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AG-447U-S-15-0011
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AG-447U-S-15-0011 01/21/2015

Latricia Robbins lrobbins@fs.fed.us 2/04/2015

(501)321-5209 4:30 PM

447U x 100

USDA Forest Service x Region 8, Acquisition Zone West 100 W. Capitol Street, Suite 1141 561720 Jackson, MS 39269 $16.5 m x x 447U

USDA-FS

100 W. Capitol ST, STE 1141, Jackson, MS 39269

CSC-FS

USDA-FS

P.O. Box 66527 St. Louis, MO 63166 fs.66527@stl.usda.gov

, EMAIL & FAX:

x

Performance Based Service Contract (PBSC)

Janitorial Services

Cedar Lake Recreation Area

Oklahoma District Work Center mailto:lrobbins@fs.fed.us mailto:apb.ias@usda.gov

Ouachita National Forest AG-447U-S-15-0011 PBSC for Janitorial Services at Cedar Lake located on the Oklahoma Ranger District

IMPORTANT NOTICE TO OFFERORS

This is a Total small business set aside.

Janitorial Services NAICS: 561720 SBA Size Standards: $16.5 million

The following shall be returned with your quotation to be determined responsive by the due date of 02/04/15: (Do not send back the whole solicitation.)

1. Contractor’s Proposal Package MUST include the following :

a. SF-1449 p. 1 (30.a, b & c)

b. Schedule p. 3

c. Contractors Financial Information Sheet p .9

d. Performance Relevancy p. 10

e. AGAR 452.209 – 70 Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction. p. 52-53

f. Technical & Business Proposal p. 54 -56 (instructions)

g. Proof of insurance or a statement that the offeror understands the insurance requirements & can provide proof of insurance before contract award. p. 56

2. Contractor must be active in SAMS p. 11 https://www.sam.gov

3. Complete your representation and certifications electronically at https://www.sam.gov or return p 17-31.

Offers in complete form are due to the contracting office no later than 4:30 p.m. local time, February 04, 2015. Submit to lrobbins@fs.fed.us with the subject line of:

RFP for Cedar Lake Rec Area.

https://www.sam.gov/ https://www.sam.gov/ mailto:robbins@fs.fed.us

SCHEDULE OF ITEMS

Contractor Name: _____________________________________________________

Contractor Address: ___________________________________________________

Contractor Email: _____________________________________________________

Contractor Phone #: ___________________________________________________

DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: _________________________________

Est Quantity Unit Unit Price Year (quant x unit price)

Base Year (Date of award through September 30, 2015

Cedar Lake Recreation Area 118 Day $________ $____________

Option Year I (October 1, 2015 through September 30, 2016)

Cedar Lake Recreation Area 116 Day $________ $____________

Option Year II (October 1, 2016 through September 30, 2017)

Cedar Lake Recreation Area 118 Day $________ $____________

Technical Specifications Bath House Cleaning Contract Cedar Lake Recreation Area

Hodgen, Oklahoma

This contract is for cleaning bath houses and restrooms at Cedar Lake Recreation Area, located south of Heavener, Oklahoma. The initial contract will run from date of award through September 30, 2015 with optional renewal for two additional years.

Contractor will furnish all labor, transportation and Personal Protective Equipment (PPE).

Contractor shall be responsible for compliance with OSHA safety requirements/standards during performance of this contract.

Government will furnish all cleaning supplies and toilet paper.

Cleaning will consist of sweeping, moping, wiping down all surfaces (i.e. sinks, toilets, urinals, shower benches, mirrors, etc.), stocking toilet paper in/on holders and emptying trash containers and replacing trash bags, then placing trash in nearby trash containers. Contractor will also be responsible for cleaning mold/iron/water stains on shower walls as needed.

Cleaning should take place between the hours of 6:00 A.M. and 2:00 P.M. on cleaning days.

Services will be performed at the following locations:

1. Bath House located near boat ramp on North Shore Area.

2. Bath House located in North Shore Camping area. *

3. Bath House located at North Shore Swimming area. *

4. SST (one vault toilet per overflow area) located in the two overflow areas on North Shore. *

5. Shady Lane Bath House, located in South Shore area.

6. Sandy Beach Bath House, located in South Shore area.

7. Restroom located between Group Sites # 1 & 2.

8. Bath House located at “D” loop in Equestrian Camp.

9. Bath House located in center of Equestrian Camp.

* Bath houses indicated with an * are closed from December 1 – March 31 each year. They re-open April 1 of each year (Locations 2, 3& 4 above). Contractor should start cleaning these on the last cleaning day prior to April 1.

