1284JC19R0001.pdf
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SF 1447
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SOLICITATION/CONTRACT 1. THIS CONTRACT IS A RATED
5. SOLICITATION TYPE2. CONTRACT NO. 4. SOLICITATION NUMBER
PAGE OF PAGES
7. ISSUED BY CODE 8. THIS ACQUISITION IS
BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27
RATING
ORDER UNDER DPAS (15 CFR 700)
3. AWARD/
EFFECTIVE DATE ISSUE DATE
6. SOLICITATION
UNRESTRICTED OR SET ASIDE:
SMALL BUSINESS
SIZE STANDARD:
9. (AGENCY USE)
NO COLLECT CALLS
10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)
SUPPLIES SERVICES
11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN
CALENDAR DAYS (60 CALENDAR DAYS UNLESS OFFEROR INSERTS A DIFFERENT
PERIOD) FROM THE DATE SET FORTH IN BLOCK 9 ABOVE, THE CONTRACTOR
AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS SOLICITED
HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS
AND CONDITIONS STATED HEREIN.
CODE
13. CONTRACTOR FACILITY 14. PAYMENT WILL BE MADE BY CODE CODE
OFFEROR CODE
TELEPHONE NO.
DUNS NO.
CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK:
15. PROMPT PAYMENT DISCOUNT 16. AUTHORITY FOR USING OTHER
THAN FULL AND OPEN COMPETITION
10 U.S.C. 2304 41 U.S.C. 253
NEGOTIATED
(RFP)
SEALED BIDS
(IFB)
1 21
02/01/2019
GEOSPATIAL TECHNOLOGY AND
APPLICATIONS CENTER GTAC
2222 WEST 2300 SOUTH
SALT LAKE CITY UT 84119
12. ADMINISTERED BY
GEOSPATIAL TECHNOLOGY AND
APPLICATIONS CENTER (GTAC)
125 S STATE STREET, 7TH FLOOR
SALT LAKE CITY UT 84138
84JC
541990
% FOR:
x x
84JC
$15.00
1284JC19R0001
NAICS:
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS
8(A)
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOSB PROGRAM
EDWOSB
17.
ITEM NO.
18.
SCHEDULE OF SUPPLIES/SERVICES
19.
QUANTITY
20.
UNIT
21.
UNIT PRICE
22.
AMOUNT
FOB: Destination
This task order is subject to availability of funds. Funding is budgeted and anticipated to be available for obligation at task order award.
This task order ceiling amount is $TBD.
Contractor exceeds this amount at their own risk.
Continued ...
27. SIGNATURE OF OFFEROR/CONTACTOR 28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
NAME AND TITLE OF SIGNER (TYPE OR PRINT) DATE SIGNED NAME OF CONTRACTING OFFICER DATE SIGNED
25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET
FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION
NUMBER SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS
OR CHANGES WHICH ARE SET FORTH HEREIN, IS
ACCEPTED AS TO ITEMS:
23. ACCOUNTING AND APPROPRIATION DATA 24. TOTAL AWARD AMOUNT
(FOR GOVERNMENT USE ONLY)
MARY A. SHINNEY
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION NOT USABLE
STANDARD FORM 1447 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.214(d)
COPIES TO
X
X
TYPE OR PRINT NAME AND TITLE OF SIGNER
SIGNATURENAME AND ADDRESS OF FIRM (Include ZIP Code)
WE DO NOT, DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF ITEMS INVOLVEDWE DO
DO NOT REGULARLY MANUFACTURE OR SELL THE TYPE OF ITEMS INVOLVED
CANNOT MEET DELIVERY REQUIREMENT
OTHER (Specify)
UNABLE TO IDENTIFY THE ITEM(S)
CANNOT COMPLY WITH SPECIFICATIONS
PAGE
NO RESPONSE FOR REASONS CHECKED
21 2 OF
DATE AND LOCAL TIME
AFFIX
STAMP
HERE
TO:
FROM:
SOLICITATION NO.
