Barrier_Combo.pdf

General Information

Document Type: Solicitation

Solicitation Number: FA2550-13-T-1002

Classification Code: J

NAICS Code: 238290–Other Building Equipment Contractors

Contracting Office Address Department of the Air Force, Air Force Space Command, 50CONS, Base Infrastructure Flight, 210 Falcon Parkway, STE 2116, Schriever AFB, CO 80912-2116, UNITED STATES

Description:

(i) This is a solicitation for commercial items prepared in accordance with the format in FAR

Subpart 12.603, 13.5, and 19.502-2, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are requested.

(ii) This solicitation is issued as a Request for Proposal (RFP) against solicitation number

FA2550-13-T-1002 for a commercial service to perform maintenance, repair, inspection, servicing, and testing of Gate and Barrier Maintenance at Schriever AFB, CO.

Notice to Offeror(s): Funds are not presently available for this effort. No award will be made under this solicitation until fimds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date for receipt of proposals. In the event the Government cancels this solicitation, the

Government has no obligation to reimburse an offeror for any costs

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-66 February 28, 2013.

(iv) The North American Industrial Classification System (NAICS) Number is (238290) Other

Building Equipment Contractors. This proposed acquisition is for full and open competition after exclusion of sources IAW FAR 6.203 for a Service-Disabled Veteran-Owned Small Business

(SDVOSB) set aside.

(v) The proposed acquisition consists of the following Contract Line Items Numbers (CLINs):

See Attachment #2

(vi) Description of requirements for the service to be acquired.

DESCRIPTION OF SERVICES: A non-personal service to provide all management, tools, supplies, equipment and labor necessary to inspect, perform maintenance and repairs on security barriers and motorized gates at Schriever Air Force Base (AFB), Colorado, in a manner that will comply with commercial standards and in accordance with (IAW) all applicable federal, state, and local regulations for maintaining these systems to ensure continuous, safe, and reliable operation.

See Attachment 1 PWS dated 02 May 13

See Attachment 2 Bid Schedule for Gate and Barrier Maintenance Services Solicitation FA2550-

13-T-1002

See Attachment 3 Wage Determination: 2005-2079, Revision No.: 13, Date Of Revision:

06/13/2012.

(vii) Date(s) Period of performance is:

Base period – 14 June 2013 – 30 September 2013 with four (4), one (1) year option periods.

Place of delivery and acceptance: Schriever AFB, CO 80912.

(viii) Provision at 52.212-1, Instructions to Offerors – See Full Text Below.

(ix)Provision at 52.212-2 -- Evaluation – See Full Text Below.

(x) Provision at 52.212-3, Offeror Representations and Certifications -- Commercial Items applies and to that end offerors must ensure that the representations and certifications have been completed in accordance with FAR 52.212-3 Offeror Representations and Certifications--

Commercial Items on the ORCA website (http://orca.bpn.gov/publicsearch.aspx).

(xi) Clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. See http://farsite.hill.af.mil/vffara.htm

(xii) Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or

Executive Orders -- Commercial Items (Oct 2010) Deviation-See Full Text Below.

(xiii) Contract financing arrangements will not apply.

The following additional clauses will apply:

BARRIER MAINT. ATTACHMENT LIST

Attachment: Description: Date: Pages:

#1 Performance Work Statement (PWS) 02/05/2013 15

#2 Bid Schedule 05/20/2013 8

#3 Wage Determination 06/13/2012 9 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1030_138258 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1090_150069 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1105_152093 http://orca.bpn.gov/publicsearch.aspx http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1349_181805 http://farsite.hill.af.mil/vffara.htm http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1495_214612

ADDENDUM 52-212-1

ADDENDUM 52.212-1

Addendum to 52.212-1

I. GENERAL INSTRUCTIONS:

A. These instructions provide general guidance for preparing proposals, as well as specific instructions on the format and content of the proposal. Throughout this section, the term

“offeror” includes subcontractors, teammates and/or joint venture partners. The offeror’s proposal must include all data and information requested, and must be submitted in accordance with these instructions. Any offeror who submits an incomplete package may be considered non-responsive,and therefore uneligable for award. The offeror shall be compliant with the requirements as stated in the Request for Proposal (RFP) and shall describe how the offer will satisfy the requirements stated in the PWS.This is a continuation of the solicitation provision FAR 52.212-1.

