Patient_Appointing_Services_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

FA4814-17-R-0003 20-Jan-2017

b. TELEPHONE NUMBER

813-828-7483

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 10 Feb 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE

NO.

FA48149. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RAMON A. JIMENEZ

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF

AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

6TH CONTRACTING SQ

2610 PINK FLAMINGO AVE

MACDILL AFB FL 33621-5119

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE F2V4FM 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

6TH MEDICAL SUPPORT SQ

AMANDA, BACA

3250 ZEMKE AVE

BLDG 1078

MACDILL AFB FL 33621

TEL: 813-827-3767 FAX: 813-827-9125

FAX:

TEL: 813-828-4766 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE

SMALL BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

561421

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED SMALL BUSINESS

PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL

ITEMS (CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Patient Appointing Services

FFP

The contractor will provide all personnel necessary to answer calls that will result in booking an appointment or documented verification that an appointment is not available. The contractor will also be responsible for creating telephone consults and MTF or patient cancellations. The contractor will be responsible for monitoring the “Appointment Request” inboxes through the duty day for each clinic submitted through MiCare (Relay Health).

FOB: Destination

SIGNAL CODE: A

NET AMT

1001 12 Months OPTION Patient Appointing Services

FFP

The contractor will provide all personnel necessary to answer calls that will result in booking an appointment or documented verification that an appointment is not available. The contractor will also be responsible for creating telephone consults and MTF or patient cancellations. The contractor will be responsible for monitoring the “Appointment Request” inboxes through the duty day for each clinic submitted through MiCare (Relay Health).

2001 12 Months OPTION Patient Appointing Services

FFP

The contractor will provide all personnel necessary to answer calls that will result in booking an appointment or documented verification that an appointment is not available. The contractor will also be responsible for creating telephone consults and MTF or patient cancellations. The contractor will be responsible for monitoring the “Appointment Request” inboxes through the duty day for each clinic submitted through MiCare (Relay Health).

3001 12 Months OPTION Patient Appointing Services

FFP

The contractor will provide all personnel necessary to answer calls that will result in booking an appointment or documented verification that an appointment is not available. The contractor will also be responsible for creating telephone consults and MTF or patient cancellations. The contractor will be responsible for monitoring the “Appointment Request” inboxes through the duty day for each clinic submitted through MiCare (Relay Health).

4001 12 Months OPTION Patient Appointing Services

FFP

The contractor will provide all personnel necessary to answer calls that will result in booking an appointment or documented verification that an appointment is not available. The contractor will also be responsible for creating telephone consults and MTF or patient cancellations. The contractor will be responsible for monitoring the “Appointment Request” inboxes through the duty day for each clinic submitted through MiCare (Relay Health).

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

1001 Destination Government Destination Government

2001 Destination Government Destination Government

3001 Destination Government Destination Government

4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 31-MAR-2017 TO

30-MAR-2018

N/A 6TH MEDICAL SUPPORT SQ

AMANDA, BACA

3250 ZEMKE AVE

BLDG 1078

MACDILL AFB FL 33621

813-827-3767

F2V4FM

1001 POP 31-MAR-2018 TO

30-MAR-2019

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 31-MAR-2019 TO

30-MAR-2020

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 31-MAR-2020 TO

30-MAR-2021

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 31-MAR-2021 TO

30-MAR-2022

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.209-7 Information Regarding Responsibility Matters JUL 2013

52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under and Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items OCT 2016

52.217-5 Evaluation Of Options JUL 1990

52.217-8 Option To Extend Services NOV 1999

52.217-9 Option To Extend The Term Of The Contract MAR 2000

52.219-1 Small Business Program Representations OCT 2014

52.223-10 Waste Reduction Program MAY 2011

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991

52.245-1 Government Property APR 2012

52.245-9 Use And Charges APR 2012

52.246-16 Responsibility For Supplies APR 1984

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

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7011 Alternative Line Item Structure SEP 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance

Information Retrieval System--Statistical Reporting in Past

Performance Evaluations

JUN 2015

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015

252.225-7000 Buy American--Balance Of Payments Program Certificate--

Basic (Nov 2014)

NOV 2014

252.225-7002 Qualifying Country Sources As Subcontractors AUG 2016

252.225-7009 Restriction on Acquisition of Certain Articles Containing

Specialty Metals

OCT 2014

252.225-7012 Preference For Certain Domestic Commodities AUG 2016

252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

OCT 2015

252.227-7015 Technical Data--Commercial Items FEB 2014

252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016

252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7007 Limitation Of Government's Obligation APR 2014

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012

252.245-7003 Contractor Property Management System Administration APR 2012

252.245-7004 Reporting, Reutilization, and Disposal SEP 2016

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.247-7023 Transportation of Supplies by Sea APR 2014

ADDENDUM TO 52.212-1

ADDENDUM TO FAR 52.212-1, INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS SOLICITATION

PROVISIONS ADDENDUM

The following additions/changes are made to FAR provision 52.212-1, which is incorporated by reference.

