FA3016-16-R-0025 _Lackland_Laundry.doc

Section SF 1449 - CONTINUATION SHEET

CATEGORY A ITEMS

FFP

CATEGORY A ITEMS, SEE APPENDIX 3

FOB: Destination

PURCHASE REQUEST NUMBER: F2M3SH6013AW01

SIGNAL CODE: A

NET AMT

CATEGORY B ITEMS

CATEGORY B ITEMS, SEE APPENDIX 3

FOB: Destination

NET AMT

CATEGORY C ITEMS

CATEGORY C ITEMS, SEE APPENDIX 3

FOB: Destination

NET AMT

CATEGORY D ITEMS

CATEGORY D ITEMS, SEE APPENDIX 3

FOB: Destination

NET AMT

CATEGORY E ITEMS

CATEGORY E ITEMS, SEE APPENDIX 3

FOB: Destination

NET AMT

CATEGORY F ITEMS

CATEGORY F ITEMS, SEE APPENDIX 3

FOB: Destination

NET AMT

CATEGORY G ITEMS

CATEGORY G ITEMS, SEE APPENDIX 3

FOB: Destination

NET AMT

FFP

CATEGORY A ITEMS, SEE APPENDIX 3

FOB: Destination

NET AMT

FFP

CATEGORY B ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY C ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY D ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY E ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY F ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY G ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY A ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY B ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY C ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY D ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY E ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY F ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY G ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY A ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY B ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY C ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY D ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY E ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY F ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY G ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY A ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY B ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY C ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY D ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY E ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY F ITEMS, SEE APPENDIX 3

NET AMT

FFP

CATEGORY G ITEMS, SEE APPENDIX 3

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-JUN-2017

MICHAEL JONES

5187 GOTT ST., BLDG 5187

LACKLAND AFB TX 78236

(210) 221-7456

F2M3SH

30-JUN-2017

F2M3SH

30-JUN-2017

F2M3SH

30-JUN-2017

F2M3SH

30-JUN-2017

F2M3SH

30-JUN-2017

F2M3SH

30-JUN-2017

F2M3SH

30-JUN-2018

F2M3SH

30-JUN-2018

F2M3SH

30-JUN-2018

F2M3SH

30-JUN-2018

F2M3SH

30-JUN-2018

F2M3SH

30-JUN-2018

F2M3SH

30-JUN-2018

F2M3SH

30-JUN-2019

F2M3SH

30-JUN-2019

F2M3SH

30-JUN-2019

F2M3SH

30-JUN-2019

F2M3SH

30-JUN-2019

F2M3SH

30-JUN-2019

F2M3SH

30-JUN-2019

F2M3SH

30-JUN-2020

F2M3SH

30-JUN-2020

F2M3SH

30-JUN-2020

F2M3SH

30-JUN-2020

F2M3SH

30-JUN-2020

F2M3SH

30-JUN-2020

F2M3SH

30-JUN-2020

F2M3SH

30-JUN-2021

F2M3SH

30-JUN-2021

F2M3SH

30-JUN-2021

F2M3SH

30-JUN-2021

F2M3SH

30-JUN-2021

F2M3SH

30-JUN-2021

F2M3SH

30-JUN-2021

F2M3SH

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-13 SYSTEM FOR AWARD MANAGEMENT Maintenance (JULY 2013)

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

Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.

Data Universal Numbering System+4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at subpart 32.11) for the same concern.

Registered in the System for Award Management (SAM) database means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record ``Active''.

System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)(1)(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph

(c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the DUNS number is maintained with Dun & Bradstreet throughout the life of the contract. The Contractor shall communicate any change to the DUNS number to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the DUNS number does not necessarily require a novation be accomplished. Dun & Bradstreet may be contacted—

(i) Via the internet at http://fedgov.dnb.com/webform or if the

Contractor does not have internet access, it may call Dun and

Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

(End of clause)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS Addendum

A. General. To ensure 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, representations and certifications, and technical requirements in addition to those identified as evaluation factors and sub factors. Failure to meet a requirement may result in an offer being ineligible for award in the absence of discussions. Taking exception to any provision in the solicitation without addressing the exception with the Contracting Officer before the cutoff time listed in Paragraph B below will render the proposal ineligible for award.

The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers.

The proposal in response to this solicitation shall consist of two (3) separate volumes: Volume I - Technical Proposal Volume II - Price Proposal, and Volume III – Past Performance. All documents submitted in response to this request for proposal (RFP) must be fully responsive to and consistent with the requirements of the RFP.

The CO has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the CO will review this determination, and if adequate price competition exists, no additional cost information will be requested. However, if at any time during this competition the CO determines that adequate price competition no longer exists, offerors may be required to submit other than certified cost or pricing data IAW FAR 15.403-3 to the extent necessary for the CO to determine the reasonableness of the proposed prices.

B. Due Date/Time. To be considered, the complete, electronic proposal must be received not later than 29 April 2016 at 4:30 p.m. CST at the following address.

Proposals received after 29 April 2016 at 4:30 p.m. CST will be handled in accordance with FAR Clause 52.212-1(f). All proposals must be in English. Only email proposals will be accepted or considered. Send proposals to the Contract Specialists Mr. Lance Holmes at lance.a.holmes.civ@mail.mil or Ms. Traci Hughes at traci.a.hughes.civ@mail.mil.

C. Proposal Format. The proposals will be on 8 1/2 x 11 inch paper except fold-outs used for charts, tables, or diagrams, which may not exceed 11 x 17 inches. A page is defined as one face of a sheet of paper containing information. Double sided printing will be counted as two pages. All documents submitted should be printed double-sided, as practical. Typing font size shall not be less than 12 pitch. Elaborate formats, bindings, paper, photos, or color presentations will not enhance the rating of the proposal.

PROPOSAL ORGANIZATION

D. Solicitation Questions. Solicitation information and amendments will be posted to the Federal Business Opportunities (FBO) website at http://www.fbo.gov. Offerors may e-mail written questions requesting clarification of the solicitation to the Contract Specialists Mr. Lance Holmes at lance.a.holmes.civ@mail.mil or Ms. Traci Hughes at traci.a.hughes.civ@mail.mil.. The Government will answer questions received, until 22 April 2016 at 4:30 p.m. CST for Volumes I and II. Questions received after these dates may not be answered.

E. Site Visit. A site visit for prospective offerors will be conducted in accordance with the FBO notification. Potential offerors are encouraged to attend to view general and local conditions that may affect the cost of contract performance. Not attending the site visit will not relieve offeror from the responsibility of properly estimating the cost of successfully performing the work. In no event shall not attending the site visit constitute grounds for a claim after contract award.

Offerors wishing to attend the site visit shall provide the name, date of birth, and driver's license number (with state) of all attendees to the Contract Specialist Contract Specialists Mr. Lance Holmes at lance.a.holmes.civ@mail.mil or Ms Traci Hughes at traci.a.hughes.civ@mail.mil. Further instructions will be provided to all attendees.

2. VOLUME INSTRUCTIONS

A. VOLUME I – TECHNICAL PROPOSAL - Submit one email proposal with a Technical Proposal Volume containing the following:

Table of Contents

Technical Approach

Quality Control Plan

Technical Factors. Ensure the Technical Proposal clearly demonstrates the offeror possesses technical knowledge and the capability to perform all operations in accordance with the performance work statement.

Technical Factor 1: Technical Approach

The offeror shall explain their methodology for accomplishing the requirements of the PWS by describing the proposed organizational structure and management approach, emphasizing how the offeror proposes to accomplish and control the effort necessary for fulfillment of the PWS requirements. Of particular interest in this Technical Approach is the offeror’s approach to storing a large volume of laundered items (IAW PWS workload estimates) at the Contractor’s facility while awaiting return delivery to the Laundry Pick-Up and Delivery Service Point on Joint Base San Antonio (JBSA) - Lackland.

The offeror shall describe plans for tracking and controlling work and for supervising and monitoring performance including methods for monitoring, maintaining, and enhancing the quality of services. They shall describe any proposed subcontracting and or cooperative business arrangements, their operational and technical benefits to the Government, and the effectiveness of the proposed approach for managing these arrangements to ensure meeting the requirements of the PWS.

Technical Factor 2: Quality Control Plan (QCP)

The offeror shall submit a description of how quality and timeliness will be tracked and controlled, and the method of interaction and reporting to the Government. The QCP must also demonstrate how the offeror will meet all quality control requirements in the Performance Work Statement (PWS). If applicable, the QCP shall address how the work efforts of subcontractor will be managed for quality and timeliness.

B. VOLUME II – PRICE PROPOSAL – The Price Proposal Volume will contain the following:

Table of Contents

The offeror shall complete blocks 12, 17a, 26, 30a, 30b, and 30c of the SF 1449. In doing so, the offeror accedes to the contract terms and conditions.

The offeror shall insert proposed unit and extended prices for each Contract Line Item Number (CLIN) and Sub CLIN, including all option periods. The CLIN quantities are annual estimates. All unit prices must be rounded to no more than 2 decimal places. The extended amount must equal the whole dollar unit price multiplied by the number of units. The proposal must be submitted for a base plus four (4) option year periods.

The offeror shall complete the necessary fill-ins and certifications for all provisions and clauses throughout the SF1449.

Information beyond that required by this instruction shall not be submitted.

C. VOLUME III: Past Performance - Submit information on contracts you consider most relevant in demonstrating your ability to perform the proposed effort. The offeror shall submit a maximum of five (5) contracts.

Recency

The offeror shall submit a description of no more than five (5) contracts performed within three (3) years of the release of this solicitation. Include the following information:

Contract Number and Title Place of Performance Period of Performance Contracting Officer’s Name, Email Address, Phone Number Contract Value (including options)

Relevancy

The offeror shall include a brief description of the services performed and reasons why the effort should be considered relevant in relation to the solicitation requirements. Include rationale supporting your assertion of relevance. Offerors are cautioned that the Government will use data provided by each offer in this section and data obtained from other sources in the evaluation of relevant performance information. Offerors are required to explain what aspects of the contracts are deemed relevant to the proposed effort, and to what aspects of the proposed effort they relate. To clearly link the past performance information to the technical factors, the offeror should identify which contracts are relevant indicators of performance against a technical factor. Include the technical approach and quality control plan in the description of each relevant service contract.

(End of Provision)

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

1. General. Evaluation criteria are the same for all competing offerors. The Government will award a single contract resulting from this solicitation. The Government will select the proposal with the lowest evaluated price from among those meeting the acceptability standards for non-price factors. A contract may be awarded to the offeror who is deemed responsible in accordance with the FAR Part 9 Contractor Qualifications, as supplemented, whose offer conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by the FAR 52.212-1 Addendum of this solicitation) and is judged, based on the evaluation factors, to represent the lowest price technically acceptable proposal. While the Government will strive for maximum objectivity, the source selection process, by its nature, is subjective; and therefore, professional judgment is implicit throughout the entire process. A written notice of award or acceptance of a proposal, 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, whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Evaluations will be conducted in the following manner:

a. The Government evaluation team will rank offers according to their total evaluated price (TEP). The evaluation criteria in the Addendum to FAR 52.212-2 will be applied to each of the proposals in rank order. If the evaluation team finds that the lowest (TEP) is technically acceptable on all criteria with an acceptable past performance rating, the evaluations will stop. Subject to a determination of contractor responsibility, that offeror will receive award.

b. If discussions are required, a competitive range will be established beforehand in accordance with FAR 15.306. The Government will hold discussions with offerors and Final Proposal Revisions will be requested. After receipt of the Final Proposal Revisions, a best value determination will be accomplished in accordance with the source selection criteria. If the technically acceptable offeror with the lowest evaluated reasonable price and acceptable past performance represents the best value to the Government, the evaluation process stops at this point. Subject to a determination of contractor responsibility, that offeror will receive award.

c. If the technically acceptable offeror with the lowest evaluated reasonable price does not have an acceptable performance rating, the technically acceptable reasonably priced proposal with the next lowest evaluated price will be considered and the process will continue (in order by total evaluated price) until the Government reaches a Technically Acceptable reasonably priced offer with acceptable past performance rating.

2. Evaluation Criteria.

A. Technical Acceptability. The Government will evaluate the technical acceptability of lowest total evaluated priced offerors. To be acceptable, all technical sub factors must be rated Technically Acceptable.

The Government will evaluate the offeror’s proposal against the requirements of the technical factors to determine whether the proposal is Acceptable or Unacceptable, using the ratings and descriptions in the following table:

Table A-1. Technical Acceptable/Unacceptable Ratings

The following technical factors will be evaluated:

(1) Technical Evaluation Factor 1: Technical Approach This requirement is met when the offeror provides a sound business approach to accomplishing all aspects of the PWS. Of particular interest in this Technical Approach is the offeror’s approach to storing a large volume of laundered items (IAW PWS workload estimates) at the Contractor’s facility while awaiting return delivery to the Laundry Pick-Up and Delivery Service Point on Joint Base San Antonio (JBSA).

The offeror must address its plan for tracking and controlling work and for supervising and monitoring performance including methods for monitoring, maintaining, and enhancing the quality of services. Address any proposed subcontracting and or cooperative business arrangements, their operational and technical benefits to the Government, and the effectiveness of your proposed approach for managing these arrangements to ensure meeting the requirements of the PWS.

(2) Technical Evaluation Factor 2: Quality Control Plan (QCP) The government will evaluate the offeror’s plan to determine if it is sufficient to meet the Quality Control requirements in paragraph 2.1 of the Performance Work Statement (PWS) to include the procedures to track, identity, prevent, remedy and ensure non-recurrence of defective service. In making this assessment, the Government will evaluate the proposed plan against the estimated CLIN quantities and the projected level of work for the requirement.

B. Price Evaluation. Price will be evaluated for fair and reasonableness in accordance with one or more of the proposal analysis techniques described under FAR 15.404-1, which includes, but is not limited to, price analysis and unbalanced pricing. Adequate price competition in accordance with FAR 15.403-1(c)(1)(i) is anticipated to determine price reasonableness and the Contracting Officer (CO) has determined that this requirement meets the definition of a commercial item per FAR 2.101; therefore, certified cost or pricing data are not required per FAR 15.403-1(b)(1) and (3). However, if at any time during this competition the CO determines that adequate price competition no longer exists or that price reasonableness cannot be determined, offerors may be required to submit data other than certified cost or pricing data, as appropriate, for the CO to determine price reasonableness.

Prices will be evaluated based on the Total Evaluated Price (TEP), which will be calculated by multiplying the quantities for the Firm Fixed Price (FFP) CLINs X001-X007 for all contract periods identified in the SF1449 (Schedule of Supplies/Services) by the CLIN’s unit price. The total amounts for FFP CLINs X001-X007 for the base period plus all option periods will then be summed to equal the TEP.

FAR Clause 52.217-8, Option to Extend Services and FAR 52.217-9, Option to Extend the Term of the Contract are included in the RFP and will be incorporated into the resultant contract. Upon exercise, the clause(s) will extend the terms and conditions of the contract period, being extended, at the rates specified in the contract, the evaluation of which will be considered and included in the initial evaluation of the proposal (to include the base period plus all option periods).

C. Past Performance. A past performance evaluation team within the SSEB will conduct a past performance evaluation that examines an offeror's recent, relevant past performance record to assess the government’s confidence in the offeror’s ability to perform as proposed. A maximum of five (5) previous contracts within the last three (3) years of the solicitation release date will be considered. The past performance evaluation will be accomplished by focusing on the requirements, which directly relate to the Technical sub factors. A relevancy determination of the offeror’s past performance, including joint ventures, subcontractors and/or teaming partners, will be made. In determining relevancy for contracts, consideration will be given to the effort, or portion of the effort, being proposed by the offeror, teaming partner, or subcontractor whose contract is being reviewed and evaluated. The Government is not bound by the offeror’s opinion of relevancy. The following relevancy definitions apply:

Table C-1. Past Performance Relevancy Ratings

The Government evaluation team will conduct an in-depth review and evaluation of all performance data obtained to determine how closely the work performed under those efforts relates to the proposed effort. The team will, as deemed necessary, confirm past performance data identified by offerors in their proposals and obtain additional past and present performance data, if available from other sources. Other Government sources may include the Past Performance Information Retrieval System (PPIRS), the Contractor Performance and Reporting System (CPARS), the Federal Awardee Performance and Integrity Information System (FAPIIS), the Electronic Subcontract Reporting System (eSRS), or other databases; interviews with program managers, contracting officers, and fee determining officials; and the Defense Contract Management Agency.

The past performance evaluation will consider the number and severity of problems, the effectiveness of any corrective actions taken, and the offeror's overall performance record. Past Performance will be rated on an “Acceptable” or “Unacceptable” basis at the Past Performance factor level using the ratings in the DoD Source Selection Procedures, Table A-2.

Table C-2. Past Performance Evaluation Ratings (*SEE NOTE BELOW)

* Note: 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. Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

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. Offerors 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. The Government reserves the right to reassess an offeror's performance based on the offeror's responses to or clarifications to certain aspects of their proposal and make our own determination on the performance assessment.

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)

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

"Forced or indentured child labor" means all work or service-

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

(1) Not less than 51 percent of which…