FA2823-19-Q-0013_RFQ.pdf

This is a combined synopsis/solicitation for commercial services and/or supplies prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will NOT be issued. This is a Request for Quote (RFQ) and the solicitation number for this requirement is FA2823-19-Q-0013. The Contracting Office at Eglin, AFB, Florida, requires Industrial Environmental Control and Filtration System Maintenance in Corrosion Control Facilities, Buildings 72 and 455. This procurement is a 100% Small Business Set-Aside. Please identify your business size in your response based upon this standard.

DESCRIPTION OF REQUIREMENT:

CLIN 0001: FFP- PREVENTATIVE MAINTENANCE PROGRAM – Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 07 March 2019. Period of Performance 01 May 2019 – 30 April 2020. Qty:

12 months

CLIN 0002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A

NOT TO EXCEED CLIN – Additional/Miscellaneous IAW PWS dated 07 March 2019. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a proposal for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $30,000 per year.

Period of Performance 01 May 2019 – 30 April 2020. Qty: 1 Job

CLIN 0003: FFP – 1st STAGE FILTERS – Remove and Replace 1st Stage Filters. Provide maintenance IAW PWS dated 07 March 2019. Replace every 9 months; first change is January 2020. Period of Performance 01 May 2019 – 30 April 2020. Qty: 1 Each

CLIN 0004: FFP – 2nd STAGE FILTERS - Remove and Replace 2nd Stage Filters. Provide maintenance IAW PWS dated 07 March 2019. Replace every 18 months; first change is February 2020. Period of Performance 01 May 2019 – 30 April 2020. Qty: 1 Each

CLIN 0005: FFP – 3rd STAGE FILTERS - Remove and Replace 3rd Stage Filters. Provide maintenance IAW PWS dated 07 March 2019. Replace every 24 months; first change is May 2019.

Period of Performance 01 May 2019 – 30 April 2020. Qty: 1 Each

CLIN 1001: FFP- PREVENTATIVE MAINTENANCE PROGRAM – Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 07 March 2019. Period of Performance 01 May 2020 – 30 April 2021. Qty:

12 months

CLIN 1002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A

NOT TO EXCEED CLIN – Additional/Miscellaneous IAW PWS dated 07 March 2019. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a proposal for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $30,000 per year.

Period of Performance 01 May 2020 – 30 April 2021. Qty: 1 Job

CLIN 1003: FFP – 1st STAGE FILTERS – Remove and Replace 1st Stage Filters. Provide maintenance IAW PWS dated 07 March 2019. Replace every 9 months; first change is October

2020. Period of Performance 01 May 2020 – 30 April 2021. Qty: 1 Each

CLIN 1004: FFP – 2nd STAGE FILTERS - Remove and Replace 2nd Stage Filters. Provide maintenance IAW PWS dated 07 March 2019. Replace every 18 months. The first change is not until August 2021; therefore the Gov’t does not anticipate use of this CLIN in the base year.

This CLIN is for the event that paint booth use increases and filters must be changed prior to scheduled date. Period of Performance 01 May 2020 – 30 April 2021. Qty: 1 Each

CLIN 1005: FFP – 3rd STAGE FILTERS - Remove and Replace 3rd Stage Filters. Provide maintenance IAW PWS dated 07 March 2019. Replace every 24 months. The first change is not until May 2021; therefore the Gov’t does not anticipate use of this CLIN in the base year.

This CLIN is for the event that paint booth use increases and filters must be changed prior to scheduled date. Period of Performance 01 May 2020 – 30 April 2021. Qty: 1 Each

CLIN 2001: FFP- PREVENTATIVE MAINTENANCE PROGRAM – Preventative Maintenance Program for Corrosion Control Paint Booth in accordance with (IAW) Performance Work Statement dated 07 March 2019. Period of Performance 01 May 2021 – 30 April 2022. Qty:

12 months

CLIN 2002: FFP- ABOVE AND BEYOND MAINTENANCE AND REPAIRS. THIS IS A

NOT TO EXCEED CLIN – Additional/Miscellaneous IAW PWS dated 07 March 2019. The service provider shall complete all required non-scheduled maintenance to maintain operational readiness. All maintenance not associated with the preventative program (i.e. component replacement due to failure) will be covered under this CLIN. Once a problem is identified the Vendor will notify the Government and provide a proposal for repair to include 2 quotes from 2 separate parts distributors. The Vendor will not perform any repair unless directed by the Contracting Office. The Vendor will invoice referencing this CLIN not to exceed $30,000 per year.