GEOSPATIAL TECHNOLOGY AND
APPLICATIONS CENTER GTAC
2222 WEST 2300 SOUTH
SALT LAKE CITY UT 84119
84JC
1284JC19R0001
STANDARD FORM 1447 (REV. 2/2012) BACK
(A)
ITEM NO.
(B)
SUPPLIES/SERVICES
(C)
QUANTITY
(D)
UNIT
(E)
UNIT PRICE
(F)
AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 21
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
1284JC19R0001
The labor category and rates to be utilized under this task order are as follows:
Project Manager $TBD
Notice of Limitation of Funds:
The Schedule specifies the amount presently available for payment by the Government and obligated to this task order. The parties contemplate that the Government will obligate additional funds incrementally to the task order up to the full estimated cost specified in the
Schedule. The contractor agrees to perform work on the task order up to the point at which the total amount paid and payable by the Government under the task order approximates, but does not exceed, the total amount actually obligated by the Government. The contractor shall notify the
Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this task order will exceed 85 percent of the total amount obligated to the task order. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the
Schedule. If after notification additional funds are not obligated, upon the contractors written request, the Contracting Officer will terminate this task order in accordance with the provisions of the termination clause of the basic contract.
The Government is not obligated to reimburse the contractor for costs incurred in excess of the total amount obligated by the Government to this task order and the contractor is not obligated to continue performance under this task order
(including actions under the termination clause of the contract) or otherwise incur costs in excess of the amount obligated.
001 Project Management Support in accordance with the attached Performance Work Statement.
Time and Material
Period of Performance: 6 Months After Receipt of
Order
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Continued ...
NSN 7540-01-218-4386 STANDARD FORM 1447 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.214(d)
(A)
ITEM NO.
(B)
SUPPLIES/SERVICES
(C)
QUANTITY
(D)
UNIT
(E)
UNIT PRICE
(F)
AMOUNT
NAME OF OFFEROR OR CONTRACTOR
4 21
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
1284JC19R0001
Delivery Location Code: 84JC
USDA FOREST SERVICE
GEOSPATIAL SERVICE AND TECH CENTER
SALT LAKE CITY UT US
002 Option to extend services IAW FAR 52.217-8.
Time and Material
(Option Line Item)
Product/Service Code: R499
Product/Service Description: SUPPORT-
PROFESSIONAL: OTHER
Delivery Location Code: 84JC
USDA FOREST SERVICE
GEOSPATIAL TECHNOLOGY APPLICATION
CENTER
SALT LAKE CITY UT US
NSN 7540-01-218-4386 STANDARD FORM 1447 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.214(d)
B - Supplies or Services/Prices Clauses
C - Description/Specifications See the Performance Work Statement
D - Packaging and Marking Clauses
E - Inspection and Acceptance Clauses
F - Deliveries or Performance Clauses
G - Contract Administration Data Invoicing Instructions
H - Special Contract Requirements Contracting Officer Representative
I - Contract Clauses Clauses
J - List of Documents, Exhibits and Other Attachments List of Documents, Exhibits, and Other Attachments
K - Representations, Certifications, and Other Statements of Bidders Clauses
L - Instructions,Conditions, and Notices to Bidders M - Evaluation Factors for Award
Section M B - Supplies or Services/Prices
Clauses
452.224-70 Confidentiality of Information. (FEB 1988)
452.237-74 Key Personnel. (FEB 1988)
452.237-75 Restrictions Against Disclosure. (FEB 1988)
452.237-76 Progress Reporting. (FEB 1988)
C - Description/Specifications
See the Performance Work Statement
D - Packaging and Marking
Clauses
E - Inspection and Acceptance
Clauses
52.246-6 Inspection - Time-and-Material and Labor-Hour. (MAY 2001)
F - Deliveries or Performance
Clauses
G - Contract Administration Data
Invoicing Instructions
The contractor shall submit all invoices for payment through the Invoice Processing Platform (IPP). Do not submit invoices into Wide Area Workflow (WAWF).