Information found in this addendum supersede FAR 52.212-1.

1.0 General Information

(a) Solicitation number: FA4814-17-R-0003

(b) Requests for clarification. Address any questions or concerns you have to the CO or CA. Written requests for clarification may be sent by e-mail to melissa.biggar@us.af.mil or ramon.jimenez.7@us.af.mil or by mail to the address located in block 9 of the standard form 1449. No phone calls will be taken. All requests for clarification/questions are due no later than 27 January 2017 at 12:00 PM Eastern Standard

Time.

(c) Receipt of offerors. Offers are due no later than 10 February 2017 at 12:00 PM Eastern Standard Time to the 6th Contracting Squadron, 2610 Pink Flamingo Avenue, Building 147, MacDill AFB, FL 33621-

5119. No faxed offers will be accepted. The offeror is solely responsible to make sure their offers are received by the deadline.

(d) “Notice to Offeror(s)/Supplier(s): 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.”

(e) Points of Contact – The Contracting Officer (CO) and Contract Administrator (CA) are the sole points of contact for this acquisition. The CA for this solicitation is Mrs. Melissa Biggar and she can be reached by phone at (813) 828-7492 or by email at melissa.biggar@us.af.mil. The CO for this solicitation is Mr.

Ramon Jimenez and he can be reached by phone at (813) 828-7483 or by email at ramon.jimenez.7@us.af.mil.

(f) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

2.0 General Instructions

(a) This section provides general guidance as well as specific instructions on the format and content of an offerors submissions. The offeror’s submission must include all data and information requested and must be submitted in accordance with these instructions. Any offeror who submits an incomplete package will be considered non-responsive to this solicitation and will not be evaluated for award. For the purposes of this solicitation, non-responsiveness refers to (but is not limited to): Failure to follow submission procedures and format (as contained/described herein), Failure to provide a Unit Price and Extended Total/Amount for each Contract Line Item, failure to provide the required number of past performance references required by this solicitation and/or failure to comply with section d(vi) of FAR 52.212-2 (if applicable). The offer shall be compliant with the requirements as stated in the Performance Work Statement (PWS).

(b) Offers shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. Offerors shall assume that the Government has no prior knowledge of their facilities and experience, and will base its evaluation on the information presented in the offeror’s submission.

(c) Elaborate brochures or documentation, binding, detailed art work, or other embellishments are unnecessary and are not desired.

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

(e) Discrepancies – If an offeror believes the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify the CO in writing with supporting rationale.

The offeror is reminded that the Government reserves the right to award this effort based on the initial submissions, as received, without discussion.

(f) Each past performance references submitted must idenitfy the contract number, dollar value, point of contact (w/telephone number & email address), and a short description detailing the work performed.

3.0 Organization/Number Of Copies/Page Limits

(a) The offeror shall prepare submissions as set forth in the organizational table below. The titles and contents of the volumes are defined in the below table, all of which shall be within the required page limits and with the number of copies shown below.

VOLUME VOLUME CONTENTS COPIES PAGE LIMIT

I

Original Plus three (3)

Copies

No limit mailto:melissa.biggar@us.af.mil mailto:ramon.jimenez.7@us.af.mil

Contract Documentation, Cost/Price

1 Digital Copy on a

Compact Disk

II

Past Performance

Original Plus three (3)

Copies

1 Digital Copy on a

Compact Disk

(b) Page Limitations – Page limitations shall be treated as maximums. If exceeded, the excess pages will not be read nor considered in the evaluation of the proposal and (for paper copies) will be returned to the offeror as soon as practicable. Each page shall be counted except the following: cover page, table of contents, tabs, and glossaries.

(c) Cost or Pricing Information – All cost or pricing information shall be addressed only in Volume I.

Information shall be limited to Contract Line Item Number (CLIN), including unit and extended pricing, as specified in this solicitation.

(d) Past Performance Information – All past performance information shall be addressed only in Volume II.

