Attachment_03_-_Provisions_and_Clauses.pdf

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TABLE OF CONTENTS

* 52.204-7 System for Award Management (Oct 2016)

* 52.212-1 Instructions to Offerors - Commercial Items (Aug 2018)

* 52.212-4 Contract Terms and Conditions - Commercial Items (Jan 2017)

* 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

* 52.246-4 Inspection of Services - Fixed-Price. (Aug 1996)

*Incorporated by reference Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) 52.212-1 Instructions to Offerors - Commercial Items. (Aug 2018) ADDENDUM 52.212-2 Evaluation - Commercial Items. (Oct 2014) 52.212-3 Offeror Representations and Certifications-Commercial Items. (Aug 2018)

ADDENDUM TO FAR 52.212-4

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Aug 2018) 52.222-25 -- Affirmative Action Compliance (Apr 1984)

52.222 - 42 Statement of Equivalent Rates For Federal Hires (May 2014) 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) 52.252-2 Clauses Incorporated by Reference. (FEB 1998) 1452.201-70 Authorities and Delegations (Sep 2011) 1452.215-71 Use and Disclosure of Proposal Information - Department Of Interior (Apr 1984) Executive Order 13513 Prohibition On Text Messaging And Using Electronic Equipment Supplied By The Government While Driving October 2009

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* 52.204-7 System for Award Management (Oct 2016)

* 52.212-1 Instructions to Offerors - Commercial Items (Aug 2018)

* 52.212-4 Contract Terms and Conditions - Commercial Items (Jan 2017)

* 52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

* 52.246-4 Inspection of Services - Fixed-Price. (Aug 1996)

*Incorporated by reference

Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor.

To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions -Commercial Items included in commercial item contracts. The IPP website address is:

https://www.ipp .gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

• Your traditional company invoice showing contract number and detail of work related to the invoice amount

• Any other supporting information requested for the invoice period

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) prior to the contract award date, but no more than 3 -5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup @bos .frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

52.212-1 Instructions to Offerors - Commercial Items. (Aug 2018) ADDENDUM

FOR SOLICITATION PURPOSES ONLY. THIS SECTION WILL BE PHYSICALLY REMOVED

FROM ANY RESULTANT AWARD, BUT WILL BE DEEMED INCORPORATED BY REFERENCE.

Addendum to FAR 52.212-1(c), Period for Acceptance of Offers. The paragraph is tailored as follows:

"The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers." The offeror shall make a clear statement in the proposal documentation that the proposal is valid until this date.

ADDENDA TO FAR 52.212-1 PROPOSAL PREPARATION INSTRUCTIONS

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1.0 General Information:

(a) To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offer being ineligible for award.

Offerors must clearly identify any exceptions to the solicitation terms and conditions and provide complete accompanying rationale. The response shall consist of a binder with three sections: Section I – Technical, Section II – Past Performance, and Section III – Price.

(b) Evaluation of proposals will be performed on a "Best Value" basis using the evaluation factors of Technical, Past Performance and Price. Offerors must recognize that the subjective judgment of the government evaluators is implicit in the evaluation of the technical, past performance, and price factors.

(c) The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer's opinion, adequate price competition exists, no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition, the contracting officer determines that adequate price competition no longer exists; offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness and affordability of the price.

(d) In accordance with FAR Subpart 4.8, "Government Contract Files," the government will retain one copy of all unsuccessful proposals. The government will destroy extra copies of such unsuccessful proposals

(e) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is $20.5M.

(f) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers shall be submitted on the SF 18.

(g) Questions for clarification of the Scope of Work, Instructions To Offerors, Evaluation Of Offers or any other reason needed to submit offers must be asked by August 31, 2018 at 3:00 P.M. CT. All questions received by that date/time will be answered in an amendment(s) to the solicitation. Questions asked after that may not be answered. Send questions via email to james_bissaillon@nps.gov.

Offers are due no later than September 7, 2018 at 3:00 P.M. CT.

The Contract Specialist (CS) listed in block 7 Of the SF 18 is the sole point of contact for this acquisition.

Address any questions or concerns you may have to the CS via email only to james_bissaillon@nps.gov.

Include the solicitation number (140P6018R0039) in the “Subject line” of all correspondence. Do not contact any other NPS employee with questions about this project.

