SF1449_Medical_Application.pdf

SEE ADDENDUM

(No Collect Calls)

FA254317R0005 20-Mar-2017

b. TELEPHONE NUMBER

720-847-9945 DSN 847

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 03 Apr 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 X ARE

26. TOTAL AWARD AMOUNT (For Gov t. 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.

FA25439. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ABRAHAM D. AGUS

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

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

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

FA2543 (460 CONF)

510 S. ASPEN ST.,

B1030 RM120 MS 92

BUCKLEY AFB CO 80011

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 F1K4AA 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

F1K4AA (MEDICAL SQ)

SEE SCHEDULE

275 S ASPEN ST MS89

BUCKLEY AFB CO

TEL: SEE SCHEDULE FAX:

720-847-6443 DSN 847FAX:

TEL: 720-847-9393 DSN 847 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$27,500,000

NAICS:

541513

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.

X

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)

PAGE 2 OF44

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.

FA254317R0005

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Medical System Application Trainer

FFP

The Contractor shall provide all supervision, personnel, equipment, transportation, material and other items necessary to staff, manage, and provide the services set forth in the Performance Work Statement (PWS) dated 2 March 2017.

Performance 1 May 2017 - 30 April 2018

SIGNAL CODE: A

NET AMT

PSC Code: Q702

0002 20 Hours Med App Sys Trainer - 20 Extended Hours

FFP

The Contractor shall provide all supervision, personnel, equipment, transportation, material and other items necessary to staff, manage, and provide the services set forth in the Performance Work Statement (PWS) dated 2 March 2017.

Performance 1 May 2017 - 30 April 2018

1001 12 Months OPTION Medical System Application Trainer OY1

FFP

The Contractor shall provide all supervision, personnel, equipment, transportation, material and other items necessary to staff, manage, and provide the services set

Performance 1 May 2018 - 30 April 2019

1002 20 Hours OPTION Med App Sys Tr - 20 Extended Hours OY1

FFP

The Contractor shall provide all supervision, personnel, equipment, transportation, material and other items necessary to staff, manage, and provide the services set

Performance 1 May 2018 - 30 April 2019

2001 12 Months OPTION Medical System Application Trainer OY2

FFP

The Contractor shall provide all supervision, personnel, equipment, transportation, material and other items necessary to staff, manage, and provide the services set

Performance 1 May 2019 - 30 April 2020

2002 20 Hours OPTION Med App Sys Tr - 20 Extended Hours OY2

FFP

The Contractor shall provide all supervision, personnel, equipment, transportation, material and other items necessary to staff, manage, and provide the services set

Performance 1 May 2019 - 30 April 2020

3001 12 Months OPTION Medical System Application Trainer OY3

FFP

The Contractor shall provide all supervision, personnel, equipment, transportation, material and other items necessary to staff, manage, and provide the services set

Performance 1 May 2020 - 30 April 2021

3002 20 Hours OPTION Med App Sys Tr - 20 Extended Hours OY3

FFP

The Contractor shall provide all supervision, personnel, equipment, transportation, material and other items necessary to staff, manage, and provide the services set

Performance 1 May 2020 - 30 April 2021

4001 12 Months OPTION Medical System Application Trainer OY4

FFP

The Contractor shall provide all supervision, personnel, equipment, transportation, material and other items necessary to staff, manage, and provide the services set

Performance 1 May 2021 - 30 April 2022

4002 20 Hours OPTION Med App Sys Tr - 20 Extended Hours OY4

FFP

The Contractor shall provide all supervision, personnel, equipment, transportation, material and other items necessary to staff, manage, and provide the services set

Performance 1 May 2021 - 30 April 2022

5001 6 Months OPTION Six Month Extension

FFP

Six month extension of service option. The Contractor shall provide all supervision, personnel, equipment, transportation, material and other items necessary to staff, manage, and provide the services set forth in the Performance Work Statement (PWS) dated 2 March 2017. Monthly price is equal to the Option Period exercised prior to this period adjusted for any applicable WD wage increases.

5002 10 Hours OPTION Six Months Extension - 10 Extended Hours

FFP

Six month extension of service option. The Contractor shall provide all supervision, personnel, equipment, transportation, material and other items necessary to staff, manage, and provide the services set forth in the Performance Work Statement (PWS) dated 2 March 2017. Monthly price is equal to the Option Period exercised prior to this period adjusted for any applicable WD wage increases.

