10_N3319120R4023.pdf

Interested Parties must contact magdalena.guerra@eu.navy.mil for Standard

Form 1449 for signature page. Interested parties that request Standard Form

1449 will receive signature page no later than 19 March 2020.

mailto:magdalena.guerra@eu.navy.mil

N3319120R4023

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Vehicle Lease Setermoen

FFP

In accordance with Performance Work Statement.

Contractors shall propose in NOK.

Estimated start date April 2020.

FOB: Destination

PSC CD: W023

NET AMT

0002 12 Months Vehicle Lease Vaernes

FFP

In accordance with Performance Work Statement.

0003 12 Months OPTION Vehicle Lease Setermoen

FFP

In accordance with Performance Work Statement.

Estimated start date April 2021.

0004 12 Months OPTION Vehicle Lease Vaernes

FFP

In accordance with Performance Work Statement.

0005 12 Months OPTION Vehicle Lease Setermoen

FFP

In accordance with Performance Work Statement.

Estimated start date April 2022.

0006 12 Months OPTION Vehicle Lease Vaernes

FFP

In accordance with Performance Work Statement.

0007 12 Months OPTION Vehicle Lease Setermoen

FFP

In accordance with Performance Work Statement.

Estimated start date April 2023.

0008 12 Months OPTION Vehicle Lease Vaernes

FFP

In accordance with Performance Work Statement.

0009 12 Months OPTION Vehicle Lease Setermoen

FFP

In accordance with Performance Work Statement.

Estimated start date April 2024.

0010 12 Months OPTION Vehicle Lease Vaernes

FFP

In accordance with Performance Work Statement.

0011 12 Months Airport Parking Fees Setermoen

FFP

In accordance with Performance Work Statement.

0012 12 Months OPTION Airport Parking Fees Setermoen

FFP

In accordance with Performance Work Statement.

0013 12 Months OPTION Airport Parking Fees Setermoen

FFP

In accordance with Performance Work Statement.

0014 12 Months OPTION Airport Parking Fees Setermoen

FFP

In accordance with Performance Work Statement.

0015 12 Months OPTION Airport Parking Fees Setermoen

FFP

In accordance with Performance Work Statement.

0016 12 Months Airport Parking Fees Vaernes

FFP

In accordance with Performance Work Statement.

0017 12 Months OPTION Airport Parking Fees Vaernes

FFP

In accordance with Performance Work Statement.

0018 12 Months OPTION Airport Parking Fees Vaernes

FFP

In accordance with Performance Work Statement.

0019 12 Months OPTION Airport Parking Fees Vaernes

FFP

In accordance with Performance Work Statement.

0020 12 Months OPTION Airport Parking Fees Vaernes

FFP

In accordance with Performance Work Statement.

0021 12 Months Tolls Setermoen

FFP

In accordance with Performance Work Statement.

Contractors shall NOT propose pricing for this CLIN.

Contractor will be reimbursed based on actual cost each month.

Estimated amount will be provided at time of award.

0022 12 Months OPTION Tolls Setermoen

FFP

In accordance with Performance Work Statement.

Contractors shall NOT propose pricing for this CLIN.

Contractor will be reimbursed based on actual cost each month.

0023 12 Months OPTION Tolls Setermoen

FFP

In accordance with Performance Work Statement.

Contractors shall NOT propose pricing for this CLIN.

Contractor will be reimbursed based on actual cost each month.

0024 12 Months OPTION Tolls Setermoen

FFP

In accordance with Performance Work Statement.

Contractors shall NOT propose pricing for this CLIN.

Contractor will be reimbursed based on actual cost each month.

0025 12 Months OPTION Tolls Setermoen

FFP

In accordance with Performance Work Statement.

Contractors shall NOT propose pricing for this CLIN.

Contractor will be reimbursed based on actual cost each month.

0026 12 Months Tolls Vaernes

FFP

In accordance with Performance Work Statement.

Contractors shall NOT propose pricing for this CLIN.

Contractor will be reimbursed based on actual cost each month.

0027 12 Months OPTION Tolls Vaernes

FFP

In accordance with Performance Work Statement.

Contractors shall NOT propose pricing for this CLIN.