(h) Exceptions taken to terms and conditions of the RFP, to any of its formal attachments, or to other parts of the solicitation shall be identified. Each exception shall be specifically related to each paragraph and/or specific part of the solicitation to which the exception is taken. Provide rationale in support of the exception and fully explain its impact, if any, on the performance, schedule, cost and specific requirements of the solicitation. This information shall be provided in the format and content of Table 1. Failure to comply with the terms and conditions of the solicitation may result in the offeror being removed from consideration for award.

Table 1 - Solicitation Exceptions mailto:james_bissaillon@nps.gov mailto:james_bissaillon@nps.gov

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Solicitation Paragraph/Page Requirements/Portion Rationale

(i) If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the CS in writing with supporting rationale. The offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion.

(j) Other Information Required: Provide the name, title and telephone number of the company/division point of contact regarding decisions made with respect to your proposal and who can obligate your company contractually. Include your active DUNS number and CAGE code under which your offer is made. Also, identify those individuals authorized to negotiate with the government.

1.1 Specific Instructions: Organization/Distribution/Number of Copies/Page Limits

(a) Two Proposals shall be submitted; one hard-copy and one digital on CD-ROM copy containing all documents included with your hard-copy proposal. The contents of each proposal volume are described in the Instructions to Offerors section.

(b) Mail (or otherwise ship) one hard copy and one electronic copy on CD-ROM by the closing date to:

National Park Service Attn: James Bissaillon, Contracting Officer 601 Riverfront Dr.

Omaha, Ne 68102

(c) Binding and Labeling: Sections I, II, and III shall be submitted together within the same binding.

A cover sheet should be placed at the beginning of each section, clearly marked as to whether it is the original or copy, section number, title, solicitation identification, and the offeror's name. Be sure to apply all appropriate markings including those prescribed in accordance with FAR 52.215-1(e), "Restriction on Disclosure and Use of Data."

(d) Page Format Restrictions and Limitations:

(1) Page Size: Pages shall be 8.5 x 11 inches, not including foldouts. Pages shall be typed, with at least 1.5 line spacing. Except for the reproduced sections of the solicitation document, the font size shall be no less than 10 point. Margins on all four edges of each sheet will be at least one inch. Proprietary statements, security markings, and page numbers can fall within the defined margin area. Pages shall be numbered sequentially by section.

(2) Page Limitations: The maximum page limitation for the technical proposal is 30 pages (excluding table of contents, tabs, and additional sheets that do not provide information related to the evaluation factors). Compliance with page count limits shall be verified via the hardcopy. When both sides of a sheet display printed material, it shall be counted as 2 pages. If the page count is exceeded, the excess pages will not be read or considered in the evaluation of the proposal and will be destroyed prior to the evaluation.

(3) Pages Counted: Each page shall be counted except the following: cover pages, table of contents, list of figures, glossaries, tabs, dividers, blank pages, or other pages as identified throughout the proposal.

(4) Indexing: Each section shall contain a more detailed table of contents to delineate the subparagraphs within that volume. Tab indexing shall be used to identify sections.

(5) Foldouts: Legible tables, charts, graphs and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible and shall not exceed 11 x 17 inches in size. Foldout pages shall fold entirely within

140P6018R0039 ADMINISTRATIVE HISTORY - HOME Page 9 of 42 the volume. Each printed side of a foldout will count as two pages. Foldout pages may only be used for large tables, charts, graphs, diagrams and schematics; not for pages of text. For tables, charts, graphs and figures, the font shall be no smaller than 8 point. Design drawings may be in offeror's format, provided standard commercial policies and practices are followed. All information (except documentation numbers, classification markings, and page numbers) shall be contained within an image area of 9 x 15-1/2 inches.

2.0. SECTION I – FACTOR I: TECHNICAL

Subfactor I - Research Strategy

The offeror shall provide a realistic plan that demonstrates the ability to fulfill the government's need in accordance with the Scope of Work (SOW). This strategy shall describe how the prospective contractor will organize, manage, execute, and evaluate the project. This strategy shall describe the methods, techniques, and procedures of research, including a summary of repositories and other sources of information to be used.

The strategy shall include a completion schedule with timelines. Specific dates cannot be known until an award is made, so offerors shall specify the number of days between each significant event. The schedule shall identify key project milestones and associated products pertaining to the project.