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 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 5001 Destination Government Destination Government 5002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAY-2017 TO

30-APR-2018

N/A F1K4AA (MEDICAL SQ)

SEE SCHEDULE

275 S ASPEN ST MS89

BUCKLEY AFB CO

SEE SCHEDULE

FOB: Destination

F1K4AA

0002 POP 01-MAY-2017 TO

30-APR-2018

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-MAY-2018 TO

30-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-MAY-2018 TO

30-APR-2019

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAY-2019 TO

30-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-MAY-2019 TO

30-APR-2020

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-MAY-2020 TO

30-APR-2021

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-MAY-2021 TO

30-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-MAY-2021 TO

30-APR-2022

N/A (SAME AS PREVIOUS LOCATION)

5001 POP 01-MAY-2022 TO

31-OCT-2022

N/A (SAME AS PREVIOUS LOCATION)

5002 POP 01-MAY-2022 TO

31-OCT-2022

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-7 Anti-Kickback Procedures MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-16 Preventing Personal Conflicts of Interest DEC 2011 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 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-20 Predecessor of Offeror JUL 2016 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JAN 2017

52.212-1 ADDENDUM

FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (FEB 2012)(ADDENDUM)

(A) GENERAL

The following instructions are provided to ensure the submission of information necessary to properly evaluate each offeror’s proposal. Submit complete proposals as detailed in this section and FAR 52.212-2, Evaluation— Commercial Items. Include only information relevant to this solicitation. If the solicitation is amended, the offeror is responsible to acknowledge receipt of the amendment prior to the hour and date specified in the amendment. Failure to acknowledge receipt of the amendment may result in rejection of your proposal. Instructions on how to acknowledge receipt of the amendment are contained in the amendment. Failure to properly provide all information required by this solicitation may result in an invalid proposal.

(B) FORMAT

1. To assure the timely and equitable evaluation of proposals, the offeror must follow the instructions contained herein. The electronic proposal must be complete, self-sufficient, and respond directly to the requirements of the solicitation. The response shall contain two (2) separate parts:

a) Part I – Price Schedule, Clauses, and Provisions

b) Part II - Technical Capability

2. Proposals shall be typed in PDF format, Times New Roman, 12 Font. Charts, tables, and diagrams may be typed in Times New Roman, 8 Font but no less than 8 Font. Pages shall not exceed 8-1/2 by 11 inches and all margins shall be 1 inch. Diagrams, charts and tables shall conform to the paper size. All text shall be single-spaced. An offeror’s complete proposal files shall not exceed 25 pages to include cover pages. The 25 page limit does not include the SF1449, SF1449 Continuation Sheet, Pricing CLINs, amendments, Tabs, the DD Form 254, clauses, and provisions.

(C) CLAUSE/PROVISION INFORMATION

1. Offerors are to complete the necessary fill-ins and certifications in the provisions. Offeror is to review provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items. Only paragraph (b) of that provision must be returned if the offeror has completed the annual representations (reps) and certifications (certs) electronically at https://www.sam.gov. If the offeror has not completed the annual online reps and certs, then the offeror shall complete paragraphs (c) through (m) of this provision. The offeror shall provide either the information in paragraph (b) or the information contained in paragraphs (c) through (m) with its proposal.

2. FAR 52.212-1, paragraph (b)(6), is changed to read:

Price and any discount terms; Complete the “Signature of Offeror/Contractor” part of the Standard Form 1449 in Blocks 30a, 30b, and 30c. An authorized official of the firm must sign the Standard Form 1449. Provide complete pricing for the firm-fixed priced CLINS 0001, 0002, 1001, 1002, 2001, 2002, 3001, 3002, 4001, and 4002.

3. FAR 52.212-1, paragraph (b)(8), is changed to read:

A completed copy of the representations and certifications at FAR 52.212-3.

(D). SPECIFIC INSTRUCTIONS

1. PRICE PROPOSAL – In accordance with the SF 1449, insert proposed pricing for the firm-fixed priced CLINS 0001, 0002, 1001, 1002, 2001, 2002, 3001, 3002, 4001, and 4002. Offeror’s calculations shall be in whole dollars. In addition, perform the following:

(a) Respond to any Amendments issued.

(b) Complete blocks 12, 17a, 30a – 30c of the SF1449. In doing so, the offeror accedes to the contract terms and conditions as written in the SOLICITATION with attachments. The SOLICITATION constitutes the model contract.

(c) The offeror shall submit proposed pricing for all CLINS identified in the Request for Proposal, unless otherwise noted. The offeror shall submit pricing for the base period and all option periods. The extended amount must equal the whole dollar unit price multiplied by the number of units.

(d) Provide a letter of authorization for the Contracting Officer to verify the offeror’s financial responsibility. Include financial institution’s name, address, primary point of contact, and phone numbers for financial institutions.

(e) Provide a statement for the acceptance of offers stating the offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers.

Note: There are two CLINs, 5001 and 5002, covering the extension of services Government option period. This section puts you on notice that the Government has included in the contract a clause to extend services (Clause 52.217-8) at the same price as the last performance period plus any applicable wage determination increase. DO NOT SUBMIT PRICING FOR CLIN 5001 AND 5002. The Government will evaluate price reasonableness on this CLIN for award by placing one-half of the total cumulative price for CLIN 4001 and 4002 in the AMOUNT section of CLIN 5001 and 5002. In accordance with FAR 52.217-8, if utilized, the CLIN will be exercised at the same terms and conditions that the contract is in at the time of exercise. Although the Government will evaluate offers by utilizing the last option period price, it reserves the right to exercise this option IAW FAR 52.217-8.

2. TECHNICAL PROPOSAL

The offeror’s technical proposal shall address all the factors detailed in FAR 52.212-2.