Contractor will be reimbursed based on actual cost each month.

0028 12 Months OPTION Tolls Vaernes

FFP

In accordance with Performance Work Statement.

Contractors shall NOT propose pricing for this CLIN.

Contractor will be reimbursed based on actual cost each month.

0029 12 Months OPTION Tolls Vaernes

FFP

In accordance with Performance Work Statement.

Contractors shall NOT propose pricing for this CLIN.

Contractor will be reimbursed based on actual cost each month.

0030 12 Months OPTION Tolls Vaernes

FFP

In accordance with Performance Work Statement.

Contractors shall NOT propose pricing for this CLIN.

Contractor will be reimbursed based on actual cost each month.

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

52.209-7 Information Regarding Responsibility Matters OCT 2018

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.214-34 Submission Of Offers In The English Language APR 1991

52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007

52.225-25 Prohibition on Contracting with Entities Engaging in Certain

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

AUG 2018

52.228-8 Liability and Insurance - Leased Motor Vehicles MAY 1999

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014

52.233-3 Protest After Award AUG 1996

52.242-13 Bankruptcy JUL 1995

52.247-34 F.O.B. Destination NOV 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

DEC 2019

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

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

252.225-7042 Authorization to Perform APR 2003

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

(a) thru (k) is hereby tailored as follows:

Proposal Questions must be submitted by 11 March 2020 by 02:00 PM Central European Time (CET) to

Magdalena Guerra at magdalena.guerra@eu.navy.mil and Vicki Blankenship at vicki.blankenship@eu.navy.mil.

Proposal Questions will be answered by 13 March 2020 by 4:00 PM Central European Time (CET) and posted on https://beta.sam.gov/.

The complete Proposal must be submitted by 20 March 2020 by 02:00 PM Central European Time (CET) to

Magdalena Guerra at magdalena.guerra@eu.navy.mil and Vicki Blankenship at vicki.blankenship@eu.navy.mil.

Award will be made no later than April 2020.

Proposals shall be submitted via e-mail with the subject line as follows:

“SOLICITATION N3319120R4023; Vehicle Lease for Norway”

Submission of offers: Submit signed and dated offers at or before the exact time specified in this solicitation.

Proposal format: All offerors shall submit their proposals for Non-Price (i.e. technical) Evaluation Factors in accordance with the following format and content specified. The electronic proposal shall be prepared so that if an evaluator prints the proposal it meets the following format requirements:

- 8.5 x 11 inch paper

- 1 inch margins

- No smaller than 10 point font and no larger than 12 point, using Times New Roman. All font will be the same size.

- No hyperlinks

- Microsoft Word (.docx) or Adobe Acrobat (.pdf) software

(1) Cover Letter: A cover letter is required with submittal of proposal. Offerors who do not provide complete cover letter may not be considered for award.

The cover letter must contain at minimum the following information:

i. The solicitation number

ii. The name, address, and telephone number of the offeror

iii. CAGE/NCAGE Code

iv. DUNS

v. Total Price (as noted in Attachment A -Firm Fixed Price Form)

vi. Identify the point of contact who will serve as the primary interface between the U.S.

Government and the Contractor for contractual matters.

vii. Identify the Contractor Project Officer (CPO) who will serve as the primary interface between the U.S. Government and the Contractor for contract management, accountability, and administration throughout the contract performance period.

viii. Statement noting that the proposal is valid for 60 calendar days from the date specified for receipt of offers.

ix. Acknowledgement of any Amendments (List Amendments)

x. A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fails to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

xi. U.S. BANK ACCOUNT OR AFFILIATE The Government intends to pay invoices in accordance with the clause for Wide Area Work Flow. To do this, your firm must have a U.S.

bank or a U.S. bank affiliate associated with your local bank. Identify the name of your U.S.

bank or affiliate and provide the bank routing number (i.e. routing transit number) for purposes of paying invoices.

(2) Pricing Submission:

Offerors shall provide a unit price for each CLIN listed in the Price schedule located on Firm Fixed Price Form

(Attachment A). The offeror must submit pricing for the base period and all option periods. Offerors who do not provide pricing for all the CLINs will not be considered for award.