(e) Glossary of Abbreviations and Acronyms – Each volume shall contain a glossary of all abbreviations and acronyms used, with an explanation for each. Glossaries do not count against the page limitations for their respective volumes.

(f) Page Size and Format – A page is defined as each face of a sheet of paper containing information. When both sides of a sheet display printed material, it shall be counted as two pages. Page size shall be 8.5 X 11 inches, not including foldouts. Pages shall be single spaced and text size shall be no less than 12 point. Use at least 1 inch margins on top and bottom and ¾ inch side margins. Pages shall be numbered sequentially by volume. Legible tables, charts, graphs, and figures shall be used wherever practical to depict organizations, systems and layout, implementation schedules, plans, etc. These displays shall be uncomplicated, legible and shall not exceed 11 X 17 inches in size. Foldout pages shall fold entirely within the volume and count as a single page. Foldout pages shall not be used for text. These limitations shall apply to both electronic and hard copy submissions.

(g) Binding and Labeling – Each volume should be separately bound in a three-ring loose leaf binder. A cover sheet should be bound in each book, clearly marked as to volume number, title, copy number, solicitation identification and the offeror’s name. 1.2.7 Electronic Offers – The content and page size of electronic copies must be identical to the hard copies. For electronic copies, indicate on each CD the volume number and title. Use separate files to permit rapid location of all portions, including subfactors, exhibits, annexes, and attachments if any. Electronic copies shall be submitted in a format readable by Microsoft Office.

(h) Electronic Offers – The content and page size of electronic copies must be identical to the hard copies. For electronic copies, indicate on each CD the volume number and title. Use separate files to permit rapid location of all portions, including subfactors, exhibits, annexes, and attachments if any. Electronic copies shall be submitted in a format readable by Microsoft Office.

(i) Distribution – The “original” offer shall be identified. Offers shall be addressed to the Contract Specialist and mailed to: 6th Contracting Squadron, 2610 Pink Flamingo Ave., MacDill AFB, FL 33621-5119.

CLAUSES INCORPORATED BY FULL TEXT

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

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

(i) Price

(ii) Past Performance

When evaluated, price is equal in importance to past performance.

1. Basis for Contract Award

a. This solicitation is conducted in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, as supplemented by the Defense Federal Acquisition Regulation

Supplement (DFARS), and the Air Force Federal Acquisition Regulation Supplement (AFFARS).

These regulations are available electronically at the Air Force (AF) FARSite, http://farsite.hill.af.mil.

b. A contract will be awarded to the lowest priced offeror whose offer conforms to the solicitation requirements (to include all stated terms, conditions, representations, certifications, and all other information required by Addendum to 52.212-1) and receives an “Acceptable” Past Performance rating. Failure to provide a complete offer conforming to the entire solicitation (i.e. 52.212-1, 52.212-

2, Applicable Addendums & contract provisions/clauses) will result in that offeror not being eligible for award.

2. Number of Contracts to be Awarded

a. The Government intends to award one (1) contract as a result of this solicitation.

3. Evaluation Process

a. First, the Government will arrange all proposals conforming to the solicitation by Total Evaluated

Price (TEP) from lowest to highest and evaluate prices IAW FAR 15.404-1(b).

b. Secondly, the Government will evaluate the offerors past performance. If the eligible lowest priced offeror is evaluated to have an “Acceptable” past performance rating, award shall be made to that offeror without further consideration of any other offers. If the eligible lowest priced offeror is determined to have an “Unacceptable” past performance rating, the Government evaluation team will evaluate the next eligible lowest priced offeror until an “Acceptable” past performance rating is achieved or until all offerors are evaluated. If all offerors are evaluated and no “Acceptable” past performance rating is achieved, the Government reserves the right to enter into discussions if it is deemed to be in the best interest of the Government.

c. Factor One: Price

i. For the purpose of evaluation the Government will evaluate an offerors proposed price utilizing one or more of the techniques located at FAR 15.404-1(b). Proposed prices shall be fully burdened inclusive of all direct and indirect costs (e.g., profit, fringe benefits, salary, indirect rates and overtime hours). An offeror’s Total Evaluated Price will be determined by adding CLINs 0001 through 4001. Round all prices up to the nearest dollar.

http://farsite.hill.af.mil/

d. Factor Two: Past Performance

i. Offerors must provide (as part of Volume II) a list (references) of no less or more than four (4) of the most recent and relevant contracts performed for Federal agencies and commercial customers. Offerors whom identify less than 4 references due to a lack of relevant past performance must comply with section d(vi) below. Offerors whom provide less the minimum number (4) of past performance references and fail to comply with section d(vi) below, will result in that offeror being determined “non-responsive” and remove them from consideration.

ii. The government will evaluate the quality and extent of offeror’s performance deemed relevant to the requirements of the PWS. The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel (if applicable) who have relevant experience, or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to this acquisition. The Government shall evaluate an offerors Past Performance using the ratings idenified in Table 1.

