Recyclables_Solicitation_as_of_2017-02-16-1420h_RELEASED.docx

W564KV-17-R-0012

Section SF 1449 - CONTINUATION SHEET

0001 RECYCLABLES COLLECTION

FFP

Collection and transportation of recyclables materials (including rental of containers, pickup and recycling/handling as per attached SoW); prices in accordance with Price-Exhibit A (firm-fixed unit price).

FOB: Destination

PURCHASE REQUEST NUMBER: 0010965251

NET AMT

0002 DISPOSAL COST

Cost for treatment and/or disposal of recycled materials or remaining waste; prices in accordance with Price-Exhibit A (firm-fixed unit price).

PURCHASE REQUEST NUMBER: 0010965251

NET AMT

FFP

Option Year 1. Collection and transportation of recyclables materials (including rental of containers, pickup and recycling/handling as per attached SoW); prices in accordance with Price-Exhibit A (firm-fixed unit price).

NET AMT

FFP

Option Year 1: Cost for treatment and/or disposal of recycled materials or remaining waste; prices in accordance with Price-Exhibit A (firm-fixed unit price).

NET AMT

CONTRACTOR MANPOWER REPORT

Contractors are required to report annually their workload analysis. Reporting is based on the Fiscal Year, not contract period of performance. Any performance occuring prior to 30 Sep is reported by 31 Oct of the same year. Price is included in offered prices.

NET AMT

FFP

Option Year 1: Contractors are required to report annually their workload analysis. Reporting is based on the Fiscal Year, not contract period of performance. Any performance occuring prior to 30 Sep is reported by 31 Oct of the same year. Price is included in offered prices.

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

31-MAR-2018

USAG RP

164 ROB

APO AE UNIT 23152 09054

W80T26

27-MAR-2018

W80T26

27-MAR-2019

USAG RHEINLAND-PFALZ

162 ROB

67663 KAISERSLAUTERN

GERMANY

W80T26

27-MAR-2019

W80T26

27-MAR-2018

W80T26

27-MAR-2019

W80T26

CLAUSES INCORPORATED BY REFERENCE

ADDENDUM TO FAR 52.212-1

Addendum to FAR 52.212-1:

INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS

FAR 52.212-1 is hereby amended to reflect the changes shown below as to the specific paragraph being revised.

Para (a) North American Industry Classification System (NAICS) code and small business size standard. Small business size standard does not apply to this solicitation.

Para (b) Submission of Offers: This paragraph is hereby revised to include:

1. Quotes shall be received not later than the date and time in Block 8 on page 1 of the Standard Form 1449.

2. Offerors shall submit quotes via email only. Submissions shall be emailed to all of the following email addresses:

a. Cornelia Windecker Contract Specialist: Cornelia.T.Windecker.LN@mail.mil

b. Peter.Flaskamp-Schuffenhauer, Contract Specialist: Peter.J.Flaskamp.LN@mail.mil

c. Marius Fara, Contracting Officer: Axente.M.Fara.LN@mail.mil

Subject of e-mail shall be “Submission of Offer W564KV-17-R-0012”.

NOTE: The size restriction for e-mail attachments on the U.S. Government server is 8 MB.

Failure to submit offer to ALL email addresses above may result in an offer NOT being considered for award. Faxed and mailed offers are not authorized and may be rejected.

3. Questions shall be submitted to all email addresses above. The subject of the email shall be “Questions W564KV-17-R-0012”. The Government requests that you submit questions as soon as possible, but no later than 5 calendar days before submission date of quotes. Questions received prior to the closing of this solicitation, but less than 5 calendar days prior to the closing date of this solicitation, will be answered on a good-faith, best effort basis by the Government. However, the Government cannot guarantee questions asked during this time will be answered prior to the closing of the solicitation. Questions shall annotate a reference to the specific part of the solicitation (for example, page number and paragraph number) to which they pertain. Answers to questions will be posted to the FedBizOpps website at https://www.fbo.gov/ under the solicitation number. It is the Offerors’ responsibility to monitor the web site for posting of amendments, answers to questions, and other instructions, if any.

