W564KV-19-Q-0079.pdf

SEE ADDENDUM

(No Collect Calls)

W564KV19Q0079 28-Aug-2019

b. TELEPHONE NUMBER

314-542-6852

8. OFFER DUE DATE/LOCAL TIME

04:30 PM 16 Sep 2019

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

LUKE M. MALONEY

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

0011281531

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:

562111

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 OF45

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.

W564KV19Q0079

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Each

RECYCLABLES COLLECTION

FFP

Collection and transportation of recyclables material (including rental of containers, pickup and recycling/handling as per attached PWS) prices in accordance with Price-Attachment B (firm fixed price). Each as a unit of issue equates to a month of service.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011281531

PSC CD: S205

NET AMT

0002 12 Each DISPOSAL Services

FFP

Price for treatment and/or disposal of recycled materials or remaining waste; prices in accordance with Price-Attachment C (firm fixed price). Each as a unit of issue equates to a month of service.

FOB: Destination

1001 12 Each

OPTION RECYCLABLES COLLECTION

FFP

Collection and transportation of recyclables material (including rental of containers, pickup and recycling/handling as per attached PWS) prices in accordance with Price-Attachment B (firm fixed price). Each as a unit of issue equates to a month of service.

1002 12 Each OPTION DISPOSAL Service

FFP

Price for treatment and/or disposal of recycled materials or remaining waste; prices in accordance with Price-Attachment C (firm fixed price). Each as a unit of issue equates to a month of service.

2001 12 Each

OPTION RECYCLABLES COLLECTION

FFP

Collection and transportation of recyclables material (including rental of containers, pickup and recycling/handling as per attached PWS) prices in accordance with Price-Attachment B (firm fixed price). Each as a unit of issue equates to a month of service.

2002 12 Each OPTION DISPOSAL Service

FFP

Price for treatment and/or disposal of recycled materials or remaining waste; prices in accordance with Price-Attachment C (firm fixed price). Each as a unit of issue equates to a month of service.

3001 12 Each

OPTION RECYCLABLES COLLECTION

FFP

Collection and transportation of recyclables material (including rental of containers, pickup and recycling/handling as per attached PWS) prices in accordance with Price-Attachment B (firm fixed price). Each as a unit of issue equates to a month of service.

3002 12 Each OPTION DISPOSAL Service

FFP

Price for treatment and/or disposal of recycled materials or remaining waste; prices in accordance with Price-Attachment C (firm fixed price). Each as a unit of issue equates to a month of service.

4001 12 Each

OPTION RECYCLABLES COLLECTION

FFP

Collection and transportation of recyclables material (including rental of containers, pickup and recycling/handling as per attached PWS) prices in accordance with Price-Attachment B (firm fixed price). Each as a unit of issue equates to a month of service.

4002 12 Each OPTION DISPOSAL Service

FFP

Price for treatment and/or disposal of recycled materials or remaining waste; prices in accordance with Price-Attachment C (firm fixed price). Each as a unit of issue equates to a month of service.

7500 1 Job

CONTRACTOR MANPOWER REPORT

FFP

Contractor 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. FY 2019

7501 1 Job

OPTION CONTRACTOR MANPOWER REPORT

FFP

Contractor 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. FY 2020

7502 1 Job

OPTION CONTRACTOR MANPOWER REPORT

FFP

Contractor 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. FY 2021

7503 1 Job

OPTION CONTRACTOR MANPOWER REPORT

FFP

Contractor 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. FY 2022

7504 1 Job

OPTION CONTRACTOR MANPOWER REPORT

FFP

Contractor 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. FY 2023

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 7500 Destination Government Destination Government 7501 Destination Government Destination Government 7502 Destination Government Destination Government 7503 Destination Government Destination Government 7504 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 28-SEP-2019 TO