Failure to provide the request information may indicate a lack of understanding of the requirement and may result in the entire offer being excluded from further competition.

Subfactor II – Team

Offeror shall provide a description of the entire proposed research team identifying the prime contractor and all subcontractors and specific areas of responsibility. The description shall identify lines of communication, the responsibilities of each proposed team member, and shall highlight the experience of the team in working jointly on similar type projects. The experience of the Principal Investigator in organizing and conducting similar studies shall be explained in detail. Provide a resume for each proposed team member showing the necessary background, skills, and experience of each individual. Provide a writing sample or similar public history or exhibits research report.

Personnel Qualifications

1. The Principal Investigator

The Principal Investigator (PI) is responsible for all aspects of managing the proposed study. The PI must have a Ph.D. or equivalent in United States History (no exceptions). A level of experience equivalent to a Ph.D. is acceptable and may be evidenced by a publication record demonstrating a professional level of research, analysis, and report preparation. It is expected that the publication record will reflect an understanding and ability to apply research methodology, and education and experience beyond that of a project historian.

2. Project Historian(s)

Although the overall research design, guidance, and responsibility for the completed study lies with the Principal Investigator, the PI may utilize the assistance of project historians (PH) and other project staff at their discretion to accomplish the research. The minimum requirements for a PH are a Bachelor's and Master’s degrees in United States History from an accredited college or university followed by two years of graduate study with a concentration in the field. A Master's thesis in history or its equivalent in research and publication are highly recommended.

3. Standards for consultants

Personnel hired or subcontracted for their special knowledge and expertise must carry academic and

140P6018R0039 ADMINISTRATIVE HISTORY - HOME Page 10 of 42 experiential qualifications in their particular area of expertise. Such qualifications are to be documented by means of vitae attachments when the proposal is prepared and submitted.

Failure to provide the necessary information may result in the entire offer being excluded from further competition.

Subfactor III - Previous Experience

Offerors shall submit a list at least (2), but not more than (5) , recent and relevant examples of completed projects, which should demonstrate the offeror's and its team member's experience in performance of the work similar to that described in the SOW. For the purpose of this solicitation the term recent means projects that have been completed within the last three (3) years and the term relevant is defined as follows:

Very Relevant: Present/past performance effort involved essentially the same magnitude of effort and complexities this solicitation requires.

Relevant: Present/past performance effort involved much of the magnitude of effort and complexities this solicitation requires. Somewhat Relevant: Present/past performance contractual effort involved some of the magnitude of effort and complexities this solicitation requires.

Not Relevant: Present/past performance effort did not involve any of the magnitude of effort and complexities this solicitation requires.

The offeror must indicate whether it was the prime or subcontractor on each project. If the offeror was the prime contractor, the offeror shall also describe its primary role/duties in execution of the work (i.e. the major components of the project which were completed by the prime's staff and major components which were subcontracted out). The offeror shall also provide information on the project as to the size, complexity, and distinctive and/or unique features of the project. The offeror should provide specific information to demonstrate that it has relevant experience as it relates projects listed in the Specifications.

NOTE: Project" is defined as a stand-alone contract or a task order under a specific ID/IQ contract.

"Completed" projects are defined as stand-alone contracts or task orders under an ID/IQ contract that are physically complete and have been accepted by the customer. Previous Experience can be with a government entity or in the private sector.

Offerors failing to provide any of the above information may result in the entire offer being excluded from further competition.

3.0 SECTION II – FACTOR II: PAST PERFORMANCE

(A) Subfactor I - Provide reference point of contact information for all examples in Factor I, Subfactor III above. Information shall include name, title, phone number, address, and email address if available.

(B) Subfactor II - General: During past performance evaluation, the Government reserves the right to look outside of the proposals for past performance information of the offeror. The Government will consider information submitted by the offeror, as well as any other relevant and reliable information obtained from any other source (including information from Government personnel and databases).

4.0 SECTION III – FACTOR III: PRICE AND ADDITIONAL INFORMATION

(A) Subfactor I: Offeror shall complete pricing for the contract line item number (CLIN) on the SF 1449, sign, and date the offer. Provide the DUNS number and CAGE code under which your offer is made.

Offerors not completing this subfactor may be deemed ineligible for award.

(B) Subfactor II: Provide cost detail of what makes up the lump sum included in subfactor 1.