Period of Performance 01 May 2021 – 30 April 2022. Qty: 1 Job

CLIN 2003: FFP – 1st STAGE FILTERS – Remove and Replace 1st Stage Filters. Provide maintenance IAW PWS dated 07 March 2019. Replace every 9 months; first change is July 2021.

Period of Performance 01 May 2021 – 30 April 2022. Qty: 1 Each

CLIN 2004: FFP – 2nd STAGE FILTERS - Remove and Replace 2nd Stage Filters. Provide maintenance IAW PWS dated 07 March 2019. Replace every 18 months. First change is August 2021. Period of Performance 01 May 2021 – 30 April 2022. Qty: 1 Each

CLIN 2005: FFP – 3rd STAGE FILTERS - Remove and Replace 3rd Stage Filters. Provide maintenance IAW PWS dated 07 March 2019. Replace every 24 months; first change is May 2021.

Period of Performance 01 May 2021 – 30 April 2022. Qty: 1 Each

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-01 effective 20 December 2018, DFAR DPN 20190215 effective 15 February 2018, and AFFAR AFAC 2018-0525 effective 25 May 2018. The North American Industry Classification System code (NAICS) is 811310, Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance, with a size standard of $7.5M. A firm fixed price contract will be awarded. The Government will not accept refurbished/used equipment. There will be no advance payments.

Offer Submission: Offerors are to complete the required representations listed in the provisions below and return with their offer. Offeror shall submit their offers utilizing the pricing workbook labeled Attachment 3. Offerors shall provide any necessary literature in order to determine technical acceptability in accordance with the Performance Work Statement and is limited to 5 pages. Offerors shall provide resumes for key personnel and are limited to 3 pages for each person. For the purposes of this RFQ a page is defined as one side. Offerors are to provide information regarding relevant past performance, and are limited to 5 pages. In addition to this information, the Offeror is to submit up to five (5) past performance questionnaires (Attachment 5). See evaluation process in 52.212-2 below.

Offer Evaluation: Evaluation of proposals will occur using the Lowest Price Technically Acceptable (LPTA) approach with Past Performance. See FAR 52.212-2 Evaluation -- Commercial Items for evaluation process.

PROVISIONS/CLAUSES: Provisions and clauses may be obtained via the internet through the following websites: http://farsite.hill.af.mil, http://www.arnet.gov/far/, or http://safaq.hq.af.mil/contracting.

The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this solicitation and are incorporated by reference:

- FAR 52.203-3, Gratuities

- FAR 52.203-12, Limitation on Payments to Influence Certain Federal Transactions

- FAR 52.203-16, Preventing Personal Conflicts of Interest

- FAR 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

- FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

- FAR 52.204-7, System for Award Management

- FAR 52.204-9, Personal Identity Verification of Contractor Personnel

- FAR 52.212-1, Instructions to Offerors—Commercial Items

- FAR 52.212-4, Contract Terms and Conditions--Commercial Items

- FAR 52.228-5, Insurance Work on a Government Installation

- FAR 52.232-39, Unenforceability of Unauthorized Obligations

- FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

- FAR 52.233-3, Protest After Award

- FAR 52.237-2, Protection of Government Building, Equipment and Vegetation

- FAR 52.246-4, Inspection of Services - - Fixed Price

- FAR 52.247-34, F.O.B. Destination

The following Defense Federal Acquisition Regulation (DFAR) provisions and clauses apply to this solicitation and are incorporated by reference:

- DFARS 252.201-7000, Contracting Officer’s Representative

- DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials

- DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights

- DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials

- DFARS 252.204-7003, Control of Government Personnel Work Product

- DFARS 252.204-7004 Alt A, System for Award Management Alternate A

- DFARS 252.204-7011, Alternative Line Item Structure

- DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

- DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors

- DFARS 252.213-7000, Notification to Prospective Suppliers on the Use of Past Performance Information Retrieval System – Statistical Reporting in Past Performance Evaluations

- DFARS 252.215-7008, Only One Offer

- DFARS 252.223-7008, Prohibition of Hexavalent Chromium

- DFARS 225-7012, Preference for Certain Domestic Commodities

- DFARS 252.225-7048, Export Controlled Items

- DFARS 252.232-7003, Electronic Submission of Payment Requests

- DFARS 252.232-7010, Levies on Contract Payments

- DFARS 252.243-7001, Pricing of Contract Modifications

- DFARS 252.243-7002, Request for Equitable Adjustment

- DFARS 252.244-7000, Subcontract for Commercial Items http://farsite.hill.af.mil/ http://www.arnet.gov/far/ http://safaq.hq.af.mil/contracting

