Solicitation_posted.pdf

SEE ADDENDUM

(No Collect Calls)

W564KV-18-R-0004 26-Oct-2017

b. TELEPHONE NUMBER

0611-143-542-6822

8. OFFER DUE DATE/LOCAL TIME

08:00 AM 13 Nov 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W564KV9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CORNELIA T WINDECKER

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

TCC-KAISERSLAUTERN

KLEBER KASERNE MANNHEIMER STRASSE 238

BLDG 3233

67657 KAISERSLAUTERN

GERMANY

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

562219

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF41

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W564KV-18-R-0004

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Refuse Disposal Services OMA

FFP

Base Period Refuse Disposal Services for US Community Baumholder, including but not limited to management, supervision, personnel, materials, tools, equipment and transportation to perform this services in Baumholder in accordance with (IAW) the Performance Work Statement (PWS).

For and in consideration of the faithful performance of the stipulations of this contract, the Contractor shall be paid by the designated finance and accounting office (SF 1449, Block 18.a) for services herein contracted for, at the prices stated in Attachment 3 (ELINS E0001 through ELINS 0016) and under the terms and conditions.

NOTE: ONLY ACTUAL SERVICE IS BILLABLE IAW attachment 3 & 4!

ENTER NOT TO EXCEED NET AMOUNT

Period of Performance: 01 Jan 2018 - 31 Dec 2018 FOB: Destination

NET AMT

0002 1 Job Refuse Disposal Services AFH

FFP

Refuse Disposal Services for US Community Baumholder, including but not limited to management, supervision, personnel, materials, tools, equipment and transportation to perform this services in Baumholder in accordance with (IAW) the Performance Work Statement (PWS).

For and in consideration of the faithful performance of the stipulations of this contract, the Contractor shall be paid by the designated finance and accounting office (SF 1449, Block 18.a) for services herein contracted for, at the prices stated in Attachment 4 (ELINS E0001 through ELINS 0016) and under the terms and conditions.

NOTE: ONLY ACTUAL SERVICE IS BILLABLE IAW attachment 3 & 4

ENTER NOT TO EXCEED NET AMOUNT

Period of Performance: 01 Jan 2018 - 31 Dec 2018

1001 1 Job OPTION 1st option period - OMA

FFP

Refuse Disposal Services for US Community Baumholder, including but not limited to management, supervision, personnel, materials, tools, equipment and transportation to perform this services in Baumholder in accordance with (IAW) the Performance Work Statement (PWS).

For and in consideration of the faithful performance of the stipulations of this contract, the Contractor shall be paid by the designated finance and accounting office (SF 1449, Block 18.a) for services herein contracted for, at the prices stated in Attachment 3 (ELINS E1001 through ELINS 1016)and under the terms and conditions.

NOTE: ONLY ACTUAL SERVICE IS BILLABLE IAW attachment 3 & 4

ENTER NOT TO EXCEED NET AMOUNT

Period of Performance: 01 Jan 2019 - 31 Jan 2019

1002 1 Job OPTION 1st option period - AFH

FFP

Refuse Disposal Services for US Community Baumholder, including but not limited to management, supervision, personnel, materials, tools, equipment and transportation to perform this services in Baumholder in accordance with (IAW) the Performance Work Statement (PWS).

For and in consideration of the faithful performance of the stipulations of this contract, the Contractor shall be paid by the designated finance and accounting office (SF 1449, Block 18.a) for services herein contracted for, at the prices stated in Attachment 4 (ELINS E1001 through ELINS 1016) and under the terms and conditions.

NOTE: ONLY ACTUAL SERVICE IS BILLABLE IAW attachment 3 & 4

ENTER NOT TO EXCEED NET AMOUNT

Period of Performance: 01 Jan 2019 - 31 Dec 2019

2001 1 Job OPTION 2nd option period - OMA

FFP

Refuse Disposal Services for US Community Baumholder, including but not limited to management, supervision, personnel, materials, tools, equipment and transportation to perform this services in Baumholder in accordance with (IAW) the Performance Work Statement (PWS).

For and in consideration of the faithful performance of the stipulations of this contract, the Contractor shall be paid by the designated finance and accounting office (SF 1449, Block 18.a) for services herein contracted for, at the prices stated in Attachment 3 (ELINS E2001 through ELINS 2016) and under the terms and conditions.

NOTE: ONLY ACTUAL SERVICE IS BILLABLE IAW attachment 3 & 4

ENTER NOT TO EXCEED NET AMOUNT

Period of Performance: 01 Jan 2020 - 31 Dec 2020

2002 1 Job OPTION 2nd option period - AFH

FFP

Refuse Disposal Services for US Community Baumholder, including but not limited to management, supervision, personnel, materials, tools, equipment and transportation to perform this services in Baumholder in accordance with (IAW) the Performance Work Statement (PWS).