The price shall be inclusive of all applicable Taxes, VATs, Tariffs and Fees. The contractor must include all applicable taxes in the price of the contract. Any taxes from which the U.S. Government is exempt should not be included in the price. It is the offerors responsibility to identify applicable taxes and ensure the pricing is inclusive of those costs.

(3) Technical Proposal Submission, Submit the following:

a) FACTOR 1 –EXPERIENCE:

Offeror shall submit one (1) of the attached Experience Questionnaire (Attachment B), and one (1) copy of the contract demonstrating experience identified on Attachment B.

The Offeror shall submit one (1) recent and relevant vehicle transportation service contracts that best demonstrates the service experience similar to the Performance Work Statement. The Government will not review more than one

(1) contract. A Relevant contract must demonstrate experience in leasing and maintenance of vehicles in

Norway for a minimum of 10 vehicles with a minimum of 3 month lease. Contract submitted for the Offeror must have been performed within the last two (2) years as of the date of the RFP. The description of the project shall clearly describe the scope of work performed and the relevancy to the Performance Work Statement of this solicitation. This contract is to have been performed by the Offeror as a prime contractor, joint venture

/team/partner member, or as a subcontractor.

b) FACTOR 2 – PAST PERFORMANCE:

The Offeror shall submit one (1) past performance evaluation, for project submitted under Factor 1 – Experience. If a completed U.S. Government “Contract Performance Appraisal Retrieval System” (CPARS) evaluation is available, it shall be submitted with the proposal.

If a CPARS evaluation is not available, then the Offeror shall submit a completed Past Performance

Questionnaire (PPQ) (Attachment C) for project included in Factor 1 - Experience.

If a Past Performance Questionnaire (PPQ) is submitted, ensure correct phone numbers and email addresses are provided for the client point of contact. Past Performance Questionnaire must be completed by the customer(s) of the project submitted under Factor 1. If the evaluation is in other than English, provide a translation of the evaluation into English.

The Government may review any other sources of information for evaluating past performance. Other sources may include, without limitation: past performance information retrieved through the Past Performance Information

Retrieval System (PPIRS) using all CAGE and DUNS numbers of any team members (that were, or are, members of any business association, including, without limitation, partnerships, joint ventures, teaming arrangements, or parent companies, subsidiaries, or affiliates); sources identified in the offeror’s proposal; inquiries of owner representative(s), and; any other sources. However, the Offeror must provide all of its own detailed, current, accurate and complete past performance information.

While the Government may elect to consider data from other sources, the burden of providing detailed, current, accurate, and complete past performance information rests with the offeror.

If an Offeror is unable to obtain a completed PPQ from a client for a project(s) before proposal closing date, the

Offeror shall complete and submit with the proposal the first page of the PPQ, which will be provide the contract and client contact information for the respective project(s). The Government may make reasonable attempts to contact the client to obtain the PPQ information. However, Offerors should follow-up with clients/references to help ensure timely submittal of questionnaires.

The Government reserves the right to contact references for verification or additional information. The

Government’s inability to contact any of the Offeror’s references or the references unwillingness to provide the information requested may affect the Government's evaluation of the factor.

(4) System for Award Management:

1. System for Award Management (SAM) registration is required for all Offerors, including Joint Venture (JV)

Offerors (registration must state the NAME of the JV). SAM registration can be accomplished at https://www.sam.gov. Offerors not currently registered in SAM shall obtain a DUNS number and a CAGE or

NCAGE prior to registering in SAM.

2. A DUNS number is required for all Offerors, including JV Offerors. In addition to the DUNS number required for

JV Offerors, JV Offerors must provide a DUNS number for each member comprising the JV.DUNS numbers can be obtained at http://fedgov.dnb.com/webform.

The DUNS number is required in order to register in SAM.

3. Offerors must be registered in the SAM prior to the submission of proposals. If the Offeror is not currently active in SAM, then the Offeror must provide proof of registration with their price proposal submission. SAM registration must be active in order to be considered for award.

(5) Cage/NCage Code:

1. A CAGE/NGAGE Code is required for all Offerors, including JV Offerors. JV Offerors must acquire aCAGE/NCAGE Code registered in the JV name.