27-SEP-2020

N/A USAG RHEINLAND-PFALZ

USAG RP

164 ROB

APO AE UNIT 23152 09054

W80T26

0002 POP 28-SEP-2019 TO

27-SEP-2020

N/A USAG RHEINLAND PFALZ

USAG RHEINLAND-PFALZ

162 ROB

67663 KAISERSLAUTERN

GERMANY

1001 POP 28-SEP-2020 TO

27-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 28-SEP-2020 TO

27-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 28-SEP-2021 TO

27-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 28-SEP-2021 TO

27-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 28-SEP-2022 TO

27-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 28-SEP-2022 TO

27-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 28-SEP-2023 TO

27-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 28-SEP-2023 TO

27-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

7500 31-OCT-2020 1 (SAME AS PREVIOUS LOCATION)

7501 31-OCT-2021 1 (SAME AS PREVIOUS LOCATION)

7502 31-OCT-2022 1 (SAME AS PREVIOUS LOCATION)

7503 31-OCT-2023 1 (SAME AS PREVIOUS LOCATION)

7504 31-OCT-2024 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

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 OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.212-1 Instructions to Offerors--Commercial Items OCT 2018 52.212-3 Offeror Representations and Certifications--Commercial

Items

OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

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

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 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 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-1 Payments APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.252-6 Authorized Deviations In Clauses APR 1984 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

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7008 Only One Offer JUL 2019 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7007 Limitation Of Government's Obligation APR 2014 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 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

ADDENDUM TO FAR 52.212-1

Addendum to 52.212-1 -- Instructions to Quoters -- Commercial Items

Paragraph (b) is supplemented as follows:

(b) Submission of Quotes. The following instruction to quoters is to ensure sufficient information necessary for the Government to fully understand and evaluate the quote submitted. The Government intends to award a Firm-Fixed Price (FFP) contract for this requirement.

1. Quotes shall be submitted prior to the closing date and time identified in Block 8 of the SF 1449, or pursuant to the latest issued SF 30 amendment. Quoter shall complete blocks 12 (if applicable), 17a, 30a, 30b, and 30c on page 1 of the SF 1449. In doing so, the contractor agrees to the contract terms and conditions as written in the Solicitation including its attachments. Local Time means Central European Summer Time. Quotes shall be submitted electronically to the following email addresses:

Contracting Officer: Luke M. Maloney E-mail: luke.m.maloney.civ@mail.mil

Contract Specialist: Werner Fauss E-mail: werner.fauss.ln@mail.mill

2. The subject of the email(s) shall be W564KV-19-Q-0079. All quotes must be in English. Quotes that are sent in multiple emails shall be numbered to include the total number of emails sent.

3. The point of contact responsible for supplying additional information and answering all inquiries is the Contracting Officer via the Contract Specialist. Address all questions or concerns the quoter may have to the contract specialist, Werner Fauss, no less than seven (7) calender days prior to solicitation closing. Questions shall annotate a reference to the specific solicitation element to which they pertain.

4. If a quoter believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the quoter shall immediately notify the Contracting Officer in writing with supporting rationale. The quoter is reminded that the Government reserves the right to award this effort based on the initial quotes, as received, without discussion.

5. All referenced documents for this solicitation are available on the Federal Business Opportunities (FedBizOpps) website at http://www.fedbizopps.gov. Potential quoters are encouraged to subscribe for e-mail notifications when information has been posted to the website for this solicitation.

6. The Government reserves the right to consider as acceptable only those quotes submitted in accordance with all requirements set forth or referenced in this solicitation and that demonstrate an understanding of the scope of the requirement.

7. Types of acceptable media are Word or PDF document compatible with MS Word 2007 or Adobe Reader 9.

WINZIP (.zip) files cannot be accepted as they are routinely blocked by the domain firewall. Proposals that are sent in multiple e-mails shall be numbered to include the total sent, for example “2 of 6.”

8. The following are the evaluation factors, which the Government will use in determining best value:

Factor I - TECHNICAL:

A. Subfactor - Certifications: The quote shall provide documentation demonstrating that the quoter is certified in the following areas: as a “Waste Management Company” (“Entsorgungsfachbetrieb”) certified in accordance with § 56 German “Closed Substance Cycle Waste Management Act” (“Kreislaufwirtschaftsgesetz”) and the German “Waste Management Company Ordinance” (“Entsorgungsfachbetriebeverordnung – EfbV”). Additionally, the quoter shall provide documentation demonstrating it has active waste disposal / recycling licenses for all municipal administration districts covered under this effort.