For and in consideration of the faithful performance of the stipulations of this contract, the Contractor shall be paid by the designated finance and accounting office (SF 1449, Block 18.a) for services herein contracted for, at the prices stated in Attachment 4 (ELINS E2001 through ELINS 2016) and under the terms and conditions.

NOTE: ONLY ACTUAL SERVICE IS BILLABLE IAW attachment 3 & 4

ENTER NOT TO EXCEED NET AMOUNT

Period of Performance: 01 Jan 2020 - 31 Dec 2020

7500 1 Each Contractor Manpower Reporting (CMRA)

FFP

The requirement for Contractor Manpower Reporting Application (CMRA) is prescribed In paragraph 5.4 of the Performance Work Statement (PWS), Contractors are required to report annually their workload analysis. Reporting is based on Government Fiscal Year which runs from 1 October through 30 September (not contract period of performance).

NOTE: The offeror is not required to enter a separate price for this item, the cost for reporting can be recovered in the prices of the other services. If not separately priced, the offeror should enter "NSP" (not separately priced) in lieu of a price. No entry in the space provided at this CLIN will be considered "NSP".

7501 1 Each OPTION 1st option, Contractor ManpowerReporting

FFP

The requirement for Contractor Manpower Reporting Application (CMRA) is prescribed In paragraph 5.4 of the Performance Work Statement (PWS), Contractors are required to report annually their workload analysis. Reporting is based on Government Fiscal Year which runs from 1 October through 30 September (not contract period of performance).

NOTE: The offeror is not required to enter a separate price for this item, the cost for reporting can be recovered in the prices of the other services. If not separately priced, the offeror should enter "NSP" (not separately priced) in lieu of a price. No

7502 1 Each OPTION 2nd option- Contractor ManpowerReporting

FFP

The requirement for Contractor Manpower Reporting Application (CMRA) is prescribed In paragraph 5.4 of the Performance Work Statement (PWS), Contractors are required to report annually their workload analysis. Reporting is based on Government Fiscal Year which runs from 1 October through 30 September (not contract period of performance).

NOTE: The offeror is not required to enter a separate price for this item, the cost for reporting can be recovered in the prices of the other services. If not separately priced, the offeror should enter "NSP" (not separately priced) in lieu of a price. No

PRICE VALIDITY

The offered price shall be valid until contract award (not later than end of calendar year 2017).

SUM

TOTAL OFFER NOT TO EXCEED NET AMOUNT EURO ___________________

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A Government N/A Government 0002 N/A Government N/A Government 1001 N/A Government N/A Government 1002 N/A Government N/A Government 2001 N/A Government N/A Government 2002 N/A Government N/A Government 7500 N/A Government N/A Government 7501 N/A Government N/A Government 7502 N/A Government N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 01-JAN-2018 TO

31-DEC-2018

N/A N/A

0002 POP 01-JAN-2018 TO

31-DEC-2018

1001 POP 01-JAN-2019 TO

31-DEC-2019

1002 POP 01-JAN-2019 TO

2001 POP 01-JAN-2020 TO

31-DEC-2020

2002 POP 01-JAN-2020 TO

7500 POP 01-JAN-2018 TO

31-DEC-2018

7501 POP 01-JAN-2019 TO

7502 POP 01-JAN-2020 TO

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

APR 2014

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

OCT 2015

52.209-7 Information Regarding Responsibility Matters JUL 2013 52.217-5 Evaluation Of Options JUL 1990

52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014

CLAUSE(S) 52.228-3 - NOTE:

The following two clauses (52.228-3 and 52.228-4) apply if the contractor employs any of the following individuals under the contract or a subcontract at any tier: (a) a United States citizen, (b) a permanent resident of the United States, or (c) an individual, regardless of nationality, hired in the United States.

CLAUSES INCORPORATED BY REFERENCE

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.233-2 Service Of Protest SEP 2006 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers:

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.

Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:

(i) ASSIST (https://assist.dla.mil/online/start/).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone

(215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) 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. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, 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 resulting from this solicitation. 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. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

CLAUSE(S) 52.212-1 - ADDENDUM TO FAR 52.212-1

INSTRUCTIONS FOR OFFERORS

In accordance with FAR 12.302, Tailoring of Provisions and Clauses for Acquisition of Commercial Items, FAR 52.212-1 is tailored, as shown below, to reflect the special terms and conditions unique for this contract.

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

Para (b) Submission of offers is revised as follows:

PROPOSAL SUBMISSIONS. Proposals shall be delivered not later than the date and time (local time) specified in block 8 of SF 1449.

INSTRUCTIONS FOR WRITTEN SUBMITTALS

The following is hereby incorporated with respect to the information and documentation required for submission in response to this solicitation:

Only offers by e-mails are acceptable and can be considered for award!