B. Offerors must understand that current Federal and Defense Regulations require the use of the

System for Award Management (SAM) and Wide-Area Work Flow (WAWF) Invoicing

System. A vendor must be registered in these systems prior to award of the contract otherwise successful offeror may be considered non-responsive if the attainment of these registrations delays award of the contract.

C. All required clause fill-ins and pricing information must be received or the offeror will be excluded from any further action on this acquisition. One (1) copy of the full package must be received by the closing date of the solicitation.

D. Send only unclassified written proposals (electronic is acceptable).

E. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions and representations and certifications. Failure to meet a requirement may result in an offer being ineligible for award. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

F. The proposal response shall consist of a copy of two (2) separate parts; Part I - Price

Proposal and Part II – Technical Proposal.

G. Information. Your proposal shall reflect the following information on the address label: (1) Address indicated in subparagraph (G) below

(2) Solicitation number: FA2550-13-T-1002

(3) The legend “TO BE DELIVERED UNOPENED TO ATTN: 50 CONS/LGCA”

H. Submit one (1) copy of your proposal in accordance with these Proposal Preparation

Instructions, to arrive at the office specified in subparagraph (H) below as follows:

(1) PART I – Price Proposal

(2) PART II – Technical Proposal

I. Delivery Options and Addresses:

Mailing Instructions: PART I (Price Proposal) and PART II (Technical Proposal) must be delivered to:

John M. Mittelstedt (Contracting Officer)

50 CONS/LGCA

210 Falcon Parkway Suite 2116

Schriever AFB, CO 80912-2116

Phone: (719) 567-3453

(2) Hand Delivery Instructions: Due to Schriever Air Force Base mail security processes, the

Contracting Officer cannot guarantee that mailed proposals will be received by the proposal deadline. Hand delivered proposals will be accepted until the proposal deadline and arrangements can be made with the Contracting Officer to pick up the proposals at the Schriever

AFB Visitor’s Center.

(3) Electronic versions can be emailed to: daniel.payne.13@us.af.mil or john.mittelstedt@us.af.mil. Offeror must request verification of receipt.

J. Bidders Library. All solicitation documentation, including the Performance Work Statement

(PWS) and attachments, are available on the FedBizOpps website: www.fbo.gov. Any other documents related to the solicitation not posted to the FedBizOpps website will be made available on an “as needed” basis upon request to the Contracting Officer. All the documents requested will be posted on FedBizOpps or a notification will be posted allowing all offerors access to the same information.

K. Documents submitted in response to this RFP must be fully responsive to and consistent with the following:

(1) Requirements of the RFP (CLINs, PWS and Wage Determination) to include all applicable Government standards and regulations.

(2) The technical proposal shall not exceed 50 pages. Pages exceeding the page limitations will be removed from the proposal and will not be read or evaluated.

(3) Formatting shall be as follows:

(a) A page is defined as one face of a sheet of paper containing information.

(b) The proposals will be 8 1/2” x 11” paper except for fold-outs used for charts, tables, or diagrams, which may not exceed 11” x 17”.

(c) Type size shall not be less than 12 font.

(d) Elaborate formats, bindings or color presentations are not desired or required. (e) The entire proposal may also be delivered on Compact Discs (CD) or electronically via email. All electronic data must be formatted for Microsoft Office 2010 and virus free. If files are compressed, they must be “self-extracting-archives” (no software needed to decompress files).

If files contain links, the links must be intact and maintained through all revisions.

