W50S8T22Q0003 Solicitation Recycling.pdf

Ver. May 2018

W50S8T22Q0003

COMBINED SYNOPSIS/SOLICITATION

COMBINED SYNOPSIS/SOLICITATION:

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation number is W50S8T22Q0003 and is issued as a Request For Proposal (RFP) in accordance with the requirements of Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, using the procedures of FAR Part 13, Simplified Acquisition Procedures, and FAR Part 37, Service Contracting. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020‐01 dated November 12, 2019. The FAC and FAR are available at https://www.acquisition.gov/FAR .

Clause 52.212-18 applies: Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

Contractor is required to sign this document and return 1 copy to issuing office. Contractor agrees to provide all services set forth or otherwise identified above and on any additional sheets subject to the terms and condistions specified herein.

This is solicited as Full and Open Competition under NAICS code 562920, Materials Recovery Facilities and PSC S205, Housekeeping – Trash/Garbage Collection. The award resulting from this solicitation will be made using a cascading set‐aside order of procedure as follows: a). In accordance with FAR Subpart 19.502.2, Total Small Business Set‐Aside Procedures, any award under this solicitation will be made on a competitive basis first to a small business concern; b).

If there is inadequate competition for award to a small business concern (two or more responsible small business offers), award will be made on the basis of full and open competition considering all offers submitted by responsible business concerns.

This acquisition currently has no Defense Priorities and Allocations System (DPAS) ratings. The award is subject to the Service Contract Labor Standards statute. The Offeror is required to have a current and active Contractor registration in the System for Award Management (SAM) website, https://beta.sam.gov.

Questions shall be submitted to SMSgt Christine Walker not later than March 1, 2022 via email at christine.walker@us.af.mil . Answers to Questions shall be posted to Government Portal of

Entry No Later Than 10 March 2022 at 1400.0 Proposals shall be submitted electronically to SMSgt Christine Walker by or before March 15, 2022 at 2:00 PM CST via email.

The Government anticipates awarding a Blanket Purchase Agreement (BPA) on the basis of Lowest Price Technically Acceptable (LPTA) evaluation criteria resulting from this RFP to the responsible Offeror whose proposal is conforming to the RFP. An award will be made to the Contractor who offers the lowest price and meets or exceeds the technical requirements of the solicitation. The Offerors shall submit a proposal that will demonstrate / describe how the company will meet or exceed the technical requirements stated in the Performance Work Statement (PWS). Offerors will submit a technical proposal that addresses their capability to meet the technical aspects of the PWS for collection and removal of cardboard for recycling purposes.

EVALUATION OF RESPONSES:

Award will be conducted and evaluated under the provisions of FAR Part 12, Commercial Items and FAR Part 13, Simplified Acquisition Procedures. The responsible offerors must be registered in the System for Award Management (SAM) database (available at:

https://www.sam.gov/SAM/) and submit a completed copy of the Offeror Representations and Certifications – Commercial Items with their proposal. Lack of registration in SAM will qualify contractor as ineligible for award. All responsible sources may submit a quotation in response to this solicitation, which shall be considered.

The Contractor shall provide all necessary labor, materials, supplies, equipment and supervision for the delivery, maintenance, and services in accordance with the Performance Work Statement (PWS) and U.S. Department of Labor Service Contract Labor Standards Wage Determination.

The period of performance is from date of award for a period of 365 calendar days with an option for 4 additional years.

PERFORMANCE WORK STATEMENT (PW

1. IMPORTANCE OF THE PWS:

a. A PWS, not a Statement of Work (SOW), is required for service acquisitions and is the most essential document in the Procurement Requirements Package (PRP) because it forms the basis of the contract. While it is the customers’ responsibility to prepare the PWS, they should contact the contracting office if assistance is needed.

Having a draft reviewed early in the process can be helpful in developing the PRP.

b. All other actions in the process stem from defining the requirement - the purpose of a PWS. It must be written so that technical and non-technical readers can understand it during the solicitation and administration phases of the process. Remember, contractors first see the PWS during the solicitation phase of the process and this is what they use to formulate their proposals (manpower, equipment, costs, etc.). Also, the Contracting Officer (KO) must understand the requirement in order to enforce contractor performance. When developing a PWS, think like the contractor - would you be able to calculate how many people you would need to perform the services or what your costs would be based on what is in the PWS? Ensuring a well written PWS will:

(1) Enable offerors to clearly understand the services required;

(2) Allow offerors to more accurately price their proposals and submit higher quality technical proposals;

(3) Provide a baseline for the development of other parts of the solicitation, particularly the evaluation criteria and technical proposal instructions.