H - Special Contract Requirements
Contracting Officer Representative
(a) Definition. "Contracting officers representative" means an individual designated and authorized in writing by the Administrative Contracting Officer (ACO) to perform specific technical or administrative functions.
(b) If the ACO designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the ACO.
The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.
I - Contract Clauses
Clauses
52.203-16 Preventing Personal Conflicts of Interest. (DEC 2011)
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 15 days of contract expiration.
(End of clause)
52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts. (AUG 2012)
The Government will pay the Contractor as follows upon the submission of vouchers approved by the Contracting Officer or the authorized representative:
(a) Hourly rate. (1) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-
(i) Performed by the Contractor;
(ii) Performed by the subcontractors; or
(iii) Transferred between divisions, subsidiaries, or affiliates of the Contractor under a common control.
(2) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the Schedule by the number of direct labor hours performed.
(3) The hourly rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by employees that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.
(4) The hourly rates shall include wages, indirect costs, general and administrative expense, and profit. Fractional parts of an hour shall be payable on a prorated basis.
(5) Vouchers may be submitted not more than once every two weeks, to the Contracting Officer or authorized representative. A small business concern may receive more frequent payments than every two weeks. The Contractor shall substantiate vouchers (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment and by-
(i) Individual daily job timekeeping records;
(ii) Records that verify the employees meet the qualifications for the labor categories specified in the contract; or
(iii) Other substantiation approved by the Contracting Officer.
(6) Promptly after receipt of each substantiated voucher, the Government shall, except as otherwise provided in this contract, and subject to the terms of paragraph (e) of this clause, pay the voucher as approved by the Contracting Officer or authorized representative.
(7) Unless otherwise prescribed in the Schedule, the Contracting Officer may unilaterally issue a contract modification requiring the Contractor to withhold amounts from its billings until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interests. The Contracting Officer may require a withhold of 5 percent of the amounts due under paragraph (a) of this clause, but the total amount withheld for the contract shall not exceed $50,000. The amounts withheld shall be retained until the Contractor executes and delivers the release required by paragraph
(g) of this clause.
(8) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. If no overtime rates are provided in the Schedule and overtime work is approved in advance by the Contracting Officer, overtime rates shall be negotiated. Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.
(b) Materials. (1) For the purposes of this clause-
(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.
(ii) Materials means-
(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the Contractor under a common control;
(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;
(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); and
(D) Applicable indirect costs.
(2) If the Contractor furnishes its own materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-
(i) Quantities being acquired; and
(ii) Actual cost of any modifications necessary because of contract requirements.
(3) Except as provided for in paragraph (b)(2) of this clause, the Government will reimburse the Contractor for allowable cost of materials provided the Contractor-
(i) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or
(ii) Ordinarily makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.
(4) Payment for materials is subject to the Allowable Cost and Payment clause of this contract. The Contracting Officer will determine allowable costs of materials in accordance with Subpart 31.2 of the Federal Acquisition Regulation (FAR) in effect on the date of this contract.
(5) The Contractor may include allocable indirect costs and other direct costs to the extent they are-
(i) Comprised only of costs that are clearly excluded from the hourly rate;
(ii) Allocated in accordance with the Contractor's written or established accounting practices; and
(iii) Indirect costs are not applied to subcontracts that are paid at the hourly rates.
(6) To the extent able, the Contractor shall-
(i) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and
(ii) Take all cash and trade discounts, rebates, allowances, credits, salvage, commissions, and other benefits. When unable to take advantage of the benefits, the Contractor shall promptly notify the Contracting Officer and give the reasons. The Contractor shall give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that have accrued to the benefit of the Contractor, or would have accrued except for the fault or neglect of the Contractor. The Contractor shall not deduct from gross costs the benefits lost without fault or neglect on the part of the Contractor, or lost through fault of the Government.
(7) Except as provided for in 31.205-26(e) and (f), the Government will not pay profit or fee to the prime Contractor on materials.
(c) If the Contractor enters into any subcontract that requires consent under the clause at 52.244-2, Subcontracts, without obtaining such consent, the Government is not required to reimburse the Contractor for any costs incurred under the subcontract prior to the date the Contractor obtains the required consent. Any reimbursement of subcontract costs incurred prior to the date the consent was obtained shall be at the sole discretion of the Government.