2. U.S. Offerors, including Joint Venture Offerors: U.S. Offerors must obtain a CAGE Code prior to registering in the SAM database, which is part of the SAM registration process.

3. Non-U.S. (foreign) Offerors ONLY: Non-U.S. Offerors must obtain a NATO CAGE

(NCAGE) Code instead of a CAGE Code prior to registering in the SAM database. NCAGE codes may be obtained at the NCAGE website http://www.dlis.dla.mil/Forms/Form_AC135.asp.

(6) Filled in Provisions:

The offeror shall submit a completed copy of the following provisions:

FAR 52.212-3.REPRESENTATIONS AND CERTIFICATIONS;

DFARS 252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES—

REPRESENTATION; AND

DFARS 252.204-7017 PROHIBITION ON THE ACQUISITON OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION

(7) Joint Venture Agreement (if applicable):

Offerors that are submitting a proposal under a Joint Venture shall adhere to the following: For the purposes of this solicitation, a joint venture (JV) refers to a U.S.-Styled Formal legal entity in the nature of a partnership comprised of two or more Persons or companies. Each joint venture must provide one (1) CAGE/NCAGE code, one (1) DUNS number for the joint venture and one (1) DUNS number for each member comprising the joint venture. Each joint venture must be registered in SAM using the name of the joint venture that establishes the JV.

Joint Venture Offerors (JV), shall provide with their proposal a notarized legal document. The JV Agreement shall take effect upon the submission of the proposal and remain irrevocable until one (1) year after the work has been finally inspected and accepted by the Government. Submission of the notarized legal document that establishes the

JV shall be furnished with the proposal in its original language version along with a certified English translation of the notarized JV document.

The Joint Venture must be formed and valid at the time of submission of the proposal. The validated notarized legal document must include language that each member of the JV will be jointly and severally liable for the performance of the whole contract and will be incorporated into the contract award if award is made to the JV.

The Joint Venture Agreement shall include, at a minimum, the following:

(a) Name of firms that form the JV and the name of the JV.

http://fedgov.dnb.com/webform http://www.dlis.dla.mil/Forms/Form_AC135.asp https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550

(b) Name and title of the corporate officials signing on behalf of each party.

(c) Solicitation number.

(d) Description of the responsibilities in terms of work category for each member (for example:

Firm A performing 100% of work).

(e) The statement "The composition and structure of the JV will remain unchanged from award to one (1) year after contract completion.”

(f) Date of issuance of the agreement and notarized signature of the corporate officials signing in behalf of each party.

(g) Statement under oath stating that the Joint Venture (JV) is in compliance at the time of proposal submission with all applicable laws, rules, and regulations. This statement must be signed under oath by all members comprising the

Joint Venture.

(i) Have appropriate vendor registration as required in Section M.

The U.S. Government reserves the right to review the actual JV Agreement, to determine its basis and compliance with the applicable laws. Any internal agreements affecting the internal composition of the existing JV and its potential liabilities in relation to the contract (performance guarantee, insurance, etc.) will be sent to the Contracting

Officer to provide notice of the same. Any change in the composition of the JV will require the JV to formally request a Novation Agreement in accordance with FAR 42.12, which will be approved/disapproved at the discretion of the Contracting Officer.

(End of provision)

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

(a) thru (k) is hereby tailored as follows:

A. BASIS FOR AWARD

Award will be made to the Offeror whose proposal offers the best value to the Government based on the

Lowest Price Technically Acceptable (LPTA) evaluation method. The evaluation factors are as follows:

1- PRICE FACTOR

2-NON-PRICE FACTOR: EXPERIENCE AND PAST PERFORMANCE

The number of proposals to be evaluated will be limited to the lowest priced offer. If proposal is not found to be technically acceptable, then the process will be conducted again as many times as necessary, until such time as the Government identifies a technically acceptable proposal.

The Government reserves the following rights, to: (a) eliminate from award consideration any or all offers (b) negotiate with offerors in the competitive range, and; (c) award the contract to the offeror submitting the lowest priced, technically acceptable offer.

The Government intends to evaluate proposals and award a contract without discussions with offerors (other than those communications conducted for the purpose of minor clarifications as described in FAR 15.306(a)), unless discussions are determined to be necessary by the Contracting Officer.