4. Data previously submitted, if any, will not be used in the evaluation of your response to this RFP. Previously submitted data shall not, therefore, be included in your proposal "by reference."

5. INSTRUCTIONS FOR WRITTEN SUBMITTALS

a. The Government will award a contract resulting from this solicitation to the lowest priced technically acceptable responsible offeror whose offer conforms to FAR 52.212-2 of the solicitation (LPTA IAW 15.101-2 and supplements). Since it is the Government’s intention to award without discussions per FAR 52.212-1(g), offerors are cautioned to examine this solicitation in its entirety and to ensure that their quotation contains all necessary information, provides all required documentation, and is complete in all respects. The Government, however, reserves the right to conduct discussions, if necessary.

b. Detailed Proposal Instructions. This paragraph provides detailed instructions for preparing each proposal. If a quantity of copies to be submitted is not specified, one emailed copy is all that is required.

c. Proposal Format and Content. The submission shall be arranged in 2 electronic volumes, Price and Technical. Price volume shall include items described at Volume III, Factor 3 below. Technical volume shall include items described at Volume I, Factor 1. below. A page is defined as one side of standard 8 1/2" x 11" paper or A4, font size ten or 12 pitch proportional spacing permissible, 1 inch margin on all sides, minimum 1.5 line spacing. All pages shall be appropriately numbered and identified by date and solicitation number in the header and/or footer. Each paragraph shall be separated by at least one blank line. Proposals shall not exceed 10 pages (Price Volume 5 pages and Technical volume 5 pages). Data previously submitted, if any, will not be used in the evaluation of your response to this solicitation. Previously submitted data shall not, therefore, be included in your quote "by reference."

I. Volume I – FACTOR I - Technical shall consist of:

Qualifications: The offeror shall provide current certifications for the following:

i. Provide verified evidence of authorization to be able to perform ALL required services (collection, transport, treatment, storage and disposal) and for ALL materials according to paragraph 52 of the "Closed Substance Cycle Waste Management Act" (“Kreislaufwirtschaftsgesetz (KrWG)”) as certified specialist for disposal (“Entsorgungsfachbetrieb”). If sub-contractors are used, both the contractor and the sub-contractor must be in possession of respective documents (permission cannot be delegated to or bought from sub-contractor). This is to be done by providing a copy of the "EfB-Zertifikat".

ii. The contractor shall provide all necessary documentation under German law ("certificate of proper waste-management" (“Entsorgungsnachweis”), "certificate of utilization" (“Verwertungsnachweis”) etc. for ALL materials and ALL services in writing.

iii. The offeror will provide a written notice that he is able to handle phase-in within 10 work-days.

iv. For reasons of force-protection, the offeror needs to guarantee for safe premises where vehicles and containers are stored in order to avoid misuse for attacks against U. S. Forces (so no “lantern-parking” where vehicles can be fiddled with). This can be done by documenting enclosed premises.

II. Volume II –FACTOR 2 - The Offerors proposal (Quote) shall consist of:

1). SF 1449, entitled, Solicitation/Contract/Order for Commercial Items: duly executed by an official authorized to bind the Offeror. The offeror shall ensure Blocks 12, 17a, 30a – 30c are completed;

2) Price: Schedule Supplies/Services for all CLINs: The offeror shall submit a completed schedule Supplies/Services for all CLINs with the proposed prices (CLIN 0001 - 7501) and Appendix D and E; the Government will include a not to exceed amount at the time of award. Prices shall be in EURO.

3) Completed Representations and Certifications.

4) All Amendments issued shall be acknowledged.

5) The completion and submission to the Government of the above items will constitute the offer. The offer shall communicate the Offeror’s unconditional assent to the terms and conditions in this solicitation, including any attachments and documents incorporated by reference. The Government’s acceptance of the offer will create a binding contract between the Government and the Offeror. The Offeror’s failure or refusal to assent to any of the terms and conditions of this solicitation or the Offeror’s imposition of additional conditions or any material omission in its offer may constitute a deficiency which will make the offer unacceptable to the Government.

