Demolition Waste. The COR shall contact the contractor for pickup. The contractor shall respond within 24 hours of notification from the KO or COR.

3.4 Materials not part of the normal waste or recycling stream such as fluorescent lamps, CRTs, mattresses, tires, and other universal wastes will be disposed of a special waste. This service will be done on a on-call basis. The Contractor will provide a covered container for the disposal of these items when requested. The wastes will be segregated in accordance with instructions from the Contractor. The contractor will paid by weight for the disposal. The disposal of hazardous and other State-controlled wastes that require a manifest or bill of lading are not included.

3.5 Inclement Weather Schedule. The contractor shall collect MSW, organics, and recyclable material during periods of inclement weather. In cases of severe weather, the KO or COR may authorize exceptions. When exceptions are granted, all missed collections shall be performed within 24 hours after the severe weather has ceased, unless the KO authorizes additional time.

3.6 Maintaining Containers and Collection Area. The contractor shall return all containers to their original location after servicing, in an upright position with the lids closed and securely in place. The contractor is responsible for cleaning up any spills, debris, etc., on the ground within ten feet of the container when servicing a location. The contractor shall collect debris placed at collection stations; for example, tree branches, sacks, cartons, boxes, cans, tied bundles, or other containers. It is intended that the majority of debris will be placed in containers. The contractor shall notify of locations where debris is frequently placed outside of containers so may notify facility managers and, if necessary, the contractor can adjust the container size or pickup frequency with Contracting Officer approval. The contractor shall be responsible for keeping collection areas free of solid waste and debris.

3.7 Weighing of Vehicles. All vehicles used in the collection of MSW, C&D, Metal and recyclable materials shall be weighed on state certified vehicle scales. For regularly scheduled MSW collections, the contractor will provide a dedicated vehicle. For non-scheduled dumpster pickups, loads may be combined from off-site to allow for an economic load. In the case of such mixed loads the contractor shall make an estimate of the weight of materials picked up at the Barnes Federal Building. For recycling pickups, estimates of the weight of each recycling stream will be acceptable. The contractor will provide weight receipts for all rolloff loads annotated with the type of material in the container as well as the pickup location at Barnes Federal Building. The contractor shall submit a monthly report that includes weight tickets that reflect the disposed tonnage figures, date of disposal, and type of vehicle

3.8 Waste Disposal Sites. The contractor shall transport and dispose of all waste or recyclables at a permitted or licenses off-site transfer, recycling or disposal site. No materials may be detained or restaged at the Barnes Federal Building. A copy of the operating permit(s)/licenses for the transfer/disposal facility(ies) to which waste and recyclable materials are transported shall be provided to the COR within 30 days of the start of the contract performance period. The contractor shall transport organic and recyclable commodities to an off-site material recovery facility. The contractor is responsible for disposal being in accordance with existing local, state, and federal regulations.

3.9 Disposal of Non-Marketable Materials. Disposal of non-marketable materials from processing recyclable materials at an off-site facility shall be the responsibility of the contractor. This includes any recyclable material rejected for any reason. Contractor shall inform the KO or COR what material was rejected and reason for rejection.

3.10 Hours of Operation. The Contractor shall perform the services required under this contract between 7:00 am – 5:00 pm Monday – Friday. Collection operations outside of these hours shall require prior approval by the KO.

3.10.1 Federal Holidays.

For Federal Holidays, the contractor shall provide the service on the next work day. The following Holidays are observed:

New Year’s Day - 1 January Martin Luther King Day - 3rd Monday in January President’s Day - 3rd Monday in February Memorial Day - last Monday in May Independence Day - 4 July Labor Day - 1st Monday in September Columbus Day - 2nd Monday in October Veterans Day - 11 November Thanksgiving Day - 4th Thursday in November Christmas Day - 25 December

4. CONTRACTOR PERSONNEL

4.1 Contractor shall ensure that employees have current valid and appropriate operator’s licenses for the equipment they operate. They shall be required to have all current training required to operate their vehicles in a legal and safe manner. They shall participate in an active safety program.

4.2 Operators must have badges or other contractor ID that identifies them as contractor representatives.

5. CONTRACTOR EQUIPMENT

5.1 Vehicles. Vehicles shall be prominently marked.

5.2 Equipment Maintenance. The contractor shall maintain all their containers, ensuring they are free of unpleasant odors, dirt, debris, and pests. All containers must remain in good, workable condition, with no leaks and be easily accessible to customers. The contractor shall perform all cleaning, painting, repair and other maintenance tasks off-site. Trucks and trailers used for hauling and collecting shall be free of odor, dirt, debris, and pests. Contractor vehicles and equipment shall not have any waste or equipment leaks such as oil or hydraulic fluid. Should any contractor vehicles or equipment have any leaks, the contractor is responsible for cleanup.

6. ENVIRONMENTAL PROTECTION

6.1 Under no circumstances will the contractor transport hazardous waste on or off Federal Property. The contractor will not be required to dispose of hazardous waste under this contract. If the contractor discovers hazardous materials in any material left for pickup, he must immediately desist from loading or transporting such material and make an immediate report to the Barnes Building Facility Manager at 617-753-4860 and the Fort Devens Environmental Division at 978-796-2565.