In accordance with FAR 9.104-3, the Contracting Officer shall require acceptable evidence of the prospective contractor’s ability to obtain required resources and be determined responsible. If the Contracting Officer determines the lowest price technically acceptable offeror to not be responsible, the Government reserves the right to award to the next responsible, lowest price technically acceptable offeror. The Government may award to the lowest price technically acceptable offeror without discussions.

B. EVALUATION FACTORS:

1-PRICE FACTOR

Solicitation Submittal Requirements: Completed Firm Fixed Price Form (Attachment A)

Basis of Evaluation: Government will evaluate the total price for reasonableness. Total price consists of the basic requirements and all option items priced in Attachment A. The Government intends to evaluate all options and has included the provision FAR 52.217-5, Evaluation of Options. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of Options will not obligate the

Government to exercise the option(s).

Analysis will be performed by one or more of the following techniques to ensure a fair and reasonable price:

(1) Comparison of proposed prices received in response to the RFP.

(2) Comparison of proposed prices with the IGE.

(3) Comparison of proposed prices with available historical information.

(4) Comparison of market survey results.

The Government reserves the right, but is not obligated, to review prices for realism. If the Government elects to conduct a price realism analysis, it may consider offeror(s’) understanding of the work, ability to perform the work, or proposed prices received in response to the solicitation in this analysis and risk assessment. An unrealistically low price may result in the offeror(s’) proposed price being rejected and the offeror(s)’ proposal being ineligible for award). Additionally, the Government reserves the right, but is not obligated, to review for unbalanced pricing.

Unbalanced pricing may pose an unacceptable risk to the Government and may be a reason to reject an offeror’s proposal.

2-NON-PRICE FACTORS:

The solicitation requires the evaluation of price and the following non-price factors:

Factor 1 – EXPERIENCE

Factor 2 – PAST PERFORMANCE

The distinction between experience and past performance is experience pertains to the types of work and volume of work completed by a contractor that are comparable to the types of work covered by this requirement, in terms of size, scope, and complexity. Past performance pertains to both the relevance of recent efforts and how well a contractor has performed on the contracts, such as quality of work accomplished, schedule compliance, or customer satisfaction.

FACTOR 1 –EXPERIENCE:

ADJECTIVAL RATINGS/DESCRIPTIONS

A technical proposal must be rated at least “ACCEPTABLE” (“A”) overall under the non-price evaluation factors to be eligible for award. An “UNACCEPTABLE” (“U”) rating in any single non-price evaluation factor results in the overall non-price evaluation factors proposal being rated “U.” A final overall non-price factors rating of “U” makes an entire proposal ineligible for award.

1. The following adjectival ratings will be used to assign a rating to each technical factor. The addition of plus (+) or minus (-) to an adjective rating is not allowed.

Table 1. Technical (Non-Price) Ratings

Rating Descriptions

Acceptable (A) Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable (U) Proposal does not clearly meet the minimum requirements of the solicitation.

Table 2. Definitions

RELEVANCE

A Relevant contract must demonstrate experience in leasing and maintenance of vehicles in Norway for a minimum of 10 vehicles with a minimum of 3 month lease.

Contract submitted for the Offeror must have been performed within the last two (2) years as of the date of the RFP. The description of the project shall clearly describe the scope of work performed and the relevancy to the Performance Work Statement of this solicitation.

This contract is to have been performed by the Offeror as a prime contractor, joint venture

/team/partner member, or as a subcontractor.

Solicitation Submittal Requirements: Completed Experience Questionnaire (Attachment B)

Basis of Evaluation: The proposal will be acceptable if it demonstrates experience in performing relevant vehicle transportation service contracts as defined in 52.212-1 Instructions to Offerors and Performance Work Statement.

The assessment of the Offeror’s relevant experience will be used as a means of evaluating the capability of the

Offeror to successfully meet the requirements of the solicitation. An Offeror will be rated ACCEPTABLE if the

Offeror submits one (1) relevant contract as defined above. An offeror will be rated UNACCEPTABLE if the offeror does not submit one (1) relevant contract as defined above.

