FA4484-17-R-0020_Prot_Youth_Coordinator.pdf

SEE ADDENDUM

(No Collect Calls)

FA448417R0020 20-Jul-2017

b. TELEPHONE NUMBER

(609) 754-3956

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 03 Aug 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

FA44849. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RICHARD DRISCOLL

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

F3AT57103A001

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

87 CONS/LGC

2402 VANDENBERG AVE

JB MCGUIRE-DIX-LAKEHURST NJ 08641

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE F3A0T5 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

305 AMW/HC-F3A0T5

87 ABW/HC RESOURCE ADVISOR

2503 EAST ARNOLD AVE

MCGUIRE AFB NJ 08641

TEL: 609-754-4673 FAX:

609-754-4948FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

813110

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF56

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Protestant Youth Coordinator

FFP

The contractor shall serve as the Protestant Youth Coordinator responsible for volunteering with other Chapel programs. Serve as the resource person, advisor, and coordinator for Protestant Youth at Joint Base McGuire-Dix-Lakehurst in accordance with the attached Statement of Work.

FOB: Destination

PURCHASE REQUEST NUMBER: F3AT57103A001

SIGNAL CODE: A

NET AMT

1001 12 Months OPTION Protestant Youth Coordinator

FFP

The contractor shall serve as the Protestant Youth Coordinator responsible for volunteering with other Chapel programs. Serve as the resource person, advisor, and coordinator for Protestant Youth at Joint Base McGuire-Dix-Lakehurst in accordance with the attached Statement of Work.

FOB: Destination

2001 12 Months OPTION Protestant Youth Coordinator

FFP

The contractor shall serve as the Protestant Youth Coordinator responsible for volunteering with other Chapel programs. Serve as the resource person, advisor, and coordinator for Protestant Youth at Joint Base McGuire-Dix-Lakehurst in accordance with the attached Statement of Work.

3001 12 Months OPTION Protestant Youth Coordinator

FFP

The contractor shall serve as the Protestant Youth Coordinator responsible for volunteering with other Chapel programs. Serve as the resource person, advisor, and coordinator for Protestant Youth at Joint Base McGuire-Dix-Lakehurst in accordance with the attached Statement of Work.

4001 12 Months OPTION Protestant Youth Coordinator

FFP

The contractor shall serve as the Protestant Youth Coordinator responsible for volunteering with other Chapel programs. Serve as the resource person, advisor, and coordinator for Protestant Youth at Joint Base McGuire-Dix-Lakehurst in accordance with the attached Statement of Work.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

1001 Destination Government Destination Government

2001 Destination Government Destination Government

3001 Destination Government Destination Government

4001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 29-SEP-2017 TO

28-SEP-2018

N/A 305 AMW/HC-F3A0T5

87 ABW/HC RESOURCE ADVISOR

2503 EAST ARNOLD AVE

MCGUIRE AFB NJ 08641

609-754-4673

F3A0T5

1001 POP 29-SEP-2018 TO

28-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 29-SEP-2019 TO

28-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 29-SEP-2020 TO

28-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 29-SEP-2021 TO

28-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

STATEMENT OF WORK

FA448417R0020

Place of Performance The services stipulated in this Statement of Work shall be performed at any designated Chapel where

Joint Base McGuire-Dix-Lakehurst Chapel ministries are performed as directed by the Joint Base

Senior Chaplain or his/her representative, normally the ranking Protestant Chaplain.

Contractor Supervision The U.S. Government will not supervise the contractor in any manner.

Continuity of Service The contractor is responsible to personally perform the services described in this Performance Work

Statement or coordinate performance by a substitute of equal or higher proficiency who has been approved in advance by the Ranking Protestant or Responsible Chaplain. The Contractor will submit the names and qualifications of proposed subcontractors to the Designated or Responsible Chaplain for approval at least 14 days prior to the proposed absence. Subcontractors must meet the requirements for the position as outlined in this Performance Work Statement. The Contractor is responsible for payment of any approved subcontractor(s).