- DFARS 252.247-7023, Transportation of Supplies by Sea

The following Air Force Federal Acquisition Regulation Supplement (AFFARS) provisions and clauses apply to this solicitation and are incorporated by reference:

- AFFARS 5352.223-9001, Health and Safety on Government Installations

The following Federal Acquisition Regulation (FAR) provisions and clauses apply to this solicitation and are incorporated by full text:

52.212-2 - Evaluation -- Commercial Items (Oct 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

1. BASIS FOR CONTRACT AWARD

1.1. This competitive acquisition will utilize Lowest Price Technically Acceptable (LPTA) source selection procedures with Past Performance proposals in accordance with Federal Acquisition Regulation (FAR) 15.101-2. This acquisition is under Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items, FAR Part 13, Simplified Acquisition Procedures, as supplemented, and the evaluation process and criteria set forth in this solicitation

1.2. Offerors are cautioned to submit sufficient information, in the format specified in FAR 52.212- 1, Instructions to Offerors – Commercial Items, of this solicitation to enable the evaluator(s) to fully ascertain each Offeror’s capability to perform all the requirements contemplated by this solicitation.

By submission of its offer, the Offeror accedes to all solicitation requirements, including terms and conditions, representations and certifications, exhibits, attachments, and Performance Work Statement. Offerors may be asked, at the discretion of the Government, to provide additional information for clarification. However, award may be made without holding any additional discussions. The Offeror’s initial proposal should reflect their best effort.

2. AWARD SPECIFICS

2.1. The Government intends to award one (1), single source, Firm-Fixed Price contract.

2.3. 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. Offerors must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Failure to meet a requirement risks rejection.

2.4. The Offeror’s proposal shall, as a minimum, address each of the following factors separately, as they apply to the Performance Work Statement. All proposals will be evaluated using the following criteria. The proposal must include a comprehensive and expanded explanation of how each of the following factors would be satisfied. Merely restating or parroting Performance Work Statement or provisions is not acceptable.

3. EVALUATION FACTORS

3.1. A detailed and complete analysis of each Offeror’s proposal will be performed. The Government’s evaluation will be based on the following factors and subfactors:

• Factor 1: Price

• Factor 2: Technical (Acceptable/Unacceptable)

• Factor 3: Past Performance (Acceptable/Unacceptable)

Technical and Past Performance, when combined, are approximately equal to Price.

3.2. Proposal Evaluation: The evaluation process will be accomplished as follows: Each Offeror’s proposal shall be evaluated based on the factors/subfactors below, to determine if the Offeror provides a sound, compliant approach that meets the requirements of the Performance Work Statement and its attachments, and demonstrates a thorough knowledge and understanding of those requirements and their associated risks.

3.3 FACTOR 1 – PRICE:

A. Cost/Price Evaluation: Offers will be ranked according to their Total Evaluated Prices (TEPs).

In order to calculate TEP Offerors shall provide prices in the Pricing Workbook (Attachment #3).

For each contract year, Offerors shall propose a unit price for the monthly preventative maintenance CLIN, an hourly rate for over and above maintenance and filter changes, a service call fee, first stage filter cost, second stage filter cost, and third stage filter cost in the worksheet titled ‘Section B’. Offerors shall provide their lodging & M&IE per diem quantities, and worker travel quantities in the worksheet titled ‘X002 Scenario’. All labor costs shall be fully burdened and include overhead and profit. Please note that there are three separate years within each worksheet. The Total Evaluated Price will be calculated by summing the Section B totals for each year with the X002 Scenario repair totals for each year. The Pricing Worksheet (Attachment #3) will automatically calculate the Total Evaluated Price based on the Offeror’s price inputs.

B. The Offeror’s proposed CLIN and Option CLIN prices will be automatically calculated in the Section B worksheet after the Offeror inputs prices.

C. Evaluation of Options: For the purposes of the award of this contract, the Government intends to evaluate the option to extend services, provided under FAR 52.217-8, as follows: The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract. The evaluation will therefore assume that the addition of the Price of any possible extension or extensions under FAR 52.217-8 to the total Price for the basic requirement and the total Price for the priced options has the same effect on the total Price of all proposals relative to each other, and will not affect the ranking of proposals based on Price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. Evaluation of options shall not obligate the Government to exercise such options. The Offeror must submit pricing for each year in order to be considered acceptable.