(4) Minimize the need for future modifications which can increase the price and delay completion;

(5) Allow both the Government and contractor to assess performance; and

(6) Reduce the possibility of a protest before or after award and reduce claims and disputes under the contract.

c. Because the PWS forms the contract, it is subject to contract law. A fundamental legal principle is that because the Government is the drafter, any ambiguity usually is construed against the Government by the courts; that is, when two reasonable interpretations are possible, the court will generally find in favor of the contractor. The interpreter must look to what the contract actually says not what the Government meant to say or would like to have said.

2. FORMAT OF A PWS: Some language is required in every PWS; some only if it relates to a specific acquisition. The following are key paragraphs in the format. See the sample format below to determine what information and language should be included for your specific acquisition. This is the required format for all PWS’s submitted effective 15 May 2018. NOTE: The blue text is for informational purposes only and should be removed before submitting your PWS. If a particular paragraph is not applicable to your acquisition, mark it as “Reserved”.

1.0 General

2.0 Definitions and Acronyms

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S)

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E)

5.0 Requirements

6.0 Applicable Publications

TECHNICAL EXHIBIT 1 - Performance Requirements Summary (PRS) TECHNICAL EXHIBIT 2 - Deliverables Schedule TECHNICAL EXHIBIT 3 - Estimated Workload Data

3. Performance Based Services Acquisition (PBSA):

a. A PWS defines the services the contractor must perform to meet the Government’s needs. Over 15 years ago, DoD mandated that services contracts be written in terms of the results required by the contractor’s performance rather than specifying the methods the contractor uses to perform. Using a performance based PWS is beneficial because:

(1) The focus is on the intended results, not the process used to perform services,

(2) No detailed specifications or process descriptions are needed,

(3) The contractor has flexibility in proposing the solution. As a subject matter expert in a particular industry, the contractor should know the most cost effective innovations and best practices used by that industry, and

(4) The contractor has buy-in and shared interests.

b. Federal Acquisition Regulation (FAR) 37.102(a)(1) states “When acquiring services…..agencies must use performance-based acquisition methods to the maximum extent practicable.”

c. A performance based services contract requires more targeted oversight by the Government to ensure the contractor’s best practices are providing the required results.

ADDITIONAL CONSIDERATIONS WHEN DEVELOPING A PWS

1. Use simple words, phrases, and sentences for clarity. Be concise, precise, and consistent. Careful and exact descriptions will avoid misunderstandings before and during the life of a contract. Avoid jargon whenever possible.

2. Avoid ambiguities. An ambiguity is a word or phrase that can have more than one meaning or interpretation. For instance, “support” is an ambiguous term. What specific type(s) of support do you require from the contractor?

3. To reduce the possibility of misinterpretation, terminology must be consistent. The same words and phrases must be used when describing the same requirement. It is confusing if a hole is referred to as an "orifice" and later called a "void."

4. Use the active voice. Instead of saying “The contractor is responsible for a report.” or “A report shall be prepared by the contractor” say “The contractor shall prepare a report.” Remember, the contractor always “shall” and the Government “will.” “Shall” is an imperative in contract terminology that means the contractor absolutely must do this.

Also, “should” or “may” gives the contractor the choice whether to do it.

5. Avoid words like “and/or,” “etc.,” and “including but not limited to.” “And/or” implies the contractor has a choice between the two. Contractors are not required to deliver items that are not specifically mentioned. The use of the word “including,” followed by a list only obligates the contractor to provide those items specifically listed. Also, how does a contractor estimate costs or resources for “etc.” or “…including but not limited to?”

6. Vague or inexact words and generalizations are open to so many interpretations that they become meaningless. Phrases such as "securely mounted," "properly assembled," "carefully performed," “as necessary,” “to all intents and purposes,” and “insofar as possible” are all examples of unenforceable language. Remember, contract terms must be enforceable to be valid.

7. Do not use phrases such as “the contractor shall assist…” or “as directed.” “Assist” and “directed” imply personal services which require statutory authority to enter into.