Performance during a Crisis Performance during a crisis declared by the President, Secretary of Defense, or overseas combatant commander: Provide 24-hour contact, and comply with all provisions of this Statement of work during crisis declared by the President, Secretary of Defense, or overseas combatant commander. Workloads may significantly increase during wartime contingencies as directed by the contracting officer.

Background Check

(a) All personnel under this contract to include subcontractors must complete a positive background investigation and fingerprints as specified herein and by DoDI 1402.5. Subcontractors must adhere to the same background check requirements to include fingerprinting to perform services unless the contractor arranges a green badge member to be present.

(b) Refer to AFFARS 5352.242-9000 - Contractor Access to Air Force Installations (June 2002)

Period of Performance and Work Hours

(a) Services will be performed during the period of 2 9 Sept 2017 through 28 September 2018 with 4 option years in support of the Joint Base McGuire-Dix-Lakehurst Chapel Program.

(b) In the event of inclement weather, contractor will refer to 609-754-BASE or Responsible

Chaplain for base closure information and/or procedures.

(c) Work Hours

(i) This contract anticipates a 24 hours of service per week including coordination, meetings, consultation, and programs in order to provide the defined services. Be available to work additional hours should the need arise for special events. Work may be required on weekends and evenings for special programs. The contractor may be required to provide services on some Federal Holidays in conjunction with religious observances. Develop and post schedule of office and program hours in coordination with the Responsible Chaplain. Office hours will be during normal duty hours (0730-1630 Monday through Friday) and on at least one (1) weekday. Place of contract performance is at one (1) of the Joint Base McGuire-Dix-

Lakehurst Chapels as required by each program. Office workspace will be provided in one (1) of the Joint Base McGuire-Dix-Lakehurst Chapels.

Description/Duties & Responsibilities

McGuire-Dix-Lakehurst Protestant chapel Youth coordinated for content and volunteers with other chapel programs. Serve as the resource person, advisor, and coordinator for Protestant Youth at Joint Base

McGuire-Dix-Lakehurst Protestant program. The primary goal of the PYOC program is to foster and strengthen faith commitments through fellowship activities, youth meetings and events, Bible studies, retreats, camps and mentoring programs involving youth within the Joint Base McGuire-Dix-Lakehurst

Protestant community. Contractor will furnish all labor, tools, transportation, and incidentals as necessary to provide the Joint Base McGuire-Dix-Lakehurst Chapel Protestant Youth Coordinator services in accordance with the tasks identified herein.

(i) Provide and coordinate a youth program in accordance with the guidelines set forth by the Air

Force Chaplain Corps (AFI 52-101) as represented by the Joint Base McGuire-Dix-Lakehurst

Responsible Chaplain. A successful program will meet the needs of the Protestant community and meet the goals agreed upon at the annual Protestant planning meeting including the number of people involved.

(ii) Assess needs for the youth program with the Chaplain Corps leadership and in consult with the Protestant Advisory Council.

(i) Program will be evaluated based on meeting the needs of the community, participant satisfaction, volunteer feedback, and through overall quality evaluation by the Responsible Chaplain. The contractor will not be supervised by the

Government, but the quality of the program will be evaluated. The contractor will provide metrics as requested by the Responsible Chaplain for program evaluation.

(ii) Work out specific vision for youth program with the Responsible Chaplain annually.

(iii) Direct the youth ministry program, recruit volunteers, procure necessary materials and supplies, train volunteer staff as needed and supervise this year-round activity.

(iv) Organize youth group for Jr High and Senior High students, as well as their discipleship classes;

recruit volunteer teachers, substitutes, and other necessary staff; trains teachers and substitutes; and provide workshops as required.

(v) Organize at least 3 outreach events annually for teens not involved in the chapel program. Includes a music program as part of the chapel youth group.