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Submit a line-item cost proposal for the project, including the following items:

1. Personnel services

a. Principal Investigator

b. Other personnel

c. Miscellaneous personal expenses

2. Supplies and equipment

3. Travel

4. Cost of analysis and report preparation

5. Overhead, Indirect, and In-kind costs as applicable

6. Other expenses

7. Total project cost

(C) Subfactor III: Contractor Information and Certifications: This subfactor will not be evaluated, but must be completed in order to become eligible for award. Annual Representations and Certifications will be obtained through the Government System for Award Management (SAM) site (https://www.sam.gov) for contractors that have worked with the Government and are registered in SAM.

52.212-2 Evaluation - Commercial Items. (Oct 2014)

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

(i) Technical

(ii) Past Performance

(iii) Price and Additional Information

Technical and past performance, when combined, are significantly more important than the total value of cost/price. Within each factor, each subfactor is of equal importance.

Evaluation factors are listed in descending order or importance. The total values of factors other than cost/price, when combined, are significantly more important than the total value of cost/price. Within each factor, each subfactor is of equal importance:

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

ADDENDUM TO FAR 52.212-2, EVALUTATION PROCEDURES

1. BASIS FOR CONTRACT AWARD: This is a competitive best value tradeoff source selection in which competing offerors' non- price related factors will be evaluated on a basis significantly more important than cost or price considerations. Offerors must recognize that the subjective judgment of the government evaluators is implicit in the evaluation of the technical and past performance factors. By submission of its offer, the offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors or sub factors. Failure to meet a requirement may result in an offer being eliminated from further competition. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The government reserves the right to:

a. Award one or multiple contracts or no contract at all.

b. Reject proposals that are unrealistically low or high in price when compared to government's estimates or other prices, such that the proposals are deemed to reflect an inherent lack of competence or

140P6018R0039 ADMINISTRATIVE HISTORY - HOME Page 12 of 42 failure to comprehend the complexity and risks of the contract.

c. Consider the acceptability of proposed contractual terms and conditions, if any.

2. EVALUTION PROCESS:

Proposals will be evaluated against the factors set forth in Section(s) FAR 52.212-1, FAR 52.212-2, and related Addendum(s). Proposals will receive a preliminary review to determine whether the proposal contains sufficient information, as required by the solicitation, to allow the government to perform a meaningful evaluation. If the results of this preliminary review indicate that the proposal lacks sufficient information to allow a meaningful evaluation to be conducted, the Contract Specialist may eliminate the proposal from further evaluation and consideration for an award. Any offeror's proposal eliminated at this stage from further evaluation or consideration for an award will be notified with the reasons why its proposal was eliminated from further evaluation or consideration for award in accordance with FAR

15.503. Next, the government shall evaluate each factor as prescribed.

3. SECTION 1 – FACTOR I: TECHNICAL

3.1. SUBFACTOR I: RESEARCH STRATEGY: The Government will evaluate this portion of the proposal based on the requirements set forth in Section(s) FAR 52.212-1, FAR 52.212-2, and related Addenda. Additionally, the Government places a higher value on the following:

(a) Technical approach which has demonstrated ability to contain cost, exceed contract milestone schedules, quicker resolution of problems, clear roles and responsibilities, and excellent communication networks.

(b) Successful technical approaches which have been used on other projects.

(c) Successful technical approaches, which demonstrate tangible benefits resulting in greater customer satisfaction.

(d) Schedules which are realistic for the proposed approach in meeting the completion deadline.

Research strategy shall be rated using one of the five following adjectival descriptions as listed in paragraph 6 of this document.

3.2. SUBFACTOR II: TEAM. The Government will evaluate this portion of the proposal based on the requirements set forth in Section(s) FAR 52.212-1, FAR 52.212-2, and related Addenda. In addition, the Government places a higher value on key personnel that have a diversity of project experience, education, professional registration, and other professional qualifications. The Government places a higher value on personnel that have experience working on Government projects. The Government places the highest value on those personnel that exceed the minimum education requirements listed in FAR 52.212- 1 and related Addenda.

Small businesses are encouraged to form teaming arrangements, joint ventures, or consortiums involving two or more small businesses. For consolidated acquisitions, the size standard is applied to the individual person or concerns, not to the combined assets of the joint venture. Note: This type of strategy allows members of the Small Business Community to leverage their capabilities to participate at the prime level without invalidating their status as small businesses.