6.2 Any release of oil, hazardous waste, or hazardous substance at the Barnes Building shall be reported to the Barnes Building Facility Manager at 617-753-4860 and the Fort Devens Environmental Division at 978-796-2565.

6.3 Any release of oil or hazardous substance as a result of the contractor’s equipment malfunctioning shall be immediately cleaned up by the contractor. All contractor vehicles will be required to carry spill cleanup equipment for such immediate response. If such a spill occurs the contractor must notify the COR and the Fort Devens Environmental Division at 978-796-2565. In the event that spills exceed reportable quantity thresholds, they must immediately be reported to both the Barnes Building Security Office at 617-753-4117 and the Fort Devens Environmental Division at 978-796-2565.

6.4 Any costs or delays from spills due to equipment malfunction or operation and the necessary cleanup or containment shall be borne by the contractor. The contractor will be responsible for providing replacement vehicles and maintaining pickup schedules.

6.5 The contractor shall be responsible for providing certification of the proper disposal of spilled materials and absorbents.

6.6 In addition to any required licenses, contractor and subcontractor personnel performing work at Fort Devens shall have sufficient environmental training to be able to recognize and initially respond to conditions that endanger the environment.

7. REPORTS

7.1 Five (5) calendar days prior to start of contract performance, the contractor shall establish initial vehicle routes and collection schedules upon contract award. These are to be submitted to the Contracting Officer (KO).

7.2 Five (5) calendar days prior to start of contract performance, the contractor shall provide the names of all recycling and disposal facilities he intends to use during the life of the contract along with any State or Federal certifications, licenses or permits granted to these facilities. Where waste-to–energy facilities are used, he must provide identification of the ultimate disposal facilities handling the ash or residue. These are to be submitted to the Contracting Officer (KO).

7.3 The contactor will provide a singular point of contact to interface with the COR on all orders inquiries and complaints.

7.4 The contractor shall provide legible copies of weight tickets annotated with the point of collection and type of material for all rolloff dumps. The contractor will provide separate weight slips for scheduled weekly MSW pickup rounds and all recycling rounds. Actual weights of all recycled materials

8. PERFORMANCE REQUIREMENTS

8.1 Service Summary. The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

8.2 Quality Management

8.2.1 Quality Control. The contractor shall develop and maintain a quality program to ensure integrated solid waste management are performed in accordance with commonly accepted commercial practices. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. As a minimum the contractor shall develop quality control procedures addressing the areas identified in paragraph 8.1, Service Summary.

8.2.2 Quality Assurance. The government shall inspect and evaluate the contractor’s performance to ensure services are received in accordance with requirements set forth in this contract. The KO or COR shall inspect by validating actual work performance, physically checking an attribute of the completed task, checking a management information report, investigating customer complaints, conferring with facility managers, or otherwise inspecting the task or its results to determine whether or not performance meets the standards contained in this specification. When a performance threshold has not been met or contractor performance has not been accomplished, the COR will initiate and provide the Contracting Officer a Contract Discrepancy Report (CDC) for issuance to the contractor. The contractor shall respond to the CDR IAW instructions provided and return it to the Contracting Officer within 10 calendar days of receipt.

8.2.3 Government Remedies. The contracting officer shall follow FAR 52.212-4, Contract Terms and Conditions-Commercial Items, for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

Section SF 1449 - CONTINUATION SHEET

35 CY Compactor

FFP

35 CY Compactor. Contractor shall furnish all plant, labor, equipment, materials, transportation, and supervision to provide refuse removal and solid waste management service in accordance with Performance Work Statement No. PWB-40302-8S dated 18 January 2018. The compactor shall be picked up, dumped, and returned weekly. Disposal of the waste within the compactor will be paid based upon a weekly pickup. The Contractor shall provide weigh slips from certified scales for each pickup.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010954589

NET AMT

30 CY Containers - Bulk Waste

30 CY Containers - Bulk Waste. Contractor shall furnish all plant, labor, equipment, materials, transportation, and supervision to provide 30 cy containers to pickup and dispose of bulk nonhazardous solid waste and/or construction and demolition debris in accordance with Performance Work Statement No. PWB-40302-8S dated 18 January 2018. The container shall be picked up, dumped, and returned, on-call. Disposal of the waste within the container will be paid based upon the weight. Contractor shall provide weigh slips from certified scales.

NET AMT

Special Waste

Special Waste. THIS ITEM PROVIDES PAYMENT FOR THE SURCHARGE ASSOCIATED WITH THE DISPOSAL OF A LOAD THAT IS CONTAMINATED BY OBJECTIVES SUCH AS CRTs, MATTRESSES, OR TIRES.

Contractor shall furnish all plant, labor, equipment, materials, transportation, and supervision to provide refuse removal and solid waste management service in accordance with Performance Work Specification No. PWB-40302-8S dated 18 January 2018.