(d) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule, and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during performing this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performing this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.
(e) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.
(f) Audit. At any time before final payment under this contract, the Contracting Officer may request audit of the vouchers and supporting documentation. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding vouchers, that are found by the Contracting Officer or authorized representative not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. Upon receipt and approval of the voucher designated by the Contractor as the "completion voucher" and supporting documentation, and upon compliance by the Contractor with all terms of this contract (including, without limitation, terms relating to patents and the terms of paragraph (g) of this clause), the Government shall promptly pay any balance due the Contractor. The completion voucher, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 120 days (or such longer period as the Contracting Officer may approve in writing) from the date of completion.
(g) Assignment and Release of Claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions:
(1) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact statement by the Contractor.
(2) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.
(3) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.
(h) Interim payments on contracts for other than services. (1) Interim payments made prior to the final payment under the contract are contract financing payments. Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act.
(2) The designated payment office will make interim payments for contract financing on the [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.
(i) Interim payments on contracts for services. For interim payments made prior to the final payment under this contract, the Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(End of Clause)
52.243-3 Changes - Time-and-Materials or Labor-Hours. (SEP 2000)
J - List of Documents, Exhibits and Other Attachments
List of Documents, Exhibits, and Other Attachments
Attachment Number Title Date
J-1 Performance Work Statement 11/16/2018
K - Representations, Certifications, and Other Statements of Bidders
Clauses
52.204-8 Annual Representations and Certifications. (OCT 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].
(2) The small business size standard is [insert size standard].
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
___ (i) Paragraph (d) applies.
___ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations- Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I).
This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.
This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
(Contracting Officer check as appropriate.)
[ ] (i) 52.204-17, Ownership or Control of Offeror.
[ ] (ii) 52.204-20, Predecessor of Offeror.
[ ] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
[ ] (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification.
[ ] (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
[ ] (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
[ ] (vii) 52.227-6, Royalty Information.
[ ] (A) Basic.
[ ] (B) Alternate I.
[ ] (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifying change by clause number, title, date). 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.
FAR Clause No. Title Date Change
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 on SAM.
(End of provision)
52.209-7 Information Regarding Responsibility Matters. (OCT 2018)
(a) Definitions. As used in this provision-
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means-
(1) The total value of all current, active contracts and grants, including all priced options;
and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).
(End of provision)
L - Instructions,Conditions, and Notices to Bidders
1.0 GENERAL INFORMATION AND INSTRUCTIONS
1.1 Instructions to Offerors: The proposal must include all data and information requested by Section L and must be submitted in accordance with these instructions. The offeror must be compliant with the requirements of this RFP, the Model Contract/Solicitation, the Performance Work Statement (PWS), and all other attachments to the RFP. Non-conformance with the instructions provided in this section may result in a determination of non-responsiveness or an unfavorable proposal evaluation. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the requirements but rather shall provide convincing rationale to address how the offeror intends to meet these requirements. The offeror shall assume that the Government has no prior knowledge of their capabilities and experience. The Government will base its evaluation on the information presented in the proposal.
1.2 Distribution: The proposal shall be submitted in electronic format to the Contracting Officer (CO) at email address mshinney@fs.fed.us. The CO is the point of contact for this acquisition. Address any questions or concerns you may have to the CO.
2.0 PROPOSAL SECTION 1-TECHNICAL
2.1 Sub-factor A-Technical Approach: Provide a narrative that discusses your approach to meeting the requirements in the Performance Work Statement (PWS). Describe your actual experience in performing the work required in this solicitation. Additionally address the following technical sub-factors:
2.2 Sub-factor B-Key Personnel: Describe your plan to obtain and retain the key personnel possessing the critical education, experience, and skills needed for successful performance of the requirements of the PWS. Provide a resume for the key personnel being proposed. Explain your methodology for ensuring the key personnel are in place and ready to perform at start of contract performance. Describe your plan to ensure retention during the entire potential performance period (to include the option).