Spreadsheets should be easily tractable. All of the files submitted shall be read-only. Include notes to add clarity and understanding of formulas/entries.

mailto:daniel.payne.13@us.af.mil mailto:john.mittelstedt@us.af.mil http://www.fbo.gov/

L. Site Visit. The site visit onto Schriever AFB is scheduled for 9:00 AM Mountain Standard

Time (MST), 29 May 13. Each offeror is permitted no more than two (2) representatives for the site visit. Offerors need to RSVP by phone or email with the number of representatives attending the site visit, and their full names no later than 2:00 PM MST 28 May 13. The RSVP contact is A1C Daniel Payne, Contracting Specialist at (719) 567-3898, daniel.payne.13@us.af.mil or Mr. John Mittelstedt, Contracting Officer at (719) 567-3453, john.mittelstedt@us.af.mil.

Offerors are highly encouraged to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award.

II. SPECIFIC PROPOSAL

INSTRUCTIONS: A. PART I – PRICE

PROPOSAL

(1) The offeror must submit an overall firm-fixed price, exclusive of annual Service Contract

Act wage determination increases.

(2) Complete blocks 12, 17a, and 30a, b, and c of the SF 1449. In doing so, the offeror agrees to the contract terms and conditions as written in the SOLICITATION along with the attachments. The SOLICITATION constitutes the model contract.

(3) Insert proposed unit and extended prices for Contract Line Item Numbers (CLINs):

FY13 0001 0002 0003 0004 0005 0006

FY14 1001 1002 1003 1004 1005 1006

FY15 2001 2002 2003 2004 2005 2006

FY16 3001 3002 3003 3004 3005 3006

FY17 4001 4002 4003 4004 4005 4006

The Government will determine pricing based on availability of funds and necessity for the following CLINs:

0007 1007 2007 3007 4007

(4) Fill in appropriate blocks of Bid Schedule.

(5) The offeror shall complete all necessary fill-ins and certifications required by this solicitation and only submit those pages. Ensure compliance with the on-line representations and certifications (ORCA) requirements in SAM. (https://www.sam.gov/portal/public/SAM/)

B. PART II – TECHNICAL

(1) Offerors must submit their technical approach to meeting the Performance of Work mailto:daniel.payne.13@us.af.mil http://contacts.gsa.gov/webforms.nsf/0/E331497A1FE0AE1F85256A260055A47B/%24file/sf1449.pdf http://www.sam.gov/portal/public/SAM/) http://www.sam.gov/portal/public/SAM/)

Statement (PWS). This should entail the offerors expected full time equivalent (FTE’s), labor categories, qualifications (certified maintenance and service technicians, official certification and training, and having a demonstrated competence in servicing remotely controlled hydraulic and electric road barrier stations), and management approach to meeting the requirements of the

PWS. The technical portion will be graded on an acceptable/unacceptable basis.

(2) Offerors are cautioned to submit sufficient information to ensure a proper technical evaluation. The technical proposal shall not exceed 50 pages. See Addendum to 52.212-

1 paragraph K(2).

(3) IAW 52.219-9, any offeror responding to this solicitation must provide a subcontracting plan if— subcontracts will be used in fulfillment of this contract. If no subcontracts will be used, the offeror must indicate this in their proposal.

(End Provision)

ADDENDUM 52.212-2

ADDENDUM TO 52.212-2

ADDENDUM TO 52.212-2

BASIS FOR CONTRACT AWARD: The Lowest Price Technically Acceptable (LPTA) source selection process will be used. Offerors’ technical proposal will be evaluated on an acceptable/unacceptable basis. In addition, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement.

By submission of its offer, the offeror agrees to all solicitation requirements. This includes the terms and conditions, representations and certifications, technical requirements, and funds in the solicitation and all attachments. Failure to meet a requirement may result in an offer being determined non-responsive and thereby excluded from any further consideration.

Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. The evaluation process shall proceed as follows:

A. PRICE PROPOSAL

(1) The offeror must submit an overall firm-fixed price, exclusive of annual Service

Contract Act Wage Determination increases. Offerors will be evaluated on their entire contract price inclusive of options as indicated in paragraph (2) of this provision.

