Atch 1 - Combo Synopsis-Solicitation W50S6V20Q0010.pdf

THIS COMBINED SYNOPSIS/SOLICITATION IS SET ASIDE 100% FOR SMALL BUSINESS. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only Synopsis/Solicitation notice; quotes are being requested and the written solicitation is incorporated below. Solicitation number W50S6V-20-Q-0010 is being issued as a REQUEST FOR QUOTE (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-08 effective 3 August 2020. The North American Industry Classification System (NAICS) code is 621340 and the corresponding small business size standard is $8 million. The Government intends to issue a firm fixed price, base plus 4 option years, contract for Optimizing the Human Weapon System Services for the Colorado Air National Guard at Buckley AFB, CO as set forth in the attached Performance Work Statement. Please reference solicitation # W50S6V-20-Q-0010 on all correspondence.

Due Dates:

Questions due by: 21 August 2020 @ 2:00 P.M. MST -Shall be submitted, in writing via email, to the points of contact listed below

-Responses to questions will be provided in the form of an update to the solicitation on Contract Opportunities

Quotes due by 17 September 2020 @ 2:00 P.M. MST

-Pricing shall be valid for 120 days after the quote due date -Quotes shall be submitted electronically via email to the points of contact listed below

Notice to Offerors:

The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

In accordance with FAR 52.212-1(g) which is incorporated by reference, the Government intends to evaluate offers and award a contract without discussions with offerors. Please review FAR 52.212-1 in its entirety.

POINTS OF CONTACT:

Primary – MSgt Christopher Stephenson – christopher.stephenson.6@us.af.mil Alternate - MSgt Lucas Martineau – lucas.martineau.4@us.af.mil Alternate – TSgt Chad Wiese – chad.wiese.5@us.af.mil Alternate - SSgt Erydin Bacon – erydin.bacon@us.af.mil Alternate - 2d Lt Jacob Geroux – jacob.geroux.1@us.af.mil

LIST OF ATTACHMENTS:

1. Combined Synopsis-Solicitation W50S6V-20-Q-0010

2. Performance Work Statement

3. SCA Wage Determinations

4. Price Schedule

DESCRIPTION OF SERVICES

The Colorado Air National Guard is requesting quotes for Optimizing the Human Weapon System services. Please refer to the attached Performance Work Statement for a full description of the services requested. Services provided under this solicitation are subject to the Service Contract Act and must comply with the minimum wage rates as listed in the attached SCA Wage Rates document.

QUOTE PREPARATION INSTRUCTIONS:

To ensure timely and equitable evaluation of Quotes, offerors shall adhere to the following instructions in preparing their quote. 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 offeror being ineligible for award. Offerors shall clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Verify that the prices quoted reflect the most competitive pricing available to the Government.

Quote Size:

Quote shall be submitted on company letterhead, and page size shall be 8.5 x 11 inches. Pages may be single or double-spaced. The text size shall be no less than Times New Roman 10 point. Use at least 1-inch margins on all sides of each page. Pages shall be numbered sequentially. If there are discrepancies in page counts between paper and electronic submittals, the paper version shall take precedence. Quotes shall not exceed 30 pages in length. Fewer pages is preferable.

Tables, Charts, Graphs, and Figures:

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 by 17 inches in size when printed. Foldout pages shall fold entirely within the volume, and count as two (2) pages. Foldout pages may only be used for large tables, charts, graphs, diagrams, and schematics, and not for pages of text. For tables, charts, graphs and figures, the text shall be no smaller than 8 point.

The Following Shall Be Included in the Contractor’s Response for Evaluation:

Evaluation Factor Criteria

1. Technical Capability Understanding of Requirement and Personnel

Qualifications

2. Past Performance Recent Government Contracts (Completed and/or

On-going)

3. Price Competitive Pricing

The offeror must submit detailed information for each evaluation factor. The information within the quote must demonstrate that the offered services meet or exceed the minimum specifications found in the solicitation's performance work statement. COANG will evaluate the offers on the basis of information furnished by the offeror in response to the solicitation.