Team shall be rated using one of the five following adjectival descriptions as listed in paragraph 6 of this document.

3.3. SUBFACTOR III: PREVIOUS EXPERIENCE: The Government will evaluate this portion of the proposal based on the requirements set forth in Section(s) FAR 52.212-1, FAR 52.212-2, and related Addenda. Additionally, the Government will evaluate the contractor's previous experience for breadth and

140P6018R0039 ADMINISTRATIVE HISTORY - HOME Page 13 of 42 depth. The Government places a significant value on experience with local and state regulators. The Government places a higher value on direct experience with the Federal Government. The Government places higher value on a demonstrated ability to execute federal work and projects in which the offeror served as the prime contractor. The Government places a higher value on projects that are directly relevant to the specifications. The Government places the highest value on projects that had regulatory interface, stakeholder interface, performance-based milestones, and are recent and relevant.

Previous experience shall be rated using one of the five following adjectival descriptions as listed in section 6 of this document.

4. SECTION II – FACTOR II: PAST PERFORMANCE

The Government intends to assess the relative risks associated with the offeror's performance based on the past performance information provided in the proposal. In evaluating past performance, the government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this RFQ.

Offeror's may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. 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. Communication conducted to resolve minor or clerical errors would not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

Offerors that have no relevant past performance record to evaluate will not have that factor or subfactor considered, either positively or negatively, in the evaluation of the proposal package. A "neutral" rating shall be assigned when an offeror provides no past performance data and/or where none can be readily obtained. When arriving at a consensus score for past performance, evaluators shall consider a "neutral" rating as one that neither helps nor harms an offeror's chances of being awarded a contract.

4.1 SUBFACTOR I: PAST PERFRORMANCE: The Government will evaluate this portion of the proposal based on the requirements set forth in Section(s) FAR 52.212-1, FAR 52.212-2, and related Addenda.

Past Performance shall be rated using one of the five following adjectival descriptions as listed in section 6 of this document.

4.2 SUBFACTOR II: GENERAL: The Government will evaluate this portion of the proposal based on the requirements set forth in Section(s) FAR 52.212-1, FAR 52.212-2, and related Addenda..

Additionally, the Government will evaluate the currency and relevancy of the information, the source of the information, and general trends in performance, along with any other information, which may help the government assess performance risk. Information on significant problems encountered, customer dissatisfactions, and corrective actions taken should be provided.

General shall be rated using one of the five following adjectival descriptions as listed in paragraph 6 of this document.

5. SECTION III – FACTOR III: PRICE AND ADDITIONAL INFORMATION

5.1. SUBFACTOR 1: As stated in FAR 52.212-1 and related Addenda, offerors shall complete the SF 1449 by listing a price for each contract line item (CLIN), signing, and dating the form. The government will sum the price for all CLINS to arrive at a total evaluated price.

The cost portion of this evaluation will be subjectively evaluated and a best value analysis of the proposal as a whole will be performed to determine best value to the Government. Cost analysis will be used, where

140P6018R0039 ADMINISTRATIVE HISTORY - HOME Page 14 of 42 appropriate, for the purpose of determining the reasonableness, affordability, acceptability, allowability, realism, and best value of the proposals. It will assist in assuring that offerors have a clear understanding of the work requirements.

Offerors are cautioned against submitting an unbalanced offer. The Government will analyze offers to determine whether they are unbalanced with respect to prices as listed in the Supplemental Schedule.

Offers that are determined to be materially unbalanced may be rejected. An offer is mathematically unbalanced if it is based on prices which are significantly less than the cost for some contract items and significantly overstated in relation to cost for others. In addition, an offer is materially unbalanced if it is mathematically unbalanced and there is a reasonable doubt that the offer would result in the lowest overall cost to the government, even though it is the lowest evaluated offer.

5.3. SUBFACTOR II: Will be analyzed as in SUBFACTOR I.

5.2. SUBFACTOR III: CERTIFICATIONS AND REPRESENTATIONS: This tab will contain the information required by FAR clause 52.212-3. An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (m) of this provision. Should that do not have previous Government experience or are not registered in CCR will need to submit the information in accordance with FAR clause 52.212-3, Offeror Representations and Certifications - Commercial Items.

This tab will not be evaluated, but must be completed in order to become eligible for award.