B. Subfactor - Experience: The quoter shall provide documentation demonstrating it has at least five (5) years’ experience performing recycling and disposal services on a site that has similar security requirements to a military installation, meaning secure facilities and guarded entrance/exits.

Factor II - PAST PERFORMANCE:

A. The past performance evaluation will consist of an acceptable or unacceptable rating. If no past performance information exists, then the quote will receive an acceptable rating.

B. Quotes shall provide up to, but no more than three (3) past performance references of recent and relevant contracts. Recent is defined as contracts performed within the past five (5) years from the issuance date of the solicitation. Relevant means contracts of a similar scope and magnitude for recycling and disposal services. The Government is not bound by the quoter’s assessment of relevancy.

C. This section shall be organized into the following sections:

Sub-Section 1 – Past Performance Reference. This section shall include the following information in the following format:

a. Contractor/Subcontractor CAGE Code and DUNS Number. If the work was performed as a subcontractor, also provide the name of the prime contractor and Point of Contact (POC) within the prime contractor organization (name, and current address, e-mail address, and telephone and fax numbers).

b. Commercial Business or Government contracting activity, and current address, point of contact (POC) name, e-mail address and telephone number.

c. Contract Number and if applicable, include Delivery Order Numbers also.

d. Contract Type (specific type such as Fixed Price (FFP), Cost Reimbursement (CR), Time & Materials (T&M), etc.). In the case of Indefinite Delivery contracts, indicate specific type (Requirements, Definite Quantity, or Indefinite Quantity) and secondary contract type (FFP, CR, T&M, etc.).

e. Total price/cost and the largest annual price/cost.

f. Period of Performance.

Sub-Section 2 - Performance. Quotes shall provide a brief narrative of each past performance reference listed in sub-section 1 detailing how the effort is relevant to the requirements of this solicitation.

Factor III - PRICE:

A. Quotes shall propose prices for all CLINs include the Option Period CLINs. The CLINs are as follows:

Recyclables Collection - (CLINs 0001, 1001, 2001, 3001, and 4001).

The quoter shall use the Attachment B - Services Quantity, to develop its price. The quoter shall insert a price per unit in Column E of Attachment B for each row as indicated in the attachment. The quoter shall include a price per unit for each tab of the attachment worksheet. Each tab represents a period of performance (base plus option periods).

Disposal Services (CLINs 0002, 1002, 2002, 3002, and 4002).

The quoter shall use the Attachment C – Price Exhibit Disposal Form, to develop its price. The quoter shall insert a price per unit in Column E of Attachment C for each row as indicated in the attachment. The quoter shall include a price per unit for each tab of the attachment worksheet. Each tab represents a period of performance (base plus option periods).

CMR Manpower Reporting - Unscheduled Maintenance/Repair (CLINS 7500, 7501, 7502, 7503, 7504, and 7505). The quoter shall enter a price or enter the price as “Not Separately Priced” for each CMR CLIN on the SF 1449.

The quoters shall submit Attachments B and C with their quotes.

B. The Total Evaluated Price (TEP) shall be comprised of the summation of all CLINs.

C. All quotes shall be submitted in Euros.

Paragraph (f) is supplemented as follows:

The time specified in the solicitation for receipt of quotes is local time, Kaiserslautern, Germany (Central Summer European Time).

CLAUSES INCORPORATED BY FULL TEXT

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

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

Significant evaluation factors:

I. Technical II. Past Performance III. Price

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

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

(End of provision)

ADDENDUM TO FAR 52.212-2

Addendum to FAR 52.212-2 -- Evaluation -- Commercial Items

A. Basis for Award

The Government will make a single award based on price and other factors. The award procedures shall be IAW FAR 13.106. The evaluation criteria consist of three (3) evaluation factors: Technical, Past Performance, and Price. To be eligible for award, a rating of "Acceptable" must be achieved for the Technical factor and a rating of "Acceptable" for the Past Performance Factor. In order to be determined “Acceptable” in the Technical factor, a quote must be rated “Acceptable” for each of its subfactors:

Certifications and Experience. Of the quotes found to be eligible for award, the Government will select the lowest priced acceptable award.

This is a solicitation for a Firm-Fixed-Price (FFP) commercial contract with a twelve-month base year and four (4) twelve-month Option Periods.

B. Evaluation Factors:

The following factors shall be used to evaluate quotes:

Factor I – Technical Factor II – Past Performance Factor III – Price

C. Evaluation Approach

1. Factor I - TECHNICAL:

a) Subfactor – Certifications and Licenses: The Government will evaluate whether the quote contains documentation that the quoter retains active certifications and active licenses as set forth in the Addendum to 52.212-1 for this subfactor.

b) Subfactor - Experience: The Government will evaluate whether documentation has been provided to demonstrate the quoter’s experience meets the requirements as set forth in the Addendum to FAR 52.212-1 for this subfactor.

c) Technical, non-priced factors other than past performance shall be evaluated in accordance with FAR 13.106-2(b). Technical factors will be rated on an "acceptable" or "unacceptable" basis using the ratings in Table A-1.

Table A-1. Technical Evaluation Ratings

Rating Description

Acceptable Quote meets the requirements of the solicitation.

Unacceptable Quote does not meet the requirements of the solicitation.

2. Factor II - PAST PERFORMANCE:

a) Past Performance shall be evaluated in accordance with FAR 13.106-2(b). Past Performance will be rated on an "acceptable" or "unacceptable" basis using the ratings in Table A-2.

Table A-2. Past Performance Evaluation Ratings

Rating Description

Acceptable Based on the quoter's performance record, the Government has a reasonable expectation that the quoter will successfully perform the required effort, or the quoter's performance record is unknown. (See note below.)

Unacceptable Based on the quoter's performance record, the Government has no reasonable expectation that the quoter will be able to successfully perform the required effort.

Note: In the case of a quoter without a record of relevant past performance or for which information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter will be rated “acceptable”.

b) Past Performance Information:

Past performance information may be provided by the quoter, as solicited.

Past performance information may be obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases; interviews with Program Managers, Contracting Officers, and Fee Determining Officials; and the Defense Contract Management Agency.

c) Past Performance Evaluation: The Government will consider the quoter's previous and current record of contractual performance. The Government assessment will focus on recent contracts that are relevant to the effort required by this solicitation and the quality of the performance on those contracts.

The quoter's past performance must be both recent and relevant to receive an acceptable rating. Recent is defined for this action to be contracts that were awarded and/or performed within the last five (5) calendar years, from the date of RFP issuance. Past performance information will be evaluated to determine the quality and usefulness as it applies to the past performance competence assessment.

Relevant to this effort is defined in the following Table A-3:

Table A-3. Relevancy Criteria Table

RATING DESCRIPTION

Relevant (R) Relevant means contracts of a similar scope and magnitude for recycling and disposal services.

Similar in scope means that the work must have been for recycling and disposal services.

Similar magnitude means contracts with an annual value equal to or greater than

$150,000.00.

Not Relevant

(NR)

Present/past performance was not of a similar scope and/or did not involve any of the magnitude of effort that this solicitation requires.

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

e) It is at the Government's discretion to determine whether past performance information furnished is or is not considered similar to the size and scope of the present requirement. Should the quoter have no past performance information the Government will assign an "Acceptable" rating.

f) Quoters are cautioned that, in conducting the past performance assessment, the Government may use data provided in the quote and data obtained from other sources. Since the Government may not necessarily interview all of the sources provided by the quoter, it is incumbent upon the quoter to explain the relevance of the data provided.