Evaluation Factor One - Technical Capability

The evaluation process shall consider the following. The Technical Capabilities Factor rating will be expressed as an adjectival assessment of: Outstanding, Good, Acceptable, or Unacceptable.

i. Key Personnel - Resumes of the key personnel such as the Business Owner or Project Manager and Lead Physical Therapist or Athletic Trainer shall be provided. The resumes should detail each key personnel's experience performing similar functions as required by the Performance Work Statement both with the company and outside of the company. The resumes should also state the number of years of experience working with military pilots or elite collegian or professional athletes or Special Forces personnel, and with programs similar to optimizing the human weapon systems program or those specifically designed to deal with neck and back issues similar to those experienced by fighter aircrew.

ii. Project Management and Manning Plan - The offeror shall provide a written description of how work is to be performed to include a description of the type(s) of discipline(s) or profession(s) to be employed and the minimum credentials and experience each employee must possess. The offeror shall also include a description of any special technical training that will be provided to new or existing employees to ensure they are adequately prepared to provide services under the contract. The plan shall also detail what services are to be provided by the prime contractor and any subcontractors. The quote shall be evaluated to determine the extent to which the proposed approach is workable and the end results achievable. The quote shall be evaluated to determine the level of confidence provided the Government with respect to the offeror's methods and approach in successfully meeting and/or exceeding the requirements in a timely manner.

iii. Project Equipment and Supplies Plan - The quote shall provide a detailed description of the equipment and supplies provided by the Contractor needed to perform all services as described in the Performance Work Statement. The plan shall also demonstrate the capability to provide strength and conditioning for the neck and back equivalent to the capabilities of a MedX machine.

iv. Understanding of Required Work and Reporting Requirements - The offeror shall provide in their quote sufficient information to demonstrate their clear understanding of all requirements involved in providing the optimizing the human weapons system services as well as the reports that must be supplied to the Government (see Technical Exhibit 2 in the PWS). Quotes will be evaluated to determine the extent to which the offeror demonstrates their clear understanding of these requirements.

Evaluation Factor 2 - Past Performance

The past performance evaluation will assess the relative risks associated with an offeror's likelihood of success in fulfilling the solicitation's requirements as indicated by the offeror's record of past performance. In this context, "offeror" refers to the prime contractor. The Government will conduct a performance risk assessment based on the relevancy and recentness of the offeror's past performance as it relates to the probability of successful accomplishment of the required services. Present and past performance shall be evaluated as a measure of the

Government's confidence in the offeror's ability to successfully perform based on previous and current contract efforts. Past performance will be determined to be relevant if the performance involves work that is the same or similar in nature, size, and complexity to the services being procured under the instant solicitation, and recent if performed within the past five years. The Past Performance Factor rating will be expressed as an adjectival assessment of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Neutral.

Offerors are cautioned that the Government will review any or all of a combination of past performance information submitted by offeror as required per the solicitation and past performance data available in the Federal Awardee Performance and Integrity Information System (FAPIIS) at https://www.fapiis.gov/ .

The Government reserves the right to obtain past performance information from any available source besides those specified and may contact customers other than those identified by the offeror when evaluating past performance. Offerors are reminded that the burden of proving low performance risk rests upon the offeror. If an offeror has no record of relevant past performance or if past performance information is not available for such offeror, the offeror may not be evaluated favorable nor unfavorable on past performance. These offerors will be assessed a "Neutral" rating for past performance relevancy and confidence.

The offeror shall provide two references which shall be for recent work performed and shall be relevant to the complexity, size, and scope of the instant solicitation requirements.

For references, offerors shall list:

i. Name/address of organization contract was with contract or project number/title

ii. Period of performance of contract

iii. Brief description of contract/project scope and dollar value

iv. Point of contact information for reference (name/title/phone number/e-mail address)

Evaluation Factor 3 - Price

The Government will evaluate offers by adding the total of all line item prices found within the solicitation's Price Schedule, including all options. The total evaluated price will be the sum of all contract line items found within the solicitation's Price Schedule. The price must be determined as fair and reasonable by the Contracting Officer prior to award.

(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). In order to meet the requirements of FAR 52.217-8, Option to Extend Services, the Contracting Officer will evaluate the total price, plus 50% of the highest priced option year as the total price of the offer.

*Note: A comparative evaluation will be conducted among all quotes received, and contract award will be based on the quote that represents the best value to the Government given the outcome of the evaluation of quotes against the evaluation criteria. Failure to meet a technical requirement may result in an offer being removed from consideration.

(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.