(vi) Be a participating member of the JB MDL Protestant Community by regularly attending

Protestant worship services, recruiting volunteers, promoting the youth ministry, and providing program announcements in coordination with respective service chaplains and the Protestant

Community Coordinator.

(vii) Provide an annual program plan as specified in local operating instructions and policy letters.

Plan, program, and lead a weekly Protestant youth class, and 3 outreach event opportunities as determined in consult with Responsible Chaplain and Protestant Advisory Council.

(viii) Provide orientation for new volunteer staff members in facilities, funding, religious education policies, and available resources.

(ix) Organize at least two volunteer training events each year, one in the fall and one in the spring.

(x) Plan one volunteer recognition event and consider ways to honor and recognize the volunteer staff during the year in collaboration with the Protestant Community, Community and Religious

Education Coordinators.

(xi) In consultation with the Responsible Chaplain, promote and lead youth leadership participation throughout all Protestant community programs and ministries, e.g., music ministry, audio/video ministry, usher ministry, children’s ministry, Vacation Bible School, holiday programs, weekday religious education programs, and other Protestant programs.

(xii) Comply with all Federal, State, and Local Laws and requirements and Air Force Instructions that apply to this position.

(xiii) All personnel under this contract (to include subcontractors and all volunteers working with youth below 18 years of age) must complete a positive background investigation with fingerprints as specified herein and by Department of Defense Instruction (DoDI 1402.5), Criminal History Background Checks. Refer to AFFARS 5352.242-900 – Contractor

Access to Air Force Installations (June 2002).

(xiv) Ensure all volunteers working with youth below 18 years of age receive a background check as described in DoDI 1402.5. Follows JB MDL Chapel procedures for conducting

Background Checks in coordination with the Contract Officer. Maintains record of volunteers who have a current background check. Ensure all volunteers are aware of local safety requirements and procedures.

(xv) The Contractor is accountable for security and cleanliness of all facilities utilized in conjunction with their programs

(xvi) The Contractor coordinates all support requirements with the CTOF Contract Officer or their appointed representative; the Responsible Chaplain and his/her representative, normally, the Protestant Community Coordinator.

(xvii) The Contractor will, in consultation with the Responsible Chaplain and his/her representative, normally, the Protestant Community Coordinator, develop an annual calendar of events, CTOF budget, appropriated fund budget, and core religious curriculum. This information is submitted as required by local and USAF Chaplain Corps operating procedures and instructions.

(Xviii) Coordinate all youth religious education support requirements with the Responsible Chaplain and his/her representative, normally, the Protestant Community Coordinator. Activities are divided by student grade level and planned at least 60 days in advance. The youth group includes Junior High and Senior High divisions.

(x) Arrive or ensure a responsible volunteer adult arrives at least one-half hour prior to the beginning of classes. Volunteers must adhere to the same background check requirements to include fingerprinting to perform services unless the contractor arranges a green badge member to be present prior to the beginning of classes.

(xix) Visit each class at least twice a month or as requested by volunteer teachers.

(xx) Keep a record of enrollment and attendance. Maintain a current roster of the volunteer staff.

(xxi) Lead weekly youth group, discipleship class and other activities as needed and agreed through the

Protestant Planning process in consult with the Responsible Chaplain and Protestant Advisory

Council.

(xxii) Submit Purchase Requests as required for support of the youth ministry program to the

Responsible Chaplain and his/her representative, normally, the Protestant Community

Coordinator. Adhere to local operating instruction for all Purchase Request issues.

(xxiii) Project the required amount of educational curriculum material and submit an annual order to the

Responsible Chaplain and his/her representative, normally, the Protestant Community

Coordinator as part of the annual CTOF Budget planning process.

(xxiv) Submit monthly attendance reports to the Protestant Community Coordinator.

(xxv) Hold quarterly planning meetings with the Responsible Chaplain in consult with the Parish

Advisory Council.

(xxvi) Attend all Protestant Advisory Council meetings as a non-voting member.