6. Adjectival Ratings:

6.1. Technical merit shall be evaluated for each subfactor contained in Factor 1. The results of for each subfactor will be combined to formulate a final rating for Factor 1. Technical merit, which reflects the Government's confidence in each offeror's ability, as demonstrated in its proposal, to perform the requirements stated in the RFP, shall be evaluated and assigned a rating based on the following:

(i) Exceptional: Information submitted demonstrates an exceptional and clear understanding of all aspects of the requirements established by the RFP. The proposal contains no significant weaknesses, deficiencies or disadvantages and significantly exceeds most or all the requirements established by the RFP.

(ii) Good: Information submitted demonstrates the Offeror's potential to exceed performance or capability standards. Proposal reflects some strength that may be of benefit to the Government. Deficiencies noted are of a minor nature. The submittal demonstrates all requirements of the RFP are understood, and all requirements have been met or exceeded.

(iii) Acceptable: Information submitted demonstrates Offeror's potential to meet performance or capability standards. Proposal meets the minimum standard requirements of the RFQ. Few or no advantages or strengths. The proposal contains only minor weaknesses. The submitted proposal is complete and comprehensive, reflecting an understanding of the scope and depth of the RFQ.

(iv) Marginal: Proposer possesses only a few of the desired attributes and qualities expressed in the RFQ, for the factor being evaluated. The Government may still receive benefit from the proposal submitted. Weaknesses and deficiencies noted are correctable without major revision of the proposal.

(v) Unacceptable: Proposer lacks the desired attributes and qualities necessary to

140P6018R0039 ADMINISTRATIVE HISTORY - HOME Page 15 of 42 receive a higher rating. Weaknesses and/or deficiencies noted are uncorrectable without a major revision of the proposal.

6.2. Past Performance Evaluation/Risk Assessment: The Government intends to assess the relative risks associated with the offeror's performance based on the past performance information provided in the proposal. In addition to the project information requested in this section, the offeror shall also provide notification and information concerning any projects where it's right to proceed was terminated for default during the last three (3) years, or so state that there were none.

Performance risk shall be evaluated for each subfactor contained in Factor II. The results of each subfactor will be combined to formulate a final rating for Factor II. The final rating of the Government's past performance evaluation will result in a performance risk assessment. The final assessment describes the degree of confidence the Government will have in the offeror's probability/likelihood of successful contract performance based on that offeror's demonstrated record of performance under same/similar contracts. The adjectival ratings listed below will be will be used for assigning performance risk to the offeror's past and present contracts:

Exceptional: Essentially no doubt exists that the offeror will successfully perform the required effort based on their performance record. Risk Level: Very Low

Good: Little doubt exists that the offeror will successfully perform the required effort based on their performance record. Risk Level: Low

Acceptable: Some doubt exists that the offeror will successfully perform the required effort based on their performance record. Risk Level: Moderate

Marginal: Significant doubt exists that the offeror will successfully perform the required effort based on their performance record. Risk Level: High

Unacceptable: It is extremely doubtful that the offeror will successfully perform the required effort based on their performance record. Risk Level: Very High

Neutral: The offeror has little/no relevant past performance upon which to base a meaningful performance risk prediction. Risk Level: Unknown

7. Final Selection and Documentation:

After completing the proposal evaluation, an evaluation report which will include the final consensus rating for each factor/sub-factor and document facts and findings which support the evaluation will be completed. The CO shall review the results of the evaluation briefed to him/her by the evaluation team. The CO’s decision shall be based upon an evaluation of the factors in the solicitation. While the CO may use reports and analyses prepared by others, the source selection decision shall represent the CO’s independent judgment. After the CO’s selection, each offeror will be contacted and advised of the selection. The government may reject any or all proposals if such action is determined to be in the best interests of the Government. The government intends to award a contract without discussions with respective offerors. The government, however, reserves the right to conduct discussions if deemed in its best interest.

(End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items. (Aug 2018)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site

140P6018R0039 ADMINISTRATIVE HISTORY - HOME Page 16 of 42 located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“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—

(6) 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

(7) 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).

“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 http://www.sam.gov/portal

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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).

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“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 its stock 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 the stock of which is owned by one or more women; and

(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.

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(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 posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________.

[Offeror to identify the applicable paragraphs at (c) through (u) 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 is to 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.

(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.

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

(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 https://www.acquisition.gov/

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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…