Table 1 – PAST PERFORMANCE RATINGS

Rating Description

ACCEPTABLE Based on the offeror’s recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.

UNACCEPTABLE Based on the offeror’s recent/relevant performance record, the Government has a low expectation that the offeror will be able to successfully perform the required effort.

iii. The Government will use the following recency and relevancy definitions when assessing recent and relevant contracts:

Recency Assessment: An assessment of the past performance information will be made to determine if it is recent. To be recent, the effort must be ongoing or must have been performed during the past five (5) years from the date of issuance of this solicitation.

Past performance information that fails this condition will not be evaluated.

Relevancy Assessment: As described in Table 2 below, the Government will conduct an in-depth evaluation of all recent performance information obtained to determine how closely the provided products/services performed under those contracts relate to the

Performance Work Statement (to include magnitude of effort) provided and assign a rating of “Relevant or “Not Relevant. A relevancy determination of the offeror’s past performance will be made based upon the aforementioned considerations, including joint venture partner(s) and major and critical subcontractor(s). In determining relevancy for individual contracts, consideration will be given to the effort, or portion of the effort, being proposed by the offeror, teaming partner, or subcontractor whose contract is being reviewed and evaluated. Past performance information deemed “Not Relevant” will result in an “unacceptable” past performance rating.

Table 2 – RELEVANCY ASSESSMENTS

Rating Definition

RELEVANT Present/past performance effort involved essentially the same scope and magnitude of effort and complexities described in the PWS.

NOT RELEVANT Present/past performance effort involved little or none of the scope and magnitude of effort and complexities described in the PWS.

iv. In conducting the Past Performance evaluation, the Government reserves the right to use both the information provided in the offeror’s Past Performance proposal volume and information obtained from other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee

Performance and Integrity Information System (FAPIIS), Electronic Subcontract

Reporting System (eSRS), or other databases; interviews with Program

Managers,Contracting Officers and Fee Determining Officials; the Defense Contract

Management Agency (DCMA), and commercial sources.

v. Assigning Ratings. Past performance submissions determined to be neither recent and/or relevant, will result in an offeror receiving a performance confidence assessment of

“Unacceptable”. Negative past performance found using sources described in section d(iv) above, may result in a past performance confidence rating of “Unacceptable”.

vi. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror will not be evaluated favorably or unfavorably on past performance. Offerors without a record (minimum of 4 references) of relevant past performance will be required to affirmatively demonstrate its responsibility by providing supporting documentation. Supporting documentation must provide evidence that the offeror:

(1) Has adequate financial resources to perform the contract, or the ability to obtain them;

(2) Is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(3) Has a satisfactory performance record;

(4) Has a satisfactory record of integrity and business ethics;

(5) Has the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors);

(6) Is otherwise qualified and eligible to receive an award under applicable laws and regulations.

vii. Should supporting documentation be evaluated to reflect an offeror lacks certain elements of responsibility the contracting officer shall -

(1) Withhold contract award (see 19.602-3); and

(2) Refer the matter to the cognizant SBA Government Contracting Area Office

(Area Office) serving the area in which the headquarters of the offeror is located, in accordance with agency procedures.

Within 15 business days (or a longer period agreed to by the SBA and the contracting agency) after receiving a notice that a small business concern lacks certain elements of responsibility, the SBA Area Office will notify the concern and the contracting officer that the COC is denied or is being issued. Failure to be issued a COC will result in that offeror being determined ineligible for 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).

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2016)

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

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

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a https://www.sam.gov/portal judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a

State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974; and http://www.dol.gov/fairpayandsafeworkplaces

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

"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).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of

``labor laws''.

“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.

http://www.osha.gov/dcsp/osp/approved_state_plans.html

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

"Women-owned small business concern" means a small business concern--

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

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

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

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

United States.

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

(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 https://www.acquisition.gov/ by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), 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 (s) 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 ORCA.]

(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 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 to paragraphs (c)(8) and (9): 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…