FACTOR 2 – PAST PERFORMANCE

ADJECTIVAL RATINGS/DESCRIPTIONS

Past performance relates to how well a contractor has performed. Past Performance shall be evaluated unless waived by the PCO, in accordance with FAR 15.101-2(b)(1), elects not to use it as an evaluation factor. Past performance will be rated as either “acceptable” or “unacceptable” based on the following criteria:

Table 3. Past Performance Ratings

Rating Description

Acceptable (A)

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror has no record of relevant past performance. (See note below)

Unacceptable (U) Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

Table 2. Definitions

RELEVANCE

A Relevant contract must demonstrate experience in leasing and maintenance of vehicles in Norway for a minimum of 10 vehicles with a minimum of 3 month lease.

Contract submitted for the Offeror must have been performed within the last two (2) years as of the date of the RFP. The description of the project shall clearly describe the scope of work performed and the relevancy to the Performance Work Statement of this solicitation.

This contract is to have been performed by the Offeror as a prime contractor, joint venture

/team/partner member, or as a subcontractor.

Note: The lack of any record of relevant past performance is not the same as having a record of past performance that is irrelevant. An offeror that does not have any record of relevant past performance, such as a newly-formed firm with no past performance history, may not be evaluated favorably or unfavorably on past performance (see

FAR 15.305(a)(2)(iv)). Therefore, the offeror will be determined to have unknown past performance. In the context of acceptability/unacceptability “unknown” shall be considered “Acceptable”.

1. Aspects of Past Performance Evaluation. Past performance evaluations examine previously-performed contracts to predict how well a contractor will perform the prospective contract. Two aspects of previous contracts are evaluated: (1) what the contractor has done (i.e., relevance), and; (2) how well the contractor has done (i.e., quality). This assessment is based on the offeror’s record of relevant and recent past performance information that pertains to the duties to be performed under the prospective contract. Two aspects of the past performance evaluation are as follows:

a) Relevance as defined above in Table 2.

b) Evaluation members will review past performance information for application to the performance confidence assessment.

The Government may review any source of information for evaluating past performance. Sources may include, without limitation: past performance information retrieved through the Past Performance Information Retrieval

System (PPIRS) using all CAGE and DUNS numbers of any team members (that were, or are, members of any business association, including, without limitation, partnerships, joint ventures, teaming arrangements, or parent companies, subsidiaries, or affiliates); sources identified in the offeror’s proposal; inquiries of owner representative(s), and; any other sources.

Solicitation Submittal Requirements: Completed Past Performance Questionnaire (PPQ) (Attachment C)

Basis of Evaluation: This evaluation focuses on how well the Offeror performed on the relevant projects submitted under “FACTOR 1 –EXPERIENCE” and past performance on other projects currently documented in known sources. More emphasis will be placed on relevant projects. Marginal or Unsatisfactory performance on non-relevant projects will also be considered.

The degree to which past performance evaluations and all other past performance information reviewed by the

Government (e.g. PPIRS; Federal Awardee Performance and Integrity Information System (FAPIIS); Electronic

Subcontract Reporting System (eSRS); performance recognition documents; and information obtained from any other source reflect a trend of satisfactory performance, considering:

1) A pattern of successful completion of tasks;

2) A pattern of deliverables that are timely and of good quality;

3) A pattern of cooperation and teamwork with the Government at all levels (task managers, contracting officers, auditors, etc.); and

4) Duties that are identical, or similar, or related to the duties to be performed under the prospective contract

5) A respect for stewardship of Government/Client funds

6) The Government may consider volume and rating of relevant Past Performance evaluation when considering the overall rating for this factor.

To receive an Acceptable rating, one (1) relevant project as defined in “FACTOR 1 – EXPERIENCE” must have a past performance rating of “Satisfactory” or higher. Ratings of “Marginal” or lower will be considered

“Unacceptable.”

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 may not be evaluated favorably or unfavorably on past performance. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, an “Unknown” shall be considered “Acceptable.”

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2019)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

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

https://www.sam.gov/

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term

“successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least

51 percent of its stock is owned by one or more women; or

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States.

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __ (put N/A if there are no exceptions).

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

http://www.sam.gov/

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal

Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR

Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of

“domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American--Free…