3.0 PROPOSAL SECTION 2- PAST PERFORMANCE
3.1 Submit two (2) contracts performed within the last five (5) years that are relevant in demonstrating the offeror's past performance in the technical areas of the PWS. Contracts will be submitted via the Past Performance Information Sheet found at Attachment L-1. The offeror is cautioned that the Government may use data provided in the proposal, as well as data obtained from other sources, in the best value determination or in a determination of contractor responsibility in accordance with FAR Sub-Part 9.1. The Government will not consider performance on a newly awarded contract without performance history or on an effort that concluded more than five (5) years prior to this acquisition.
4.0 PROPOSAL SECTION 3-PRICE
4.1 Labor Rates: Provide a schedule of the proposed labor rate for the labor category listed in Section B of the SF 1447. The labor rate shall include administrative and business segment labor (e.g. finance managers, human resource managers, contract administrators, buyers, supervisors, program managers, etc.)
in the overheads. The offeror shall not propose additional labor categories.
ATTACHMENT L-1: PAST PERFORMANCE INFORMATION SHEET
Instructions: All proposed recent and relevant contracts (see Section L, Paragraph 3.1.1) must be listed in a Past Performance Information Sheet. Use additional sheets as needed.
Past Performance Contract/Order #____ of _____
Company Name: Contract Value:
Company CAGE Code: Performance Period:
Contracting Agency/Company: Contract Number:
POC Name: POC Title:
POC Email: POC Phone Number:
Customer (if different than contracting agency/company): Contract Number:
POC Name: POC Title:
POC Email: POC Phone Number:
Company Name: The prime/sub/teaming partner for whom this past performance citation is relevant (i.e. contract holder)
Contract Value: The total value of the contract/subcontract if all options are exercised
CAGE Code: The CAGE Code for the entity awarded the contract
Performance Period: The total period of performance if all options are issued
Contracting Agency/Company: The government agency/organization or the company that issued the contract/subcontract
Contract Number: The identification number of the contract
POC Name: Name of a point of contact (i.e. the Government Contracting Officer, Program Manager or the prime contractor representative that can validate performance)
POC Title: Title/position of the POC cited
POC Phone Number: The phone number of the point of contact
POC Email: The email of the point of contact
Customer: The identification of the customer (e.g. the contract cited is a subcontract)
Contract Number: The identification number of the contract
POC Name: Name of a point of contact (i.e. the Government Contracting Officer, Program Manager or the prime contractor representative that can validate performance)
POC Title: Title/position of the POC cited
POC Phone Number: The phone number of the point of contact
POC Email: The email of the point of contact
Were you the Prime contractor on this contract?
Explain which services in solicitation 1984JC18R0001, PWS Section 2, this work is relevant to.
Were cost, schedule and performance successfully managed? Explain.
Were subcontractors used on this contract? If yes, explain the management process utilized and if it was effective.
Were there any negative issues on this contract? What corrective action was taken?
If the CAGE Code on this past performance is not the same as the offeror¿s CAGE Code, please explain.
Is there any other information that is pertinent to this past performance citation?
M - Evaluation Factors for Award
52.217-5 Evaluation of Options. (JUL 1990)
1.0 SOURCE SELECTION
1.1 Basis for Contract Award: Award will be made pursuant to best value trade-off source selection criteria conducted in accordance with Federal Acquisition Regulation (FAR) Part 15, as supplemented by the Department of Agriculture Supplement (AGAR). These regulations are available electronically at http://farsite.hill.af.mil. The Government will select the best overall offer, based upon an integrated assessment of the Technical, Past Performance, and Price evaluation results. A contract may be awarded to the offeror who is deemed responsible in accordance with the FAR, as supplemented, whose proposal conforms to the Request for Proposal (RFP) requirements (to include all stated terms, conditions, representations, certifications, and all other information required by the RFP and Section L) and is judged, based on the evaluation factors, to represent the best value to the Government. This source selection may result in an award to a higher rated, higher priced offeror, where the Government determines that the more file://periwinkle/SAF_AQC_ORG/AQCP/5640%20-%20AFFARS/AFAC%20Working%20Folders%20--%20PM/far/FAR15.DOC#s153 http://farsite.hill.af.mil/ favorably rated Technical and Past Performance rating of a higher priced offeror outweighs the cost/price difference.