D. Reasonableness: Normally, Price reasonableness is established through adequate price competition, but may also be determined using one or more of the techniques defined in FAR

15.404. Once the Contracting Officer has determined that adequate price competition exists within this source selection Price fair and reasonableness will be evaluated, at a minimum, based on the comparison of the Offeror’s overall TEP with all other competitive Offerors’ overall TEPs received in response to the solicitation.

E. Rejection of Unbalanced Offers: Offeror’s Price proposals will be evaluated to determine if unbalanced pricing exists. Unbalanced pricing exists when, despite an acceptable total evaluated Price, the Price of one or more contract line items is significantly over or understated as indicated by application of cost or Price analysis techniques. An offer may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.

3.4 FACTOR 2 – TECHNICAL:

A. Technical Acceptability. The Government Technical evaluation team shall evaluate the Technical proposals on a pass/fail basis, assigning ratings of Acceptable or Unacceptable. Those Offerors deemed technically unacceptable will not be evaluated further. The Offeror’s Technical proposal shall demonstrate a sound plan for accomplishing work requirements identified in the PWS with the appropriate experienced personnel, and materials in the appropriate quantities to meet the Government’s maintenance requirements. Offerors shall provide resumes of key personnel demonstrating their experience with electrical and mechanical workings of similar heavy equipment. Limit to 3 pages each resume. Offerors shall also provide up to 5 pages of a technical proposal detailing any company processes that will ensure a smooth contract performance and also details any wholesale agreements or manufacturer partnerships that the Offeror has established.

Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal meets the requirements of the solicitation.

Unacceptable Proposal does not meet the requirements of the solicitation.

3.5 FACTOR 3 – PAST PERFORMANCE:

A. Offerors are to provide past performance information and Past Performance Questionnaires (Attachment # 5). Using the Past Performance submission, and other available information such as the Contractor Performance Assessment Reporting System (CPARS), the Contracting Officer shall seek recent and relevant performance information on all Offerors. The Government will perform a Past Performance evaluation and determine a Performance Confidence Assessment rating. The Past Performance evaluation assesses the degree of confidence the Government has in the Offeror’s ability to successfully perform the requirements of this effort. The evaluation considers recency, relevancy and quality.

1. Recent Definition: Ongoing contracts with a performance history, and contracts completed within three (3) years from the issue date of this solicitation.

2. Relevancy Definition: Relevancy is defined as contracts involving type of services and work elements described in the attached Performance Work Statement dated 07 March 2019.

Performance of work efforts such as repair and maintenance actions on air intakes, dampers, motors, transformers, burners, fans, soft starts, bearings, environmental filtration systems, and air make-up units (AMUs). It also includes performance of vibration analysis and infrared thermography to meet the requirements that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation and Performance Work Statement.

B. The Government Past Performance evaluation team shall evaluate the Offeror’s Past Performance to assess the Offeror’s ability to perform the effort described in this RFP, based on the Offeror’s demonstrated present and Past Performance. The Government will conduct a Past Performance evaluation rating based upon Past Performance of the Offerors as it relates to the probability of successfully performing the solicitation requirements. This evaluation will include the contractor’s record of (i) conforming to the Performance Work Statement and contract requirements, (ii) management of the project, (iii) reasonable and cooperative behavior and performance and commitment to customer satisfaction, and (iv) quality control. This rating represents the Government Past Performance evaluation team’s judgment of the probability of an Offeror successfully accomplishing the proposed effort, based upon the Offeror’s demonstrated present and Past Performance. The rating may be determined initially, or as a result of discussions.

The rating process will result in an overall Past Performance evaluation rating of Acceptable, Unacceptable or Neutral. Those Offerors’ Past Performance deemed unacceptable will not be evaluated further. This past performance evaluation shall include special emphasis on the following areas that will be evaluated:

C. Offerors with no recent and relevant past or present performance history or the Offeror’s performance record is so limited that no confidence assessment rating can be reasonably assigned shall receive the rating "Neutral," meaning the rating is treated neither favorably nor unfavorably.

Definitions for Performance Confidence Assessments and Relevancy are as defined below:

Past Performance Evaluation Ratings Rating Description Acceptable Based on the Offeror’s performance record, the Government has a reasonable expectation that the Offeror will successfully perform the required effort, or the Offeror’s performance record is unknown.