Contractors do not “assist” nor are they “directed” by Government personnel, except the KO. Contractors work independently without direct supervision from the Government.

Contractors are not employees.

8. Spell out abbreviations or acronyms when you use them the first time in a sentence.

After that, use the abbreviation or acronym throughout the rest of the PWS. Include them in Paragraph 2.0.

9. Don’t duplicate information in the PWS that will be included in other parts of the contract. For instance, payment and invoicing procedures will be included in clauses or in other sections of the solicitation and contract, so they don’t need to be incorporated into the PWS. If you are not sure what should be included, ask the KO.

10. Common industry “terms of art” or in-house terminology is not always as universally defined as might be assumed. Technical terms must be specifically defined since judges settling disputes lean toward the "ordinary and usual" meaning and usually interpret the meaning against the drafter (the Government). For instance, “technical services” encompasses a broad area of expertise. What results do you desire from the services? Remember, if it’s not spelled out in the contract, the contractor will probably prevail in the event of dispute or claim against the Government.

11. Punctuation. The presence or absence of a comma, or a comma in the wrong place in a contract can make a difference. For instance, “Employees engaged in packing for shipment or distribution must comply with this requirement.” has a different meaning than “Employees engaged in packing for shipment, or distribution, must comply with this requirement.” The first sentence means that only employees engaged in packing

(packing for shipment or packing for distribution) must comply with the requirement;

employees engaged in distribution are not required to do so. The second sentence means that both those employees engaged in packing and those employees engaged in distribution must comply with the requirement.

12. PWS Paragraph Numbering. Numbering of PWS paragraphs should be as follows.

Don’t go beyond 5 levels of numbers because it gets too confusing. After the 5th level, use the standard a., b., c., (1), (2), (3) tabbing. Please familiarize yourselves with the automatic numbering/formatting features in MS Word. Manually numbering, tabbing and spacing is cumbersome and difficult to modify when necessary.

5.0 Requirements:

5.1 Subparagraph

5.1.1

5.1.1.1

5.1.1.1.0

1.

a.

(1)

W50S8T22Q0003

PERFORMANCE WORK STATEMENT (PWS)

FOR

WRANGB Cardboard Recycling Services

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform cardboard recycling Services, as defined in this

PWS.

1.2 Background: Provide collection containers corrugated cardboard. Provide personnel and vehicles to pickup/transport recycling material to recycling facility.

Provide monthly statements including costs/weights for recycling services.

1.3 Period of Performance (PoP): The Period of Performance shall be 1 Base Year of 12 months and zero 12-month option years.

1.4 General Information:

1.4.1 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays.

The contractor shall not perform services on these days:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth: June 17th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 Christmas Day: December 25th

1.4.3 Place and Performance of Services: The contractor shall provide services between the hours of 0630-1100/1200-1400 on Monday-Thursday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at pre-coordinated and agreed upon location for pickup of recycled items. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons.

When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.4.2 Unscheduled gate closures by the Security Forces may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.4.3 The contractor’s employees shall become familiar with and obey the regulations of the installation; including fire, traffic, safety and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times, and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation which may affect performance. The Government reserves the right to direct the removal of an employee for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.5 Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 (Reserved)

1.4.5.2 For contractors that do not require a CAC, but require access to a DoD facility or installation: Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification (NCIC-III) and Terrorist Screening Database (TSDB) (Army

Directive 2014-05/AR 190-13), and applicable installation, facility and area commander installation/facility access, and local security policies and procedures (provided by a government representative).

1.4.7 Special Qualifications: All vehicle drivers/occupants accessing the installation should have a valid Oklahoma REAL ID (required starting in 2023) or valid drivers license issued by any state. Current DoD policy requires the wearing of face masks at all times on the installation unless it impairs the safe accomplishment of duties.

Contractors should observe appropriate social distancing practices at all times based on the situation. (NOTE: The Government does not provide training or protective equipment to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified to provide services.) Please note that COVID precautions may alter in accordance with Executive Orders or Base Policy. Contractor will be responsible for adhering with DoD policy at time of pickup.

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR Subpart 42.5. The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO.

The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR, to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Identification of Contractor Employees: All contractor personnel attending meetings or working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contractor personnel shall wear company identification badges if used by the company as a business practice.