3. Factor III - PRICE:

a) The Government will evaluate the Total Evaluated Price (TEP) for reasonableness IAW FAR 13.106-

3. The summation of all CLINs, to include the basic year period and all option year periods, will be the TEP. Quoters shall propose amounts for ALL CLINs, unless the CMR CLINs are not separately priced. Evaluation of options shall not obligate the Government to exercise the option(s). The Government will develop the TEP based on the pricing provided in the Attachments B and C and the CMR CLIN prices derived from the SF 1449..

b) The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. 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-month value, and add it to the sum of all CLINs (base plus all option periods). This amount will be the total evaluated price. The Government may determine that a quote is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the options.

c) Each quote is presumed to represent the quoter’s best effort to respond to the solicitation. The Government will evaluate quotes for the purpose of award by considering the TEP. The Government may determine that a quote is unacceptable if the prices are significantly unbalanced. However, the Government reserves the right to further evaluate TEP, and the individual elements that comprise the TEP, and utilize any of the price evaluation techniques described at FAR 15.404-1(b), if necessary, in order to determine whether a quote is fair and reasonable.

Paragraph (c) is removed and replaced as follows:

An order may be sent to the contractor resulting from this solicitation. The contractor shall accept the order, which may be indicated via notification in writing, a signature, or by proceeding with work.

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (MAY 2019)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

(v) 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.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

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

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

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

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

(xi) 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.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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).

(xxi) 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.

(xxii) 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.

(End of clause)

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 30days 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 30 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 60 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

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For fixed price line items— Invoice 2in1

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD

Issue By DoDAAC W564KV

Admin DoDAAC** W564KV

Inspect By DoDAAC W80T26

Ship To Code n/a

Ship From Code n/a

Mark For Code n/a

Service Approver (DoDAAC) W80T26

Service Acceptor (DoDAAC) W80T26

Accept at Other DoDAAC n/a

LPO DoDAAC n/a

DCAA Auditor DoDAAC n/a

Other DoDAAC(s) n/a

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

______luke.m.maloney.civ@mail.mil___________________________________________________________

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

5152.233-4002 AMC-LEVEL PROTEST PROGRAM (June 2016)

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the Government Accountability Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 45 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to:

Protest to HQAMC shall be filed at:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil

Packages sent by FedEx or UPS should be addressed to:

Headquarters U.S. Army Materiel Command

Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000

The AMC-level protest procedures are found at:

https://www.amc.army.mil/Connect/Legal-Resources/

If Internet access is not available, contact the contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

(End of Provision)

ATTACHMENT LIST

ATTACHMENT LIST:

ATTACHMENT A - USAG RP Recycling Container Inventory & Pick-up Schedule

ATTACHMENT B - Statement of Services

ATTACHMENT C - Price Exhibit Disposal Form

ATTACHMENT D - Recycling Balance

ATTACHMENT E- Container Labeling

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Recycling Services and Disposal Contract for United States Army Garrison Rheinland-

Pfalz (USAG RP) Installations within the County of Kaiserslautern Directorate of Public Works

Part 1

GENERAL INFORMATION

1. Introduction, Responsibilities, Management, Requirements, and Training

1.1 Introduction: This is a non-personal services contract to provide recycling and disposal services for USAG RP Installations within the County of Kaiserslautern. Services include but are not limited to providing and maintaining a number of various permanent and time-limited containers, bins and compactors for the collection of recyclables. Services also include pick-ups, transportation, recycling / disposal, treatment, storage, segregation, and maintaining necessary documentation (invoices, statistics, ATTACHMENT D). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who in turn is responsible to the Government.

1.2 Background: The Contractor shall provide all personnel, equipment, tools, materials, supervision, other items and services necessary to perform the collection, the pick-up, the transportation, the recycling / disposal, the treatment, and the segregation of recyclable materials and comparable waste and services as defined in this PWS.

1.3 Responsibilities: The Contractor shall assume total responsibility for all requirements stated herein on the commencement date of the performance period. The Contractor shall perform as specified in this contract and under the direction of the Contracting Officer (KO).