6) Any deficiency in an offer will render the offer unacceptable. The only way to correct a deficiency is through discussions (see FAR 15.306(d)). However, the Government intends to award a contract without discussions as permitted by FAR 15.306(a) and 52.215-1. Do not submit an offer that takes exception to any term or condition of this solicitation or imposes any additional condition or omits any required information, without first consulting the contracting officer. The Government reserves the right to conduct discussions and to permit Offerors to revise their proposals if the Government thinks it is in its interest to do so. An offer that does not assent to any of the terms and conditions of this solicitation or imposes additional conditions or has any material omissions may result in an Offeror not being included in the competitive range (see FAR 15.306(d)) and without opportunity to correct the deficiencies in the offer.

III. VOLUME III – SOLICITATION, OFFER AND AWARD DOCUMENTS AND CERTIFICATIONS REPRESENTATIONS

The Offeror shall provide the following:

1) SF 1449, entitled, Solicitation/Contract/Order for Commercial Items: duly executed by an official authorized to bind the Offer/Quote. The offeror shall ensure Blocks 12, 17a, 30a – 30c are completed;

2) Completed Representations and Certifications. FAR 52.212-3 “Offeror Representations and Certifications - Commercial Items (Mar 2015)" completed by the Offeror. Offerors registered in SAM need only complete paragraph b. of the above clause, if applicable.

3) All Amendments issued shall be acknowledged.

The completion and submission to the Government of the above items will constitute the offer. The offer shall communicate the Offeror’s unconditional assent to the terms and conditions in this solicitation, including any attachments and documents incorporated by reference. The Government’s acceptance of the offer will create a binding contract between the Government and the Offeror. The Offeror’s failure or refusal to assent to any of the terms and conditions of this solicitation or the Offeror’s imposition of additional conditions or any material omission in its offer may constitute a deficiency which will make the offer unacceptable to the Government.

Any deficiency in an offer will render the offer unacceptable. The only way to correct a deficiency is through discussions (see FAR 15.306(d)). However, the Government intends to award a contract without discussions as permitted by FAR 15.306(a) and 52.215-1. Please do not submit an offer that takes exception to any term or condition of this solicitation or imposes any additional condition or omits any required information, without first consulting the contracting officer. The Government reserves the right to conduct discussions and to permit Offerors to revise their proposals if the Government thinks it is in its interest to do so. An offer that does not assent to any of the terms and conditions of this solicitation or imposes additional conditions or has any material omissions may result in an Offeror not being included in the competitive range (see FAR 15.306(d)) and without opportunity to correct the deficiencies in the offer.

Para (d) Product Samples. This paragraph does not apply.

Para (h) Multiple Award. This is amended to state that only one award will be made from this solicitation.

Para (i) Availability of Requirements document cited in the solicitation. This paragraph does not apply to this solicitation.

Para (m) System for Award Management (SAM).

Prospective contractors shall be registered in System for Award Management (SAM) database prior to award of a contract or agreement. To be registered in SAM you need a (1) DUNS & Bradstreet (D&B) number and (2) NATO Cage Code (NCAGE) number.

(1) For the DUNS number enter the website http://www.upik.de/upik_anfrage.cgi and complete the application form. D&B Support Tel.: +49 (61 51) 13 75-7 77, Email: kundenservice@dnbgermany.de

(2) For the NCAGE send an email request with a Name, Address and Telephone number (shall be the same name and address like you registered your DUNS number) to: logkdobwncbge@bundeswehr.org NCAGE Support Tel.: 02241-: 02241-991-643 or 470 or 440

(3) When you have the DUNS# and NCAGE you have to establish a user account in the System for Award Management (SAM) website https://www.sam.gov/portal/public/SAM/ under “create user account” and you will receive a confirmation email. After establishment of your user account in SAM you have to complete your registration in SAM.

=== End of text of Addendum to FAR 52.212-1 ===

ADDENDUM TO FAR 52.212-2

Addendum to FAR 52.212-2:

1. BASIS FOR AWARD

i. The Government will award a contract resulting from this solicitation to the lowest priced technically acceptable (LPTA) responsible offeror, whose offer conforms to the solicitation (LPTA in accordance with FAR 15.101-2). The non-price evaluation factors include:

Technical

ii. A rating of no less than “Acceptable” must be achieved for all non-price factors and Sub factors.