NET AMT

Manpower Reporting

Manpower Reporting. The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report all contractor manpower (including subcontractor manpower) required for performance of this contact. Accounting for contract support services in accordance with procedures located in Special Contract Requirements. Requiring Activity's UIC is W13GPY.

NET AMT

OY1 - 35 CY Compactor

OY1 - 35 CY Compactor. Contractor shall furnish all plant, labor, equipment, materials, transportation, and supervision to provide refuse removal and solid waste management service in accordance with Performance Work Statement No. PWB-40302-8S dated 18 January 2018. The compactor shall be picked up, dumped, and returned weekly. Disposal of the waste within the compactor will be paid based upon a weekly pickup. The Contractor shall provide weigh slips from certified scales for each pickup.

NET AMT

OY1 - 30 CY Containers - Bulk Waste

OY1 - 30 CY Containers - Bulk Waste. Contractor shall furnish all plant, labor, equipment, materials, transportation, and supervision to provide 30 cy containers to pickup and dispose of bulk nonhazardous solid waste and/or construction and demolition debris in accordance with Performance Work Statement No. PWB-40302-8S dated 18 January 2018. The container shall be picked up, dumped, and returned, on-call. Disposal of the waste within the container will be paid based upon the weight. Contractor shall provide weigh slips from certified scales.

NET AMT

OY1 - Special Waste

OY1 - Special Waste. THIS ITEM PROVIDES PAYMENT FOR THE SURCHARGE ASSOCIATED WITH THE DISPOSAL OF A LOAD THAT IS CONTAMINATED BY OBJECTIVES SUCH AS CRTs, MATTRESSES, OR TIRES.

Contractor shall furnish all plant, labor, equipment, materials, transportation, and supervision to provide refuse removal and solid waste management service in accordance with Performance Work Specification No. PWB-40302-8S dated 18 January 2018.

NET AMT

OY1 - Manpower Reporting

OY1 - Manpower Reporting. The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report all contractor manpower (including subcontractor manpower) required for performance of this contact. Accounting for contract support services in accordance with procedures located in Special Contract Requirements. Requiring Activity's UIC is W13GPY.

NET AMT

OY2 - 35 CY Compactor

OY2 - 35 CY Compactor. Contractor shall furnish all plant, labor, equipment, materials, transportation, and supervision to provide refuse removal and solid waste management service in accordance with Performance Work Statement No. PWB-40302-8S dated 18 January 2018. The compactor shall be picked up, dumped, and returned weekly. Disposal of the waste within the compactor will be paid based upon a weekly pickup. The Contractor shall provide weigh slips from certified scales for each pickup.

NET AMT

OY2 - 30 CY Containers - Bulk Waste

OY2 - 30 CY Containers - Bulk Waste. Contractor shall furnish all plant, labor, equipment, materials, transportation, and supervision to provide 30 cy containers to pickup and dispose of bulk nonhazardous solid waste and/or construction and demolition debris in accordance with Performance Work Statement No. PWB-40302-8S dated 18 January 2018. The container shall be picked up, dumped, and returned, on-call. Disposal of the waste within the container will be paid based upon the weight. Contractor shall provide weigh slips from certified scales.

NET AMT

OY2 - Special Waste

OY2 - Special Waste. THIS ITEM PROVIDES PAYMENT FOR THE SURCHARGE ASSOCIATED WITH THE DISPOSAL OF A LOAD THAT IS CONTAMINATED BY OBJECTIVES SUCH AS CRTs, MATTRESSES, OR TIRES.

Contractor shall furnish all plant, labor, equipment, materials, transportation, and supervision to provide refuse removal and solid waste management service in accordance with Performance Work Specification No. PWB-40302-8S dated 18 January 2018.

NET AMT

OY2 - Manpower Reporting

OY2 - Manpower Reporting. The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report all contractor manpower (including subcontractor manpower) required for performance of this contact. Accounting for contract support services in accordance with procedures located in Special Contract Requirements. Requiring Activity's UIC is W13GPY.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

18-FEB-2019

FACILITY MANAGER

495 SUMMER STREET

BOSTON MA 02210

W13GPY

18-FEB-2019

W13GPY

18-FEB-2019

W13GPY

18-FEB-2019

W13GPY

18-FEB-2020

W13GPY

18-FEB-2020

W13GPY

18-FEB-2020

W13GPY

18-FEB-2020

W13GPY

18-FEB-2021

W13GPY

18-FEB-2021

W13GPY

18-FEB-2021

W13GPY

18-FEB-2021

W13GPY

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Factors for evaluation: Capability Statement and Price:

Capability Statement – All offerors must submit a Capabilities Statement which states how you will meet the requirements of the PWS along with any references. The Government reserves the right to use other systems to review or verify past performance.

Price: Lowest overall price

FAILURE TO SUBMIT THE CAPABILITIES STATEMENT WILL RENDER YOUR PROPOSAL UNACCEPTABLE.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

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 located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(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.

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

“Veteran-owned small business concern” means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned 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) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, 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.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following…