2.0 EVALUATION FACTORS AND SUB-FACTORS
2.1 Evaluation Factors and Sub-factors: The following evaluation factors and sub-factors will be used to evaluate each proposal:
2.1.1 Factor 1: Technical
Sub-factor A: Technical Approach Sub-factor B: Key Personnel
2.1.2 Factor 2: Past Performance
2.1.3 Factor 3: Price
2.1.4 Relative Importance of Factors: The Technical factor is more important than Past Performance.
When combined, the Technical and Past Performance factors are approximately equal to Price.
2.2 Factor 1 Technical: The Government will evaluate the Technical section and assign one of the ratings described below.
Technical Ratings
Rating Description
Outstanding Proposal meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.
Good Proposal meets requirements and indicates a thorough approach and understanding of the requirements. Proposal contains strengths which outweigh any weaknesses. Risk of unsuccessful performance is low.
Acceptable Proposal meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on contract performance.
Risk of unsuccessful performance is no worse than moderate.
Marginal Proposal does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The proposal has one or more weaknesses which are not offset by strengths. Risk of unsuccessful performance is high.
Unacceptable Proposal does not meet requirements and contains one or more deficiencies. Proposal is unawardable.
The SSEB will evaluate proposals by assessing offeror responses to the following:
2.2.1 Sub-factor A Program and Project Management: The proposal response demonstrates an effective, efficient, and executable approach to meeting the technical requirements of the PWS.
2.2.2 Sub-factor B Key Personnel: The proposal response demonstrates an effective, efficient, and executable approach to recruiting and retaining qualified key personnel.
2.3 Factor 2 Past Performance
2.3.1 The Government will assign each offeror an integrated Performance Confidence Assessment rating for the Past Performance factor. Although the past performance evaluation focuses on performance that is relevant to the Technical factor, the resulting Performance Confidence Assessment is made at the Past Performance factor level and represents an overall evaluation of contractor performance. The offeror will receive one of the ratings described below for the Past Performance factor:
Performance Confidence Assessment
Rating Description
Substantial Confidence
Based on the offeror performance record, the Government has a high expectation that the offeror will successfully perform the required effort.
Satisfactory Confidence
Based on the offeror performance record, the Government has an expectation that the offeror will successfully perform the required effort.
Limited Confidence
Based on the offeror performance record, the Government has a low expectation that the offeror will successfully perform the required effort.
No Confidence Based on the offeror performance record, the Government has no expectation that the offeror will be able to successfully perform the required effort.
Unknown Confidence No performance record is identifiable or the offeror¿s performance record is so sparse that no confidence assessment rating can be reasonably assigned.
2.3.6 Offerors without a record of relevant past performance or for whom information on past performance is not available will not be evaluated favorably or unfavorably on past performance and, as a result, will receive an Unknown Confidence rating for the Past Performance factor.
2.3.7 Adverse past performance is defined as past performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system.
2.4 Factor 3 Price
2.4.1 Price Evaluation: The proposed labor rate will be evaluated for Reasonableness. A price is reasonable when it provides the best value to the Government considering current market conditions, and technical and functional capabilities of the offeror. The offeror¿s price proposal will be evaluated using one or more of the techniques defined in FAR 15.404-1 (Proposal Analysis Techniques). Generally, adequate price competition will satisfy the criteria of price reasonableness. The proposed rate may also be compared with the Independent Government Cost Estimate (IGCE). If adequate competition is not obtained or if price reasonableness cannot be determined using price analysis, additional information in accordance with FAR 15.4 may be required to support the proposed cost/price. The Government will develop a Total Evaluated Price (TEP) for all performance periods (including FAR 52.217-8, Option to Extend Services).
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