Receiving a rating of “Unacceptable” in any of the non-price evaluation factors and Sub factors as listed above will result in a rating of “Unacceptable”. The only way to correct an “Unacceptable” rating is through discussions. If discussions are held, the Government will select the most highly rated proposals to participate in discussions. Offerors not invited to participate in discussions will be eliminated from competition and receive notice required by FAR 15.503(a)(1). The non-price evaluation will consist only of determining the acceptability of each offer. Proposals will not be ranked based on the acceptability evaluation.

iii. The Government intends to evaluate offers and award a contract without discussions. Therefore, each initial offer should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to conduct discussions if determined necessary by the Contracting Officer.

iv. A written notice of award or acceptance of an offer, emailed 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.

2. FACTORS AND SUB FACTORS TO BE EVALUATED

i. FACTOR I – TECHNICAL

a) Sub factor – Qualifications

b) Sub factor – Experience

ii. FACTOR II – PRICE

3. EVALUATION APPROACH

a. FACTOR I - TECHNICAL

Technical Factor and Sub Factor Rating Definitions:

ACCEPTABLE - Proposal clearly meets the minimum requirements of the solicitation.

UNACCEPTABLE - Proposal does not clearly meet the minimum requirements of the solicitation.

a. Factor I - Technical: The Government will evaluate offers based on documentation provided. The Government will evaluate each Offeror’s understanding of the Government’s requirements to determine the likelihood that the Offeror will be able to perform the contract successfully.

a. Sub factor I – Qualifications: This Sub factor is met when the offer clearly shows that the offeror possesses the following current certifications:

i. Provide verified evidence of authorization to be able to perform ALL required services (collection, transport, treatment, storage and disposal) and for ALL materials according to paragraph 52 of the "Closed Substance Cycle Waste Management Act" (“Kreislaufwirtschaftsgesetz (KrWG)”) as certified specialist for disposal (“Entsorgungsfachbetrieb”). If sub-contractors are used, both the contractor and the sub-contractor must be in possession of respective documents (permission cannot be delegated to or bought from sub-contractor)

ii. The contractor shall provide all necessary documentation under German law ("certificate of proper waste-management" (“Entsorgungsnachweis”), "certificate of utilization" (“Verwertungsnachweis”) etc. for ALL materials and ALL services in writing.

iii The offeror will provide a written notice that he is able to handle phase-in within 10 work-days.

v. For reasons of force-protection, the Contractor will provide asecure off-base premises for vehicles and containers storage to prevent them being altered for attacks against U. S. Forces (so no “lantern-parking” where vehicles can be tampered with). This can be done by documenting the enclosed premises.

b. Sub factor II – Experience: This Sub factor is met when the proposal clearly describes and verifies that the Offeror submitted reference contracts within the last five years immediately prior to the due date for proposals for this solicitation, demonstrating that the Offeror provided services relevant to those required in the PWS of subject solicitation. This evaluation will consider the offeror’s references under FAR 52.215-1, each, individually, demonstrating experience relevant to this RFP’s PWS.

Relevant experience means similarity to the work contemplated under this RFP’s PWS with respect to complexity, scope, type of work, and value. Recent means within the last five years immediately prior to the due date for proposals for this solicitation. The Government is not bound by an Offeror's opinion of the relevance of its organizational experience.

b. FACTOR 2 – PRICE

i. This factor is met when the offeror submits the SF 1449, entitled, Solicitation/Contract/Order for Commercial Items: duly executed by an official authorized to bind the Offer/Quote. The offeror shall ensure Blocks 12, 17, 30a – 30c are completed.

ii. After determination of technical and past performance acceptability, the award will be based on lowest price determined to be reasonable, complete (all items are priced), and balanced. Offerors are required to price the base period and 1st Option Period for CLINs 0001 through 7501 listed in the schedule, and all unit prices listed in the Price Books. The successful Offeror will be contractually bound to all proposed prices and rates. Offerors must ensure there are no rounding errors to the nearest cent. The Government will evaluate Total Evaluated Price (TEP) offered for award purposes as shown below.