Unacceptable Based on the Offeror’s performance record, the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

No Recent/Relevant Past Performance: In the case of an Offeror without a record of relevant Past Performance or for whom information on Past Performance is not available or so sparse that no meaningful Past Performance rating can be reasonably assigned, the Offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the Offeror shall be determined to have unknown (or “neutral”) Past Performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

D. SOURCES OF PAST PERFORMANCE INFORMATION:

PAST PERFORMANCE QUESTIONNAIRES: Offerors shall provide their Past Performance questionnaires and are limited to 5 questionnaires. Offerors shall not submit other past performance questionnaires besides the questionnaire in Attachment #5. Offerors shall either provide the completed past performance questionnaires or an incomplete questionnaire that has the Offeror’s information, contract #, description of the contract, and the Point of Contact information on page 3 of the questionnaire (this will allow us to reach out for completed questionnaires). Past Performance information may be obtained from established systems such as the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), or other databases; and may be obtained from other sources available to the Government.

ADDITIONAL PAST PERFORMANCE INFORMATION: Offerors may provide up to five (5) additional pages of relevant past performance information and any details regarding predecessor companies or key personnel. Offerors submitting Past Performance information regarding predecessor companies, key personnel, or subcontractors, are highly encouraged to provide sufficient details regarding them to allow the Government to fully evaluate the relative value of the information. For example: how is the Past Performance of a predecessor company, key personnel, or subcontractor recent and relevant to the determination of this Offeror’s ability to perform THIS contract. What will the level of involvement of “key personnel” be on this contract effort? Provide full details of any subcontractor’s involvement on this work effort. However, Past Performance regarding predecessor companies, key personnel who have recent and relevant experience, or subcontractors that will perform major or critical aspects of the requirement will NOT be rated as highly as Past Performance information for the principal Offeror. The information is not mandatory and does not have to meet the recency definition that the questionnaires do.

4.0 EVALUATION

4.1. Initially, all offers will be ranked from lowest TEP to the highest TEP.

4.2. The first lowest TEP acceptable offer is determined to be reasonable, the Offeror will be evaluated for Technical Acceptability. If found to be Technically Acceptable then will be evaluated for Past Performance Acceptability. If the first lowest TEP offer is determined to be reasonable, and is judged to have an Acceptable Technical Rating and Past Performance Evaluation Rating, that Offeror represents the Best Value for the Government and the evaluation process stops at this point.

Award will be made to that Offeror without further consideration of any other offers.

4.3. If the lowest TEP acceptable offer is not determined to be reasonable, or is not judged to have an Acceptable Technical Rating or Past Performance Evaluation Rating, the next lowest TEP offer will be evaluated and the process will continue in sequential order until an acceptable Offeror whose Price is reasonable is judged to have an Acceptable Technical Rating and Past Performance Rating; that Offeror represents the Best Value for the Government and the evaluation process stops at this point. Award will be made to that Offeror without further consideration of any other offers.

4.4. Offerors are cautioned to submit sufficient information and in the format specified in FAR 52.212-1, Instructions to Offerors – Commercial Items, of this solicitation. Offeror’s may be asked to clarify certain aspects of their proposal (for example, the relevance of Past Performance information) or respond to adverse Past Performance information to which the Offeror has not previously had an opportunity to respond. Adverse Past Performance is defined as Past Performance information that supports a less than satisfactory rating on any evaluation element or any unfavorable comments received from sources without a formal rating system. 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 revision.

5.0 CLARIFICATIONS, DISCUSSIONS, AND NEGOTIATIONS.

The Government intends to evaluate offers and award a contract without discussions with Offerors.

Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a Price and Technical standpoint. In accordance with FAR 15.306, Offerors may be asked to clarify certain aspects of their proposal (for example, relevance of Past Performance information).

Communications (Clarifications) 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 revision. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. Discussions or negotiations may be conducted with all Offerors in the competitive range. Offerors may be required to participate in telephone discussions or in face-to-face oral discussions at the Contracting Office 308 West D Ave, Bldg. 260 Eglin AFB, FL, 32542.

(End of Provision)

52.212-3 Offeror Representations and Certifications -- Commercial Items (October 2018) Alternate I

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

“Forced or indentured child labor” means all work or service—

(6) 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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

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

and

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

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and http://www.sam.gov/

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), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) through (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 contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

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

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

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

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

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

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

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

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

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

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) 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 terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.”

The offeror shall…