FY-2015 Schedule

Months Quantity Units Specific Days

Oct – Nov 26 Days Monday, Wednesday, Friday

Dec – Feb 13 Days Monday

Mar – May 39 Days Monday, Wednesday, Friday

Jun - Aug 27 Days Monday & Friday

Sep 13 Days Monday, Wednesday, Friday

FY-2016 Schedule

Dec – Feb 13 Days Monday

Mar – May 39 Days Monday, Wednesday, Friday

Jun - Aug 25 Days Monday & Friday

FY-2017 Schedule

Dec – Feb 13 Days Monday

Mar – May 40 Days Monday, Wednesday, Friday

Jun - Aug 26 Days Monday & Friday

Quality Assurance Surveillance Plan Cedar Lake Bath House Cleaning

Contract: Bath House Cleaning– Cedar Lake Campground on the Oklahoma Ranger District of the Ouachita National Forest.

This Quality Assurance Surveillance Plan (QASP) has been developed pursuant to the requirements of the Performance Work Statement (PWS). This plan sets forth procedures and guidelines that will be used in evaluating the technical performance of the contractor.

A. Purpose of the QASP

The QASP is intended to accomplish the following:

Define the roles and responsibilities of participating government officials and the contractor;

Identify the types of work to be performed and the inspections to be performed to validate adequacy;

Describe the evaluation methods that will be employed by the government in assessing the contractor’s inspection program and performance to the quality/performance standards required for each task;

Provide copies of the contractor’s inspection records, if used, and Government quality assurance monitoring forms that will be used to evaluate and document contractor’s performance;

Describe the process of performance documentation.

The contractor is responsible for performing any inspection services pursuant to the inspection clause and for providing and maintaining the inspection forms, approved by the government, to perform the contractor’s inspection services. The contractor has represented themselves to be responsible for meeting the prescribed quality/ performance standards in the statement of work.

B. Roles and Responsibilities of Government Officials

The following government officials will participate in assessing the quality of the contractor’s performance. Their roles and responsibilities are described as follows:

The Contracting Officer’s Representatives (CORs) will be responsible for monitoring, assessing, recording and reporting on the technical performance of the contractor on the schedule of inspections submitted by the contractor and approved by the government. The COR will have primary responsibility for completing quality assurance monitoring forms used for documenting inspections of the contractor’s work performance.

CORs and Inspectors, if inspectors are assigned to the project, will either witness the performance of the contractor’s inspection results, as performed by the contractor, or will evaluate the contractor’s inspection documented result findings relative to meeting the standards for each task/subtask within the statement of work.

The Contracting Officer (CO) will have overall responsibility for overseeing the contractor’s performance and for the day-to-day monitoring of the contractor’s performance in the areas of contract compliance, contract administration, cost control, and property control; reviewing the COR’s assessment of the contractor’s performance; and resolving all differences between the COR and the contractor.

C. Types of work to be performed/schedule of inspections

This contract calls for the contractor to perform the following tasks and subtasks and to perform inspections at the completion of the tasks/subtasks as a minimum and/or for intermediate inspections as determined at contract award by the COR/CO. The contractor’s quality control plan/schedule will be modified accordingly and will be one of the basis for the award of the contract.

D. Methods of Surveillance

Surveillance

The government, through each COR and/or Government Inspector, shall monitor the contractor’s performance through a variety of methods. The methods to be used are:

1. 100% inspection of the contractor’s inspection results.

2. Customer surveys

3. Periodic inspections by COR and/or contract inspectors.

Procedures

1. Each COR and/or Inspector will use one Quality Assurance (QA) monitoring form to document and evaluate the contractor’s performance under the contract. The form, when complete, will document what the contractor was supposed to do, what was actually done, and the impact or consequences of what was done.

2. Each COR will judge each event in accordance with the performance standards and performance requirements stated in the Performance of Work Statement (PWS).

3. Each COR must substantiate all tasks which he/she judges to be indicative of “unacceptable” performance. Performance at the “acceptable” level is expected and need not be substantiated.

4. The contractor will furnish to the COR, copies of all contractor-generated inspection forms. The COR will then forward copies of all completed QA monitoring forms and contractor inspection records to the CO. The contractor is required to respond in writing to any negative QA monitoring form within 5 working days after receipt of the form.