(E). SUBMISSION INSTRUCTIONS

Offerors shall submit their proposals to via email the following email addressed not later than the date and time (MDT) specified in block 8 of the SF 1449:

damaris.raffaeli@us.af.mil abraham.agus@us.af.mil

No hard copies will be accepted.

(F). FORMAL COMMUNICATIONS

Formal communications such as requests for clarification and information concerning this solicitation shall be submitted in writing. All communications shall be conducted via email. Telephone, fax and oral questions will not be accepted. All questions regarding this solicitation must be submitted via email to Contract Specialist Abraham Agus at abraham.agus@us.af.mil and the LGCB Team Lead, Ms Damaris Raffaeli at damaris.raffaeli@us.af.mil by 10:00 AM MST on 27 March 2017. Any questions received after this date will not be answered. Questions and answers will be compiled and posted electronically via the FedbizOps website.

(G). ORGANIZATIONAL CONFLICT OF INTEREST

All Offerors that have information regarding an Organizational Conflict of Interest (OCI) are instructed to notify the Contracting Officer (CO) immediately when the information is discovered. Additionally, Offerors that believe they may have an Organizational Conflict of Interest (OCI) are directed to include a proposed mitigation plan with their proposal. This supplement will only be evaluated if the subject offeror is chosen for award. Offerors are also advised that if the Contracting Officer does not find the mitigation plan to be sufficient, even after exchanges, the CO may elect to disqualify the offeror in question.

(End of ADDENDUM)

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 52.219-1 Alt I Small Business Program Representations (Sept 2015)

Alternate I

SEP 2015

52.219-8 Utilization of Small Business Concerns NOV 2016

52.219-14 Limitations On Subcontracting JAN 2017 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards MAY 2014 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-1 Payments APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.233-2 Service Of Protest SEP 2006 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.239-7009 Representation of Use of Cloud Computing SEP 2015 252.243-7001 Pricing Of Contract Modifications DEC 1991 5352.209-9000 Organizational Conflict of Interest OCT 2010

5352.242-9000 Contractor Access to Air Force Installations NOV 2012 5352.242-9001 Common Access Cards (CACs) for Contractor Personnel NOV 2012

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR 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:

1. Technical

2. Price

Basis for Contract Award: The Government will award a firm-fixed price contract resulting from this soliciation to the technically acceptable, the lowest price, responsible offeror whose offer conforms to the solicitaiton.

(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.

52.212-2 ADDENDUM

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

(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: Lowest Price Technically Acceptable (LPTA) approach IAW FAR

13.5. Technical tradeoffs will not be made and no additional credit will be given for exceeding acceptability. It is the Government’s intent to evaluate proposals and award contracts without discussions with offerors. Therefore, the offeror’s initial proposal should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if the Contracting Officer (CO) later determines them to be necessary.

(b) The Government will rank proposals from lowest to highest based on Total Evaluated Price (TEP). Once the proposals are ranked by TEP the technical evaluations will begin starting with the lowest priced proposal. Technical evaluations will continue until the Contracting Officer determines 1) that a sufficient number of proposals have been determined technically acceptable to establish price fair and reasonable based on adequate competition and 2) a significant number of proposals have been determined technically acceptable to reduce the risk to the Government if the Lowest Priced Technically Acceptable offeror fails to perform IAW the contract specifications. Once the Contracting Officer determines the above criteria have been met, all further technical evaluations will cease.

(c) Evaluation Overview Factor 1: Price Factor 2: Technical Capability

Evaluation Criteria Factor 1: Price

Proposed contract line item prices will be evaluated for unbalanced pricing. Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items or sub line items appears to be significantly overstated or understated as indicated by the application of price analysis techniques. Various price analysis techniques and procedures will be used to ensure the proposed prices represent a fair and reasonable price.

It is expected that the competitive nature of this acquisition will drive price reasonableness and fairness; however, the Government reserves the right, if it deems appropriate, to make these determinations by means of one or more price techniques established in FAR 13.106-3. The Government may determine an offer unacceptable if the proposed prices are unbalanced or not fair and reasonable. An offeror’s proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government in the absence of discussions.

Upon validation of the acceptable offerors, the Government will award Lowest Price Technically Acceptable and price will be evaluated and determined as set forth in FAR Part 13.106-3.

Factor 2: Technical Capability

To be acceptable, the technical approach must describe the proposed Labor Category and how it relates to each task as identified in the PWS

Technical acceptability will be rated on an acceptable/unacceptable basis in accordance with the following table:

Table 1

Technical Acceptable/Unacceptable Ratings

Rating Description

Acceptable Proposal DOES meet all of the technical requirements

Unacceptable Proposal DOES NOT meet all of the technical requirements

Failure to include any of the required elements indicated will result in the offeror being determined technically unacceptable:

(End of ADDENDUM)

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

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

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

“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 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

(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.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

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

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[The offeror shall check the category in which its ownership falls]:

___ 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 Order 11246 --

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

(i) It [ ___ ] has, [ ___ ] has not, participated in a previous…