Total evaluated price offered for all CLINs in the price schedule and as supported by unit prices in the Price Books for the Base Period and Option Year 1. To account for the option period possible under Clause 52.217-8 (maximum 6 months), Option to Extend Sevices, the Government will take the price for all CLINs of the final option period, pro-rate it to a six-month value, and add it to the sum of all CLINs (base plus option period). This amount will be the total evaluated price.

4. 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.

This amount will be the total evaluated price. 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 options.

5. RESULT: 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.

NOTE: Bid protests, if any, pertaining to this solicitation will be handled by the Contracting Officer consistently with U. S. law.

=== End of text of Addendum to FAR 52.212-2 ===

CLAUSES INCORPORATED BY FULL TEXT

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016) ALTERNATE I (JULY 2013)

(a) Definitions. As used in this provision-- Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) database means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. If registration prior to award is not possible, the awardee shall be registered in the SAM database within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2016)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Nov 2016) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

____(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

____ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

____ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

____ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

____ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

____ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

X (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

____ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (47) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____(48) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

X (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

____ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (58) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

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

_____(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

_____ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

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

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

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

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

(xv)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xviii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xx) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to end of contract..

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 30 months.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

www.acquisition.gov/far www.farsite.hill.af.mil

5152.232-4001 FOREIGN VENDORS REQUESTING PAYMENT VIA ELECTRONIC FUNDS TRANSFER (June 2016)

Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized.

- Bank Name:

- Bank Identification Code (BIC):

- International Bank Account Number (IBAN):

Exhibit/Attachment Table of Contents

CCE 204-4005 - CFE TREATY

CONVENTIONAL FORCES EUROPE (CFE) TREATY VERIFICATION INSPECTION

(March 2005)

Contractor-owned or controlled structures and containers located on U.S. Government installations are subject to short-notice inspections by CFE treaty inspection teams. The Government will endeavor to provide the Contractor as much notice as possible in the event of such inspections. The contractor shall provide access to such structures and containers at the request of the Government. The Contractor shall report such inspections to the Contracting Officer in writing within ten (10) calendar days of completion of the inspection. Contractor-owned or controlled structures and/or containers on U. S. installations may have to be inspected to comply with the CFE treaty even if Contractor personnel are unavailable to provide access. Any costs borne by the Contractor or any impact on contract performance as a result of the inspection will be a matter of negotiation between the Contractor and the Contracting Officer.

CCE 225-4001 - INSTALLATION CL

CCE 225-4001 -- INSTALLATION CLEARANCE RERQUIREMENTS (March 2005)

INSTALLATION CLEARANCE RERQUIREMENTS (March 2005) Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S. installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

(a) The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements.

(b) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access.

(c) AE 190-16 (and AE 190-16-G German translation) can be found on the following website: http://www.hq.usacce.army.mil/

(d) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract:

Organizational Sponsor: Herr Franz Schork Location: Rhine-Ordnance Barracks, Kaiserslautern, Building 164 DSN phone: 493-47 98 Civ phone: 06 31-34 06-47 98 Installation Access Control Office:

Location: Pulaski-Barracks, Kaiserslautern, Building 29 32 DSN phone: 489-85 89 or 85 90 Civ phone: 06 31-536-85 89 or 85 90

(e) requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

(f) The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm’s failure to comply with Installation Access Control (IAC) processing requirements.

(g) The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access.

(h) AE 190-16 (and AE 190-16-G German translation) can be found on the following website: http://www.hq.usacce.army.mil/

(i) Below is the responsible Organizational Sponsor & Installation Access Control Office for this contract:

CCE 232-4001 - ELEC. FUNDS TR

CCE 232-4001 -- FOREIGN VENDORS REQUESTING PAYMENT VIA ELECTRONIC FUNDS TRANFSER (March 2005)

Foreign vendors requesting payment via Electronic Funds Transfer (EFT) shall provide the following information on their invoice at time of invoice submission. Only one EFT instruction per invoice is authorized.

· SWIFT CODE

· BLZ or BANK ROUTING NUMBER

· ACCOUNT NUMBER

· BANK NAME

· International Bank Account Number (IBAN) (If Applicable) ---

ATTACHMENT A - PERFORMANCE…