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at

FAR 22.17.

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 Contracting Officer Representative (COR): An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications.

This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.5 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.8 Quality Assurance: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.11 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

AT/OPSEC Antiterrorism/Operational Security BI Background Investigation CM Contract Manager CMRA Contractor Manpower Reporting Application COR Contracting Officer Representative DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services HSPD Homeland Security Presidential Directive IA Information Assurance IS Information System(s) KO Contracting Officer NGB National Guard Bureau PII Personally Identifiable Information PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SSN Social Security Number USD(I) Under Secretary of Defense for Intelligence

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S):

The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: None

3.2 Materials: None

3.3 Equipment: None

3.4 Services: Government to provide personnel to serve as driver escort for pickups

3.5 Utilities: None

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The contractor shall:

5.1 Provide an appropriate amount of collection containers for corrugated cardboard collection at no cost to the government – estimated to need approximately 1 – 8 CY cardboard container with deposit slot. Contractor can propose alternate containers if more suitable collection containers are available.

Cardboard containers should be large enough to accept broken down corrugated cardboard. Repair/Replace damaged containers at no charge to government.

Estimated average of cardboard is 2.5 tons each month.

5.1.1 Provide driver(s) and vehicles to collect recycled items from numerous locations on the installation and transport to a recycling facility. Contractor shall propose collection containers for cardboard which shall be sufficient to contain estimated amount of cardboard in 5.1 without overflow between pickups.

Contractor should contact Environmental Office to coordinate date/time for requested pickups.

5.1.2 Provide monthly account statements that annotate costs/weights of recycled items preferably annotated by dates of service

5.1.3 Provide a list of names to the installation of all potential drivers/helpers that could support pickups.

5.2 (The following language is mandatory in all PWSs): Contractor Manpower Reporting Application (CMRA):

5.2.1 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the National Guard Bureau (or your organization) via a secure data collection site.

5.2.2 The contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2022. Contractors may direct questions to the help desk at http://www.ecmra.mil.

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

Performance

Objective Performance Standard

Acceptable Quality Levels (AQL)

Surveillance Method / By Whom

Provide cardboard collection containers

Cardboard – provide appropriate containers to accept broken down corrugate cardboard

Contractor provided – no cost to government

COR/Environmental Office

Pickup as agreed upon

1 pickup per week on predictable schedule

Able to support all pickup requests in a timely manner COR/Environmental Office

Monthly Account Statements

Shows details of costs/weights of recycled items

Preferably broken down and annotated by pickup date

Available monthly COR/Environmental Office

TECHNICAL EXHIBIT 2

Deliverables Schedule

(Deliverables must be identified in the PWS and then summarized here. See examples below)

PWS Reference / Deliverable Title

Frequency Medium/Format Submit To

Account Statement with monthly costs/weights for recycling services

Monthly account statement

Electronic or ability to view online account

WRANGB

TECHNICAL EXHIBIT 3

Estimated Workload Data

This information is provided for historical background only. It is not a guarantee of workload quantities.

ITEM NAME ANNUAL ESTIMATED QUANTITY

1 Cardboard Pickup Weekly service – 1 per week

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 52 Job Cardboard Recycling Services

FFP

52 Weeks of Cardboard pickup for Recycling - Base Year FOB: Destination

PSC CD: S205

NET AMT

0002 52 Job OPTION Cardboard Recycling Services

FFP

52 Weeks of Cardboard pickup for Recycling - Option Year 1

0003 52 Job OPTION Cardboard Recycling Services

FFP

52 Weeks of Cardboard pickup for Recycling - Option Year 2

0004 52 Job OPTION Cardboard Recycling Services

FFP

52 Weeks of Cardboard pickup for Recycling - Option Year 3

0005 52 Job OPTION Cardboard Recycling Services

FFP

52 Weeks of Cardboard pickup for Recycling - Option Year 4

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 10-FEB-2022 TO

10-FEB-2023

N/A 137TH CE

ROBBIE CRUZE

5901 AIR GUARD DR

OKLAHOMA CITY OK 73179

4056865121

F9T302

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2021

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

FEB 2016

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-50 Combating Trafficking in Persons DEC 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases DEC 2021 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

JUN 2020

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

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(NOV 2021)

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