PROVISIONS & CLAUSES:

THE FOLLOWING PROVISIONS AND CLAUSES ARE APPLICABLE TO THIS

ACQUISITION (Note: Provisions and/or clauses marked with a * require the offeror to provide responsive information as set forth within those provisions and/or clauses. This responsive information shall be submitted in the same format provided within those provisions or clauses at the time a Quote is submitted.):

FAR 52.202-1 Definitions (Nov 2013) FAR 52.203-3 Gratuities (Apr 1984) FAR 52.203-12 Limitation on payments to Influence Certain Federal Transactions (Jun 2020) FAR 52.204-2 Security Requirements (Aug 1996) FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) FAR 52.204-7 System for Award Management (Oct 2018) FAR 52.204-9 Personal Identify Verification of Contractor Personnel (Jan 2011) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) FAR 52.204-13 System for Award Management Maintenance (Oct 2018) FAR 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.207-3 Right of First Refusal of Employment (May 2006) FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020) FAR 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) FAR 52.212-1 Instructions to Offerors- Commercial Items (Deviation 2018-O0018) (Jun 2020) FAR 52.212-4 Contract Terms and Conditions- Commercial Items (Oct 2018) FAR 52.217-5 Evaluation of Options (Jul 1990) FAR 52.217-8 Option to Extend Services (Nov 1999) FAR 52.219-14 Limitations on Subcontracting (Mar 2020) FAR 52.219-28 Post-Award Small Business Program Representation (May 2020) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) FAR 52.223-6 Drug-Free Workplace (May 2001) FAR 52.229-3 Federal, State, and Local Taxes (Feb 2013) FAR 52.232-1 Payments (Apr 1984) FAR 52.232-8 Discounts for Prompt Payment (Feb 2002) FAR 52.232-17 Interest (May 2014) FAR 52.232-23 Assignment of Claims (May 2014) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) FAR 52.233-1 Disputes (May 2014) FAR 52.237-1 Site Visit (Apr 1984) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) FAR 52.237-10 Identification of Uncompensated Overtime (Mar 2015) FAR 52.244-6 Subcontracts for Commercial Items (Jun 2020) FAR 52.246-4 Inspection of Services- Fixed-Price (Aug 1996) DARS 252.201-7000 Contracting Officer’s Representative (Dec 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (Sep 2011) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (Sep 2013) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011) DFARS 252.204-7000 Disclosure of Information (Oct 2016) DFARS 252.204-7003 Control of Government Personnel Work Product (Apr 1992) DFARS 252.204-7004 DoD Antiterrorism Awareness Training for Contractors (Feb 2019) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (Oct 2016) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (Dec 2019) DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (May 2016)

DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services-Representation (Dec 2019) DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation (Dec 2019) DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (Dec 2019) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (Dec 1991) DFARS 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (May 2019) DFARS 252.225-7048 Export-Controlled Items (Jun 2013) DFARS 252.226-7001 Utilization of Indian Organization, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (Apr 2019) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Dec 2018) DFARS 252.232-7006 Wide Area Work Flow Payment Instructions (Dec 2018) DFARS 252.232-7010 Levies on Contract Payments (Dec 2006) DFARS 252-239-7001 Information Assurance Contractor Training and Certification (Jan 2008) DFARS 252.243-7001 Pricing of Contract Modifications (Dec 1991) DFARS 252.243-7002 Requests for Equitable Adjustment (Dec 2012) DFARS 252.244-7000 Subcontracts for Commercial Items (Jun 2013)

Full Text Provisions, Clauses & Addendums

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Contractors are not prohibited from providing—

(1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that it □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer—

(1) A description of all covered telecommunications equipment and services offered (include brand;

model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of provision)

FAR 52.204-26 Covered Telecommunications Equipment or Services – Representation (Dec 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability of a Felony Conviction under any Federal Law (Feb 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(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:

Evaluation Factor Criteria

1. Technical Capability Understanding of Requirement and Personnel

Qualifications

2. Past Performance Recent Government Contracts (Completed and/or

On-going)

3. Price Competitive Pricing

The offeror must submit detailed information for each evaluation factor. The information within the quote must demonstrate that the offered services meet or exceed the minimum specifications found in the solicitation's performance work statement. COANG will evaluate the offers on the basis of information furnished by the offeror in response to the solicitation.