(2) 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).

B. TECHNICAL

Offerors must submit with their proposal their technical approach for meeting the requirements of the Performance of Work Statement (PWS). This should entail the offerors expected manning levels, labor categories, qualifications (certified maintenance and service technicians, official certification and training, and demonstrated competence in servicing remotely controlled hydraulic and electric road barrier stations), and management approach to meeting the requirements of the PWS. The technical portion will be graded on an acceptable/unacceptable basis.

Offerors are cautioned to submit sufficient information to ensure a proper technical evaluation.

Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revisions. The Government intends to award a contract without discussions with respective offerors. The Government, however, reserves the right to conduct discussions if deemed in its best interest.

(End of provision)

ADDENDUM 5352.223-9001

ADDENDUM TO 5352.223-9001

ADDENDUM TO 5352.223-9001

5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997)

(a) In performing work under this contract on a Government installation, the contractor shall:

(1) Comply with the specific health and safety requirements established by this contract;

(2) Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this contract;

(3) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(4) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.

(b) The contracting officer may, by written order, direct Air Force Occupational Safety and

Health Standards (AFOSH) and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the

Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.

(d) Specifically, the contractor shall:

(1) Maintain a safe and healthful working condition for all Contractor personnel and must ensure conformance with standards developed under US Public Law 91-596, the OSHA of 1970, and

State Occupational Safety and Health (OSH) Standards, American National Standards Institute

(ANSI), and National Fire Protection Association (NFPA) standards. If a conflict occurs, the

Contractor shall apply the more stringent standard. Allow the Base Safety Office to monitor all operations to ensure the safety of Government property. Follow Air Force traffic regulations.

(2) Provide a Safety Plan for their employees not later than twenty (20) calendar days after contract award. The Contractor shall provide a preliminary draft. The contractor has ten (10) calendar days, after receipt of Government comments, to prepare and deliver final plan. The

Contractor shall provide an updated copy as changes and updates occur.

(3) Report all lost time mishaps involving any person sustaining injury or illness resulting from

Contractor operations and all mishaps involving Government property or equipment damaged by the Contractor to the Base Safety Office, the 50 SCS and CO no later than the end of the next duty day. If the mishap includes damage to Government property or equipment, the report and subsequent investigation is governed by the Base Safety Office.

(4) Be responsible for resolving all regulatory citations, request for delays, and variances and exemptions to OSHA. The Contractor is solely liable for fines, penalties, or other liabilities resulting from the Contractor’s failure to comply with these standards. Reimburse the Air Force for any damage to Air Force property determined by the CO to be in the Contractor’s fault.

(5) Inform the Base Safety Office of any identified safety hazards which expose personnel to possible injury, illness, or any possible damage to Government equipment or property.

(6) Mishaps Investigation: The Government has the authority to conduct investigations of mishaps in Government facilities managed by Contractors or to participate in the Contractor’s investigation of Contractor mishaps. The Contractor shall participate in, and cooperate with, Government mishap investigations as requested.

(7) Safety Inspections: The Government may conduct facility inspections in Government facilities that are occupied by the Contractor. Within the 50 states and US territories, Air Force

Contractors operating Air Force facilities located on or off Air Force installations, are subject to enforcement authority by Federal and State safety and health organizations. Authorized safety and health officials from states without OSHA approved occupational safety and health plans may be subject to the exceptions contained here, also exercise jurisdiction over Contractors operations.