The binding offer shall be submitted for the period starting from 01 January 2018 through 31 December 2018 (base period) and 2 12-months option periods. Only one contract award will be made. Offers for partial quantities will be determined non-responsive and are therefore unacceptable and not considered for award.

The offer shall be sent to all three e-mail addresses listed below and must be received by the Theater Contracting Center office no later than 13 Nov 2017; 08:00 am CET (= response date).

(http://www.timeanddate.com/time/zones/cet). Please note that offers received after this time will be considered to be late and will not be considered for award!

When sending the offer via e-mail, the subject of e-mail shall be: “Submission of Offer W564KV-18-R-0004”.

All offers must be submitted in English except the licenses which can be in German language. Offers provided in other languages will be determined "Unacceptable" and eliminated from competition.

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

Proposals that are sent in multiple emails must be numbered to include the total number of emails sent. It is the sole responsibility of the offeror to ensure that the offeror's entire proposal has been received by the Government by the due date and time.

Submittal Requirements:

Factor 1 - Certifications: The offeror shall include the current license certifications (IAW §56 of Closed Substance Cycle Law (Kreislaufwirtschaftsgesetz (KrWG)) for all items listed in Attachment 3 & 4, Line Item Price Sheet and the Performance Work Statement (PWS).

Factor 2 - Price: The offeror shall provide all unit prices in EUROs in Attachment 3 & 4, Line Item Price Sheet, of the Performance Work Statement (PWS) and SF Form 1449 Solicitation/Contract. A formula is added to calculate the total automatically in Attachment 3 & 4 for ELIN 0001 - E0016.

The subtotals of Attachment # 3 (Price Exhibit) shall be carried over into Standard Form (SF) 1449:

For OMA - base period CLIN 0001 (E0001 - E0016), 1st option period 1 CLIN 1001 ( E0001 - E0016) and 2nd Option Period CLIN 2001 (E0001 - E0016).

The subtotals of Attachment # 4 (Price Exhibit # 4) shall be carried over into Standard Form (SF) 1449:

For AFH - base period CLIN 0002 (E0001 - E0016), 1st option period 1 CLIN 1002 ( E0001 - E0016) and 2nd Option Period CLIN 2002 (E0001 - E0016).

Prices shall also be filled in the schedule of the solicitation (Standard Form 1449) and must be signed and dated (block 17a and block 30a. - 30c.).

Please be informed that with the submission of a signed offer the offeror agrees to the provisions of this solicitation, including all attachments.

Questions shall be submitted to all e-mail addresses mentioned below. The subject of the e-mail shall be “Questions W564KV-18-R-0004”. The solicitation shall not be changed (e.g. deletion, addition, exchange, etc.)!

The Government requests that questions are submitted as soon as possible, but not later than 02 November 2017, 12:00 hrs CET. 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. Kindly be informed that it is the offerors’ responsibility to monitor the web site for posting of amendments, answers to questions, and other instructions, if any.

POCs for the solicitation: Cornelia Windecker

Tel. (+49) 611-143-542-6822 cornelia.t.windecker.ln@mail.mil (Cornelia.T.Windecker.LN@mail.mil)

Marcela Bucsa-Rati Tel. (+49) 611-143-542-6819 marcela.l.bucsa-rati.ln@mail.mil (Marcela.L.Bucsa-Rati.LN@mail.mil)

Marius Fara Tel. (+49) 611-143-542-6809 axente.m.fara.ln@mail.mil (Axente.M.Fara.LN@mail.mil)

Further requirements: The offerors shall also fill-in and submit the following documents and return them by e-mail to the POCs for this solicitation by the end of the solicitation period:

1. If applicable, each amendment to the solication, Standard Form (SF) 30, must be signed and dated.

2. The offeror shall fill-in and complete Attachment 5: Contractor Points of Contact and Attachment 7:

Price Summary.

3. Registration:

a) IAW FAR 52.204-7, all offerors shall be registered in the System for Award Management (SAM) at https://www.sam/gov/portal/public/SAM. Offers, where the contractor is not registered may be rejected.

b) WAWF (Wide Area WorkFlow) Registration: Contractors shall also be WAWF registered in order to get invoices paid. Paper copies will not be accepted.

NOTE: Only offerors permitted to provide refuse disposal service under German law will be considered for award.

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

This competitive solicitation for Refuse Disposal Service at Baumholder Military Community will use FAR Part 12 – Acquisition of Commercial Items and FAR Part 13 – Simplified Acquisition Procedures under the authority at FAR 13.5.

The Government intends to award a non-personal Service contract with fixed unit prices resulting from this solicitation for a one year (12 months) base period and 2 options for the period of 12-months each.