Evaluation Factor One - Technical Capability

The evaluation process shall consider the following. The Technical Capabilities Factor rating will be expressed as an adjectival assessment of: Outstanding, Good, Acceptable, or Unacceptable.

i. Key Personnel - Resumes of the key personnel such as the Business Owner or Project Manager and Lead Physical Therapist or Athletic Trainer shall be provided. The resumes should detail each key personnel's experience performing similar functions as required by the Performance Work Statement both with the company and outside of the company. The resumes should also state the number of years of experience working with military pilots or elite collegian or professional athletes or Special Forces personnel, and with programs similar to optimizing the human weapon systems program or those specifically designed to deal with neck and back issues similar to those experienced by fighter aircrew.

ii. Project Management and Manning Plan - The offeror shall provide a written description of how work is to be performed to include a description of the type(s) of discipline(s) or profession(s) to be employed and the minimum credentials and experience each employee must possess. The offeror shall also include a description of any special technical training that will be provided to new or existing employees to ensure they are adequately prepared to provide services under the contract. The plan shall also detail what services are to be provided by the prime contractor and any subcontractors. The quote shall be evaluated to determine the extent to which the proposed approach is workable and the end results achievable. The quote shall be evaluated to determine the level of confidence provided the Government with respect to the offeror's methods and approach in successfully meeting and/or exceeding the requirements in a timely manner.

iii. Project Equipment and Supplies Plan - The quote shall provide a detailed description of the equipment and supplies provided by the Contractor needed to perform all services as described in the Performance Work Statement. The plan shall also demonstrate the capability to provide strength and conditioning for the neck and back equivalent to the capabilities of a MedX machine.

iv. Understanding of Required Work and Reporting Requirements - The offeror shall provide in their quote sufficient information to demonstrate their clear understanding of all requirements involved in providing the optimizing the human weapons system services as well as the reports that must be supplied to the Government (see Technical Exhibit 2 in the PWS). Quotes will be evaluated to determine the extent to which the offeror demonstrates their clear understanding of these requirements.

Evaluation Factor 2 - Past Performance

The past performance evaluation will assess the relative risks associated with an offeror's likelihood of success in fulfilling the solicitation's requirements as indicated by the offeror's record of past performance. In this context, "offeror" refers to the prime contractor. The Government will conduct a performance risk assessment based on the relevancy and recentness of the offeror's past performance as it relates to the probability of successful accomplishment of the required services. Present and past performance shall be evaluated as a measure of the

Government's confidence in the offeror's ability to successfully perform based on previous and current contract efforts. Past performance will be determined to be relevant if the performance involves work that is the same or similar in nature, size, and complexity to the services being procured under the instant solicitation, and recent if performed within the past five years. The Past Performance Factor rating will be expressed as an adjectival assessment of Substantial Confidence, Satisfactory Confidence, Limited Confidence, No Confidence, or Neutral.

Offerors are cautioned that the Government will review any or all of a combination of past performance information submitted by offeror as required per the solicitation and past performance data available in the Federal Awardee Performance and Integrity Information System (FAPIIS) at https://www.fapiis.gov/ .

The Government reserves the right to obtain past performance information from any available source besides those specified and may contact customers other than those identified by the offeror when evaluating past performance. Offerors are reminded that the burden of proving low performance risk rests upon the offeror. If an offeror has no record of relevant past performance or if past performance information is not available for such offeror, the offeror may not be evaluated favorable nor unfavorable on past performance. These offerors will be assessed a "Neutral" rating for past performance relevancy and confidence.

The offeror shall provide two references which shall be for recent work performed and shall be relevant to the complexity, size, and scope of the instant solicitation requirements.

For references, offerors shall list:

i. Name/address of organization contract was with contract or project number/title

ii. Period of performance of contract

iii. Brief description of contract/project scope and dollar value

iv. Point of contact information for reference (name/title/phone number/e-mail address)

Evaluation Factor 3 - Price

The Government will evaluate offers by adding the total of all line item prices found within the solicitation's Price Schedule, including all options. The total evaluated price will be the sum of all contract line items found within the solicitation's Price Schedule. The price must be determined as fair and reasonable by the Contracting Officer prior to award.

(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). In order to meet the requirements of FAR 52.217-8, Option to Extend Services, the Contracting Officer will evaluate the total price, plus 50% of the highest priced option year as the total price of the offer.

*Note: A comparative evaluation will be conducted among all quotes received, and contract award will be based on the quote that represents the best value to the Government given the outcome of the evaluation of quotes against the evaluation criteria. Failure to meet a technical requirement may result in an offer being removed from consideration.

(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 (Jun 2020) ALTERNATE I (OCT 2014)

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

(a) Definitions. As used in this provision—

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

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

Forced or indentured child labor means all work or service—

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.“Sensitive technology”—

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 veteransor, 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 with13 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 at13 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 CFR124.104(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 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.

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 least51 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.

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs [Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

(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 CFR124.1002.

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

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

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

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

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

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

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

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

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

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

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

____ Black American.

____ Hispanic American.

____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order11246-

(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 http://uscode.house.gov/ 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…