1.3.1 Work Responsibility: The Contractor shall perform all work and assume responsibility for planning, programming, administering, managing, and executing all functions necessary to provide the services specified in this PWS. The Contractor shall conduct work in accordance with this PWS and all applicable United States (U.S.), German, and local laws, regulations, standards, provisions, and directives. The Contractor shall ensure that all work meets the level of service, performance standards, or tolerances specified in the PWS. Some services under this contract may be performed at designated facilities, or portions of installations, by in-house Government personnel, or by other Contractors.

1.3.2 Administrative Responsibility: The Contractor shall perform all related administrative actions required to provide services or perform work such as material requisitioning, quality control (QC), financial control, meetings, and correspondence. The Contractor shall also maintain accurate and complete records, files, and libraries of documents to include all U.S., German, and local regulations, standards, provisions, codes, laws, technical manuals, and manufacturers’ instructions and recommendations that are necessary and related to the functions being performed. The Contractor shall prepare required reports, and submit information as specified by the “Attachment List” presented in this PWS.

1.4 Objectives: Establish a safe and reliable system for the collection of recyclables, the pick-ups, the transportation, the recycling / disposal, the treatment, and the segregation for USAG Rheinland-Pfalz installations within the County of Kaiserslautern.

1.5 Functional Areas: Various installations within the County of Kaiserslautern except the City of Kaiserslautern; outlined in ATTACHMENT A, “Pick-up Schedule”.

1.6 Period of Performance: The period of performance shall be for one (1) base year of 12 months (28 SEP 2019 – 27 SEP 2020) plus four (4) option periods of 12 months.

1.7 Management and Administration

1.7.1 Phase In / Phase Out Period: There is a ten (10) work-days phase-in period. The Contractor must be ready to perform the services on 28 SEP 2019. The phase-out period at the end of the contract is also 10 (ten) work-days. The Contractor shall accommodate a phase-in period of 10 workdays or less. The emptying of the old containers shall be performed by removing them and immediately replacing the old containers with new containers. There is no space for multiple bins to allow for longer phase-in. Phase-in / phase-out prices shall be distributed over other base year CLINs.

1.7.2 Contractor Management: The Contractor shall perform continual management of the functional areas contained in this PWS and shall provide a Project Manager with a physical presence at the contractor’s facility during normal duty hours. The Project Manager (PM) shall conduct overall management coordination and shall be the central Point of Contact (POC) with the Government for performance of all work under this PWS. At the Post Award conference, the Contractor shall submit to the Contracting Officer Representative (COR) the name, title, office, home and mobile telephone number of the Project Manager in writing.

In addition to the PM, an alternate PM shall be designated to act for the Project Manager when work is being performed outside of duty hours, or during the Project Manager’s absence. Both the Project Manager and the alternate PM shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.7.3 Contractor Responsiveness: The Project Manager or the designated alternate shall be available for telephone communication or site attendance with the COR between the hours of 06:00 hrs. and 18:00 hrs. Monday thru Saturday except American Federal holidays, German holidays, or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. A personal answering service is permitted at other than normal contract workdays and work hours for the receipt of COR emergency response work requirements. The Project Manager or the designee has to respond to all calls, emails, etc. within a timeframe not exceeding two hours after notification by the answering machine and / or service. The Project Manager and alternate PM shall have full authority to contractually bind the Contractor for prompt action on matters pertaining to execution of the PWS.

1.7.4 Meetings, Conferences, and Briefings: The Contractor shall attend, participate in, and furnish input to scheduled and unscheduled meetings, conferences, and briefings that relate to the functions and services herein as required by the Government to provide effective communication and impart necessary information. The Project Manager or alternate PM shall attend the meetings as requested by the Government. At times, meeting attendees shall include Contractor managerial, supervisory, and other personnel knowledgeable of the subject matter. Meetings may start or end outside of regular duty hours.

1.7.5 Hours of Operation: The Contractor shall conduct business between the hours of 06:00 hrs. and 18:00 hrs. Monday thru Friday except American Federal holidays, German holidays, or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor shall maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS at all times when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.7.6 Recognized Holidays: The Contractor shall not perform services on American or German…