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JAN 2012

52.203-3 Gratuities APR 1984

52.203-6 Restrictions On Subcontractor Sales To The

Government

SEP 2006

52.203-6 Alt I Restrictions On Subcontractor Sales To The

Government (Sep 2006) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments

To Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain

Federal Transactions

OCT 2010

52.204-4 Printed or Copied Double-Sided on Postconsumer

Fiber Content Paper

MAY 2011

52.204-7 Central Contractor Registration DEC 2012

52.204-9 Personal Identity Verification of Contractor

Personnel

JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

AUG 2012

52.204-13 Central Contractor Registration Maintenance DEC 2012

52.209-6 Protecting the Government's Interest When

Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

DEC 2010

52.212-1 Instructions to Offerors--Commercial Items FEB 2012

52.212-4 Contract Terms and Conditions--Commercial Items FEB 2012

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns JAN 2011

52.219-14 Limitations On Subcontracting NOV 2011

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

52.222-3 Convict Labor JUN 2003

52.222-19 Child Labor -- Cooperation with Authorities and

Remedies

MAR 2012

52.222-21 Prohibition Of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity MAR 2007

52.222-35 Equal Opportunity for Veterans SEP 2010

52.222-36 Affirmative Action For Workers With Disabilities OCT 2010

52.222-37 Employment Reports on Veterans SEP 2010

52.222-40 Notification of Employee Rights Under the

National Labor Relations Act

DEC 2010

52.222-41 Service Contract Act Of 1965 NOV 2007

52.222-43 Fair Labor Standards Act And Service Contract Act

- Price Adjustment (Multiple Year And Option)

SEP 2009

52.222-50 Combating Trafficking in Persons FEB 2009

52.222-54 Employment Eligibility Verification JUL 2012

52.223-3 Hazardous Material Identification And Material

Safety Data

JAN 1997

52.223-4 Recovered Material Certification MAY 2008

52.223-5 Pollution Prevention and Right-to-Know

Information

MAY 2011

52.223-10 Waste Reduction Program MAY 2011

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text

Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.229-3 Federal, State And Local Taxes APR 2003

52.232-17 Interest OCT 2010

52.232-18 Availability Of Funds APR 1984

52.232-33 Payment by Electronic Funds Transfer--Central

Contractor Registration

OCT 2003

52.233-1 Disputes JUL 2002

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995

52.245-1 Government Property APR 2012

52.245-9 Use And Charges APR 2012

52.251-1 Government Supply Sources APR 2012

252.203-7005 Representation Relating to Compensation of

Former DoD Officials

NOV 2011

252.209-7001 Disclosure of Ownership or Control by the

Government of a Terrorist Country

JAN 2009

252.215-7007 Notice of Intent to Resolicit JUN 2012

252.215-7008 Only One Offer JUN 2012

252.225-7001 Buy American And Balance Of Payments Program DEC 2012

252.225-7012 Preference For Certain Domestic Commodities DEC 2012

252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2012

CLAUSES INCORPORATED BY FULL TEXT

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph

(a)(1)(i)(B) of this provision.; and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec.

6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax

Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the

Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the

Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(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) Offeror’s compliance with all required information in the solicitation: Is the offeror responsive by providing all required information, if not then the offeror may be considered non-responsive and no further evaluation will be accomplished.

2) Lowest Price, technically acceptable.

3) The government will not have discussions, but may ask contractors for clarifications.

(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.

(d) See Addendum 52.212-2

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL

ITEMS (DEC 2012)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the

ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

https://www.acquisition.gov/

"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.

Inverted domestic corporation, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the

Internal Revenue Code at 26 U.S.C. 7874.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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 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 Online Representations and Certifications Application

(ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the

ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard 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 (o) 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, for general statistical purposes, 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 [ballot] is, [ballot] 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 [ballot] is, [ballot] 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 [ballot] is, [ballot] 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) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price

Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small

Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ) is, ( ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ) has, ( ) has not submitted a completed application to the Small Business

Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business

Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(11) 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)(11)(i) of this provision is accurate for each

HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: _______.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order

11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the

Equal Opportunity clause of this solicitation, the and

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

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

(i) It ( ) has developed and has on file, ( ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of

Labor (41 CFR Subparts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352).

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

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation

(FAR) 52.225-1, Buy American Act --Supplies, is included in this solicitation.)

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

States” are defined in the clause of this solicitation entitled “Buy American Act--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

Part 25.

(g)(1) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate.