Attch 3_ Addendums 52.212-1 52.212-2 52.212-4.pdf

Attachment 3

Addendum to FAR 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (SEPT 2023)

Addendum to 52.212-1(c), Period for Acceptance of Offer. The paragraph is tailored as follows:

The offeror agrees to hold the prices in its offer firm until time of award or completion of any protests unless otherwise withdrawn. Quote shall include a cover letter stating the proposal is valid through at least 10 JULY 2025. A quote offering less than 10 JULY 2025 will be deemed unacceptable.

To assure timely and equitable evaluation of the quote, the offeror shall follow the instructions contained herein. The offeror is required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in an offeror being ineligible for award. The offeror must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale. Any exceptions shall be outlined in the offeror’s cover letter.

The offeror is required to submit the following in response to this solicitation:

1. Technical plan

2. Pricing Sheet (to include support/justification for pricing)

3. Cover Letter on Company Letterhead

Only electronic copies shall be submitted in response to this solicitation. Indicate volume number, title, and the use of separate files to permit rapid location of information. The electronic copy of the proposal shall be submitted in a format readable by Microsoft (MS) Office suite of applications. A complete response to this solicitation shall consist of one electronic copy submitted by e-mail to latoyia.williams.1@us.af.mil and jacob.wunder.1@us.af.mil no later than the required proposal due date. Late quotes will not be accepted. Your email submission must be checked and determined to be "virus free" prior to submission. After receipt of your quote, the CS or CO will email a confirmation of receipt. If you do not receive a confirmation of receipt prior to the due date/time, the offeror is encouraged to reach out to the CS and CO to ensure the quote was received.

This acquisition does not require certified cost or pricing data. However, if deemed necessary, the contracting officer may request other than certified cost and pricing data to make a price fair and reasonable determination. To avoid delays, the offeror is encouraged to submit documentation deemed appropriate to support the proposed solution and pricing.

Organizational Conflict of Interest (OCI):

At the time of submitting a quote, the offeror must state affirmatively whether or not it has OCI issues and must submit an OCI Identification and Mitigation Plan with the proposal if OCI issues exist. The Government-accepted OCI Identification and Mitigation Plan shall be incorporated by reference into a resultant Contract. If no OCI exists, the offeror shall provide a statement stating no OCI exists.

mailto:latoyia.williams.1@us.af.mil mailto:jacob.wunder.1@us.af.mil

Specific Instructions:

1. Factor I - Technical Proposal

a) Please provide a concise summary of your technical approach on how you will provide lodging accommodations, how many rooms for type which billeting (double or single occupancy), how your staffing plan will cover the requested level of support, and how far you are located from Cairns Airport in accordance with the Performance work statement (PWS).

Offerors shall not simply copy and paste the information directly in the Statement of Work but rather shall provide their proposed solution for accomplishing the required service. Technical proposal shall be no more than 8 pages in length and should utilize Times New Roman font, 12 pt font sizing, with a standard single spacing.

2. Factor II – Price

a) The offeror shall submit pricing to support the completeness and reasonableness of their proposed prices for all contract line-item numbers (CLINS). The pricing information submitted shall fully support the SOW requirements for each element specified in the PWS. Information shall be segregated by the performance periods and the total price for each CLIN as specified in the solicitation. Information shall also show the consolidated total price for performance. This factor shall be completed in the Pricing Worksheet included in the solicitation package.

b) The extended amounts must equal the whole dollar unit price multiplied by the number of units (i.e., (12) months). All unit and total dollar amounts provided shall be rounded to the nearest dollar.

3. Cover Letter

a) Shall be submitted on company letterhead that includes the company name, UEI and cage code address, and a specific point of contact (POC).

Addendum to 52.212-2 Evaluation-Commercial Items (NOV 2021)

This is a best value source selection utilizing the subjective trade-off process to determine the offeror who gives the Air Force the greatest confidence it will best meet, or exceed, the requirements as stated in Addendum to FAR 52.212-2. Award will be made to the offeror who is deemed responsible in accordance with the FAR, as supplemented, whose proposal conforms to the solicitation's requirements (to include all stated terms, conditions, representations, certifications, and all other information required by 52.212-1 addendum of this solicitation) and is judged, based on price and other factors considered to represent the best value to the Government.

The following factors will be used in evaluation process:

- Factor 1 – Technical: Provide the necessary facilities, support, and location to provide lodging in

Cairns Australia. Offerors will be evaluated on their understanding of the requirements, proposed approach, and feasibility of their solution.

o Subfactor 1 – Number of hotel rooms offeror can provide o Subfactor 2 –The Staffing Plan o Subfactor 3 – The distance from Cairns Airport

- Factor 2 – Price: The Initial Total Evaluated Price (I-TEP) will be calculated as the sum of the Offeror’s proposed prices for the first and second unit cost for double billeting and single billeting rooms. Under this factor, the Government will evaluate the Offeror’s TEP based on the following:

- Item

- Description - Quantity - Unit - Unit Price in

US

Dollars

- Total Price in

US

Dollars

- 0001 - 7 double rooms

- (6-8 July)

- 3 (Days)

- FFP

- EA - -

- 0002 - 2 single rooms

- (6-8 July)

- 3 (Days)

- FFP

- EA - -

- 0003 - 80 double rooms

- 18 (Days)

- FFP

- EA - -

- 0004 - 10 single rooms - 18 (Days)

- FFP

- EA - -

i. Completeness. The offeror's price and other supporting information will be evaluated (but not rated) to ensure continuity and traceability of prices to the proposed technical proposal and between initial proposals and any revisions thereto. The review will determine the adequacy of the offeror's proposal in addressing and fulfilling the solicitation requirements.

ii. Reasonableness. The proposal will be reviewed to determine the reasonableness of price and the offeror's understanding of and ability to perform the requirement.

iii. Balance. IAW FAR 15.404 unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices. All separately priced line items will be analyzed to determine if the prices are unbalanced. The offer may be rejected if the CO determines the lack of balance poses an unacceptable risk to the Government.

Strengths Exceedances The Government intends, if it is in its best interest, to incorporate into the resulting contract, all beneficial aspects of the awardee’s proposal and all above threshold (minimum) attributes, performance levels, or capabilities for which evaluation credit was given.

By submission of your proposal, the offeror agrees to all solicitation requirements including terms and conditions and representations and certifications. The offeror shall clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

The Government reserves the right to cancel this solicitation, with no obligation to the offeror.

A. Technical: The Government will evaluate the Technical Plan on an Outstanding/Acceptable

/Unacceptable basis, assigning a rating of Acceptable or Unacceptable, as defined below.

a. Outstanding – Quote completely fulfils the governments requirements, can provide all rooms IAW the RFQ and PWS.

b. Acceptable – Quote meets the base (can provide 2 single occupancy rooms and 7 double occupancy rooms from 6 July 2025- 8 July 2025 and only provide a combination of the single and double billeting rooms totaling 40 – 99 rooms from 9 July 2025 – 27 July 2025, are technically acceptable IAW requirements of the RFQ and PWS.

c. Unacceptable – Quote does not meet all requirements of the RFQ and PWS.

i. Any vendor who cannot provide 2 single occupancy rooms and 7 double occupancy rooms from 6 July 2025- 8 July 2025 will be considered technically unacceptable for award of these specified rooms during these dates

ii. Any vendor who cannot provide a combination of the single and double billeting rooms totaling 40 – 99 rooms from 9 July 2025 – 27 July 2025 will be considered technically unacceptable for award of these specified rooms during these dates.

B. Subfactor grading

a. Subfactor 1 Number of hotel rooms offerors could provide

i. Outstanding – Quote completely fulfils the governments requirements of the RFQ and PWS.

ii. Acceptable – Quote meets the base requirements of the RFQ and PWS.

iii. Unacceptable – Quote does not meet all requirements of the RFQ and PWS.

b. Subfactor 2 – Staffing Plan

i. Acceptable – Quote meets the base requirements of the RFQ and PWS.

ii. Unacceptable – Quote does not meet all requirements of the RFQ and PWS.

c. Subfactor 3 – Distance from Cairns Airport

i. Acceptable – Quote meets the base requirements of the RFQ and PWS.

ii. Unacceptable – Quote does not meet all requirements of the RFQ and PWS.

C. Price: The Government will evaluate the price proposal submitted in response to this solicitation, reviewing the proposal to ensure that the proposed price is complete, reasonable, and balanced as defined earlier in this section. The Government reserves the right to reject an offer if the Contracting Officer determines that the proposed price does not meet the criteria of completeness, reasonableness, and balance.

General Considerations. The proposal must comply in all material respects with the requirement of law, regulations, and conditions set forth in the solicitation. To be eligible for award, the offeror must be determined responsible as defined in Federal Acquisition Regulation (FAR) 9.104-1.

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.

Award will be made IAW the procedures specified in the Simplified Acquisition Proposal Request (SAPR). The Government reserves the right to award up to 3 contracts, but has preference to award a single contract resulting from the solicitation using the procedures in the Basis of Award section of this clause. The Government will determine prices fair and reasonable through the use of competition.

In the event adequate price competition is not received, the Contracting Officer will use one or more of the price analysis techniques described at FAR 15.404-1(b)(2) to ensure the price to the Government is fair and reasonable.

Basis of Award: Award will be made on a best value tradeoff basis. The technical portion, most specifically the number of hotel rooms an offeror can provide (so long as they are technically acceptable), is more valuable than cost or price. A contract may be awarded to the offeror who is deemed responsible IAW FAR Subpart 9.1, as supplemented, whose quote conforms to the solicitation requirements and is judged to represent the best value to the Government. First, the Government will evaluate the technical plan for all quotes which conform to the submission requirements. Next, the Government will evaluate the technical proposal and price proposal on all offerors. In order to be eligible for award, the offeror shall have an Acceptable rating in each factor.

In the event the multiple offerors receive equal technical ratings, price will be the determining factor.

The Government will evaluate quotes using the following process:

1. Technical Evaluation: Technical proposals will be evaluated using the Outstanding/Acceptable/Unacceptable criteria described in the addendum to FAR 52.212-1 and FAR 52.212-2.

2. Price Evaluation: Price will be evaluated for reasonableness, completeness, and balance as described in the addendum to FAR 52.212-1 and FAR 52.212-2.

The Government reserves the right to conduct interchanges with offerors. These interchanges may be used to clarify aspects of proposals, resolve minor deficiencies, or allow offerors to revise their proposals (including price). The Government is not obligated to conduct interchanges with all offerors and may award without conducting interchanges.

Addendum to 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.

As prescribed in 12.301(b)(3), insert the following clause:

CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the

Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

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(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice at the conclusion of the contract period of performance to the Contracting Officer either on site or electronically via email. An invoice must include-

(i) Name of the Contractor;

(ii) An itemized list of room numbers, occupant name (if available), and associated charges;

(iii) Total lump sum amount.

(2) Receipt and acceptance by the Government will occur either on site or via email outside of Wide Area Workflow prior to payment by the Contracting Officer with the Government Purchase Card.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

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(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting

Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by

33.211 if–

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.acquisition.gov/far/part-33#FAR_33_211

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt;

or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The https://www.acquisition.gov/far/part-32#FAR_32_607_2 https://www.acquisition.gov/far/part-32#FAR_32_608_2

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

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(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

https://www.acquisition.gov/far/part-52#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(End of clause)