CONTRACTOR’S FINANCIAL INFORMATION SHEET

SECTION 1 – GENERAL INFORMATION

1A.NAME

2. TYPE OF ORGANIZATION (CHECK ONE)

A. Sole Proprietorship F. LLC

1B. STREET ADDRESS

B. General Partnership G. Joint Venture

C. Limited Partnership H. Non-Profit/Education

1C. CITY

1D. STATE 1E. ZIP/POSTAL D. Corporation I. Other: Specify

E. Subchapter S.

3. TAXPAYER ID NUMBER :

4. PHONE NUMBER 5. FAX NUMBER

6. DUNS NUMBER:

7. CELLPHONE NUMBER

8. KIND OF PRODUCT OR SERVICE PROVIDED:

9. EMAIL ADDRESS

10. KIND OF BUSINESS- Specify one block (plus “J” if applicable)

A. LARGE BUSINESS E. EMERGING SMALL BUSINESS I. INDIAN SDB

B. SMALL BUSINESS F. VETERAN SMALL BUSINESS J. HUB ZONE - Also

C. SMALL DISADVANTAGED BUSINESS G. SERVICE DISABLED VETERAN

OWNED SMALL BUSINESS

K. Other: Please Specify

D. WOMAN OWNED SMALL BUSINESS H. INDIAN SMALL BUSINESS

11. OWNERSHIP INFORMATION – PARTNERS – PRINCIPALS - OTHERS

NAME TITLE

13.

14.

15.

16. Questions. If “Yes” to any below, attach detailed information. Yes No

A. Have you/your affiliates ever filed for bankruptcy?

B. Do you have any judgments, liens, pending suits?

C. Do you have any contingent liabilities?

D. Have you/your affiliates discontinued business operations with outstanding debts?

SECTION II. GOVERNMENT FINANCIAL AID AND INDEBTEDNESS

If “Yes”, attach detailed information.

Yes No

17. Are you delinquent on any Federal Debt (OMB Circular 129)

18. Do you owe the Government for any contract or other claims?

19. Are you currently receiving Government Financing? (Bonds, Loans, Advanced Payments, Progress Payments, Other) 19a. Are you now in or pending Default on ANY Obligations (i.e. Banks, Financial Institutions, Suppliers, Other)? IF yes please attach detailed information.

PBSC for Trash Collection/Removal on the Oklahoma Ranger District

PERFORMANCE RELEVANCY QUESTIONNAIRE

Provide the following information requested in this format for each of the projects/contracts being described. Projects may be ongoing and cannot have been completed any later than 3 years prior to the solicitation issue date. Provide frank, concise comments regarding YOUR PERFORMANCE on the contracts you identify. Use as much space as required.

OFFEROR SHOULD PLACE THEIR NAME ON TOP OF EACH QUESTIONNAIRE PAGE.

INSTRUCTIONS: If extra space is needed use the reverse. Mark "X" in appropriate boxes.

CONTRACTOR NAME, ADDRESS & TELEPHONE

How many years do you or your firm have in the line of work contemplated by this solicitation ______? How many years experience in contracting have you or your business had as a (a) prime contractor _____ and/or (b) sub-contractor _____?

PART 1 - PAST / CURRENT PROJECTS

List below up to 5 projects your business has completed within the last 3 years similar in scope to the solicitation:

Contract Amount Type of Project Date Completed Name Address & Telephone No. of Person to Contact for

Project Information.

List below all of your firm's contractual commitments running concurrently with the work contemplated by this solicitation:

Contract No.

Dollar Amount of Project Name, Address & Phone No. of Business

Govt./Agency Awarded (Units)

Completed

Date Contract Completed

Have you ever failed to complete any work awarded to you? Yes ( ) No ( )

Has work ever been completed by performance bond? Yes ( ) No ( )

If "Yes" to either item above specify location(s) and reason(s) why:

PART 2 – SPECIALIZED EXPERIENCE – For each of the projects listed above, address the following comments:

a) Describe the specific elements of the work performed by your firm.

b) Indicate what elements of work were performed by your major subcontractors and indicate if those same subcontractors will be used on Forest Service projects.

c) Address any technical areas about this project you consider uniquely relevant to this solicitation.

d) Point of Contact for Owner/Government agency Contracting Officer and or inspector; include a current phone number and facsimile number. Email address is also desired.

CERTIFICATION

I certify that all of the statements made by me are complete and correct to the best of my knowledge and that any persons named as references are authorized to furnish the Forest Service with any information needed to verify my capability to perform this project.

Certifying Official's Printed Name and Title Signature (In Ink) Date

GENERAL INFORMATION

SITE VISIT

This is a new contract, therefore no previous price history exists.