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

1. Technical

2. Price

The Government will make an award using the lowest price that also meets factor 1. Technical. Technical is used to evaluate the offeror’s proposal for acceptability. Award will be made on the basis of the lowest evaluated price of proposals meeting the acceptability standards for non-cost factors.

NOTE: Even though Past Performance is not an Evaluation Factor here, provided Past Performance will be evaluated as part of the Contractor Responsibility Determination (not the subcontractor). Therefore please demonstrate recent relevant experience to sucessfully perform the required effort. Recent is defined for this action to be contracts that were performed within the last five (5) calendar years from the issuance date of the Request for Proposals (RFP).

In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror shall be determined to have "neutral" past performance which shall be considered "acceptable".

The Government may reject a proposal if it is found that any information that has a negative impact on the offeror's past performance record has been deleted, misrepresented, or withheld.

It is at the Government's discretion to determine whether past performance information furnished is or is not considered similiar to the size and scope of the present requirement.

As it is the Government’s intention to award without discussions, offerors are cautioned to examine this solicitation in its entirety and to ensure that their proposal contains all necessary information, required documentation, and is complete in all respects. The Government, however, reserves the right to conduct discussions, if necessary.

The Government’s written notice to the offeror before the end of the validity period stating that the Government accepted the offer, by itself, constitutes a binding contract. Each party will receive a signed copy.

Please be advised that the Government will not reimburse Offerors for any costs incurred in preparing, submitting, and supporting the proposals (i.e., bid and proposal (B&P) costs).

Evaluation Factor 1: Technical

The Government shall evaluate the technical proposals on a pass/fail basis, assigning ratings of Acceptable or Unacceptable using the following ratings and descriptions:

TECHNICAL ACCEPTABLE/UNACCEPTABLE RATINGS

Rating Definition

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

The technical factor is met when the offeror submits a copy of a current license (in German language is sufficient) for the applicable region and type of refuse for disposal issued and granted by a competent authority in accordance with § 56 of Closed Substance Cycle Law (Kreislaufwirtschaftsgesetz) for all items listed in Attachment 3 & 4, Line Item Price Sheet. The awardee shall maintain a valid license during the entire contract period of performance.

Evaluation Factor 2: Price

The Government shall evaluate prices on a pass/fail basis, assigning ratings of Acceptable or Unacceptable using the following ratings and descriptions:

TECHNICAL ACCEPTABLE/UNACCEPTABLE RATINGS

Rating Definition

Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

The price factor is met when the offerors submit all prices:

a) Complete pricing for all CLINs and ELINs as required without taxes.

b) Prices submitted in EURO only for all documents (Attachment 3, 4 & 7 and Standard Form 1449).

c) The Government will evaluate offers for award purposes by adding all CLINS (CLIN 0001 & 0002, CLIN 1001 & CLIN 1002, CLIN 2001 & CLIN 2002 (matching attachment 3 & 4 ELINS 0001 through E0016) plus 7500, 7501 and 7502. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Options: The Government will evaluate offers for award purposes by adding the total price for two options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the options. To account for the option period(s) possible under Clause 52.217-8 (maximum six months), Option to Extend Services, the Government will take the price for all CLINs of the final option period, prorate it to a six (6) months value and add it to the sum of all CLINs (base plus all option periods). This amount will be the total evaluated price (TEP).

Each offerors’ proposed price will be evaluated to determine whether it is fair and reasonable. Award will be made based on the lowest price that meets the minimum requirements of the solicitation.

NOTE: "All options" means the 1st and 2nd plus the 6-months option period.

The offerors shall submit the following filled-in

- Attachment 3, Attachment 4 and Attachment 7 and the filled-in and signed solicitation Standard Form 1449 with address for a binding offer (block 17a and blockz 30a - 30

AND

- Attachment 5, Contractor Points of Contract, and return them by e-mail to the POCs for this solicitation by the end of the solicitation period

AND

- The offeror shall submit all signed and dated amendments (Standard Form 30).

The following information must be provided/completed with your offer

POC e-Mail address: ________________________

DUNS Number: ________________________

CAGE Code ________________________

Registered in SAM: Yes ___ No ___

Make sure your status is ACTIVE since no award will be made on expired registration.

Registered in Wide Area Workflow (WAWF): Yes ___ No ___

WAWF will not work when the SAM registration is inactive. This will cause payment delays!

Failure to comply with the above requirements and posted amendments to this solicitation will render the offer unacceptable and will result in an offer not considered for award.

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: Only actual service shall be invoiced after contract award!

NOTE: Offer protests, if any, pertaining to this Solicitation will be handled by the Contracting Officer consistently with USA law.

(b) The solicitation (Standard Form 1449) and any amendments (Standard Form 30), if applicable, must be signed and dated.

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.