All tasks are located in the Ouachita National Forest on the Oklahoma Ranger District.

Please visit the site to determine size and difficulty for each subtask prior to submitting your quote. Offerors are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable.

If you are unfamiliar with the area and require assistance with viewing the site, please call: Larry Ross at 918- 653-2991 ext 103. An organized site visit is not scheduled. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

Basis of Award This is a Request for Proposals which will result in a firm-fixed price, performance-based, requirements contract for a basic period of performance from date of award, through September 30, 2015, plus two, one-year option periods. Submission of an offer for the basic contract period constitutes an offer to perform in the Option Period(s), if exercised. This project is set-aside 100% for small businesses Award will be made based on the best value to the government and can be made on initial offers.

One award will be made as a result of the solicitation. Award will be made to those offerors (1) whose proposals are technically acceptable and (2) whose technical/cost relationship presents the best value to the Government. Non-price evaluation factors when combined are more important than cost or price in the award decision when price is within the government estimate range.

The Government reserves the right to make cost/technical trade-offs that are in the best interest and advantageous to the Government. The critical factor in making any cost/technical trade-off is not the difference between the technical evaluations but the significance of the difference. The significance of the difference between the technical evaluations will be determined on the basis of what the difference might mean in terms of performance and what it would cost the Government to take advantage of that difference.

The Government may reject any or all offers if such action is determined to be in the best interest of the Government.

INVOICE PROCESSING PLATFORM (IPP)

The awarded Contractor will be required to upload their Invoices in the Invoice Processing Platform (IPP).

If you need assistance:, IPP Helpdesk at 866-973-3131.

OFFERORS SHALL BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM)

(www.sam.gov) AND SHALL ENTER THEIR REPRESENTATIONS AND CERTIFICATIONS ONLINE.

For FREE Government Contracting Assistance &/or help in registering with SAM contact:

The Oklahoma Bid Assistance Network PTAC serves the entire state of Oklahoma.

Statewide PTAC http://www.okbid.org 1500 W. Seventh Ave.

Stillwater, OK 74074

(405) 743-5571 PTAC Headquarters

CONTRACT CLAUSES

http://www.sam.gov/ http://www.okbid.org/

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items. (Apr 2014)

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

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

(1) The solicitation number;

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

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

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

(5) Terms of any express warranty;

(6) Price and any discount terms;

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

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

(9) Acknowledgment of Solicitation Amendments;

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

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

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

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

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

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

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

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

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

or

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

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

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

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

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

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

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

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

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section

Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925)

Facsimile (202 619-8978).

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

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

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

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

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

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

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

https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm

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

or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS+4” followed by the DUNS or DUNS+4 number that identifies the offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the Internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

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

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

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

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

(4) A summary of rationale for award;

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

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

http://fedgov.dnb.com/webform https://www.acquisition.gov/

(End of Provision)

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:

Past Performance.

Subfactors (Equal Order of Importance):

o Quality of Workmanship o Customer Satisfaction o Timeliness of Performance o Safety Record

NOTE: In accordance with FAR 15.305, in the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated either favorably or unfavorably in this area, but instead will receive a neutral rating in the area of past performance.

Experience and Availability of Firm, Key Personnel and Equipment.

Subfactors (Equal Order of Importance):

o Relevant Technical Knowledge o Ability to Perform the Work and Availability of Key Personnel o List of Available Equipment – Brand, Type, Age, Ownership Information, Etc.

o Utilization of Local Work Force

Price. A price evaluation will be performed to determine the reasonableness of the proposed price.

Reasonableness will be determined considering other competitive prices received and comparison to the independent Government estimate (IGE). The Government will look at whether a proposed price is too high and may also consider whether a proposed price is too low, since this might indicate a lack of technical understanding on the offeror's part or a performance risk associated with the proposal that the agency may not be willing to accept. Whether a price is too high or too low may be considered in the context of comparison to other price proposals as well as to the IGE or to any other information the contracting officer deems useful in his or her discretion. If multiple contract line items are included in the price schedule, prices will also be evaluated to determine whether any line items are unbalanced.

Offerors are cautioned to distribute costs appropriately.

Technical, past performance and price are all looked at as importance.

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

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

(End of Provision)

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Items. (Dec 2014)

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 accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) 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—

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

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

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

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

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

395(c).

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

http://www.acquisition.gov/

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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

(1) Means a small business concern—

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

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

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

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

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

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

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

and

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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.

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

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

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

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

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

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

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

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

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

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American— Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included…

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