(xxvii) Be responsible for keys provided by the government. For access to the facility during non-duty hours as well as office access, a key or keys will be provided. Keys shall be safeguarded and will not be duplicated. All keys will be returned on revocation of this service agreement.

Contractor will report any duplicated, lost or misplaced keys to the government within one (1) hour of the discovery of the occurrence to the Responsible Chaplain. Contractor will reimburse the government for replacement of all locks or rekeying required as a result of keys being duplicated, lost or misplaced by Contractor or while under the responsibility of Contractor. Contractor will be responsible for security of facilities and property made available by the government in conjunction with the performance of this service agreement. Contractor will also employ accountability methods consistent with Chapel Operating Instructions. Contractor must secure the facility as appropriate.

(xxviii) Participate in chapel decorating/un-decorating and other clean-up/work days if they do not conflict with an established youth program.

(xxix) Provide necessary planning and reporting as mandated by local policy/instruction, MAJCOM requirements, and USAF requirements.

(xxx) Advise Responsible Chaplain and/or his representative, normally, the Protestant Community

Coordinator when supplies and materials are needed, place orders in accordance with JB MDL

Chapel Tithes and Offerings Fund OI.

(xxxi) Complete appropriate monthly reports given by the second duty day of each month. All youth activities will be recorded.

(xxxii) Contractor will participate in the planning process for the next year’s schedule, budget, and activities. In consultation with the Protestant chaplain, develop and submit an 12-month annual planning calendar to be reviewed at the annual Protestant Advisory Council planning meeting to include summer events. Plan must be submitted for approval no less than two weeks prior to the anticipated meeting date. Provide planning assistance for any Protestant program with a youth component (e.g. retreats, seminars, etc).

(xxxiii) Assist in the development of annual Chapel Tithes and Offering Fund (CTOF) budgets, as directed by the Responsible Chaplain. Request funds for the purchase of books, materials, equipment, and supplemental services using the CTOF Purchase Request (provided by the chapel).

Prepare funds and facility requests in consult with the Protestant Community Coordinator.

(xxxiv) Identify and prepare annual curriculum order, library, and supply requirements to the

Protestant for approval and maintain an accurate and current inventory of all curriculum and resource materials.

(xxxv) At no time speak in a derogatory or negative manner about any of the chapel staff

The contractor will personally perform the services described in this Performance Work Statement or coordinate performance by a substitute of equal or higher proficiency who has been approved in advance by the Designated or Responsible Chaplain. The Contractor will submit the names and qualifications of proposed subcontractors to the Designated or Responsible Chaplain for approval at least 14 days prior to the proposed absence. Subcontractors must meet the requirements for the position as outlined in this Performance Work

Statement. The Contractor is responsible for payment of any approved subcontractor(s).

Qualifications

The contractor providing youth ministry as Youth Coordinator must have training in Christian Youth

Activities as evidenced by:

a. A minimum of two years involvement in a youth ministry program as a volunteer, contractor, or paid staff member. A Bachelor's Degree in the area of youth ministry, or any other ministry field from an accredited university or any degree from an accredited university with two years of work experience (paid or volunteer) as a Youth Minister, Bible School teacher, Sunday School Superintendent, Director of Religious Education, Christian School teacher or related field is preferred.

(i ) Submit a one paragraph summary for vision, growth and development of the youth program.

b. Demonstrate enthusiasm for youth ministry. Submit two letters of reference demonstrating enthusiasm for youth ministry.

c. Strong preference shall be given to experience in military service chapel youth ministry and religious education.

d. Furnish a resume including academic and work related references. References should be of recent employment (past 3 years).

e. Demonstrate the ability to use computers and associated software common for advertising and marketing the Protestant Youth Program.

f. Appearance and Conduct: Maintain a neat, clean and well-groomed professional appearance and conduct self in business-like manner. Able to work in a religiously pluralistic environment and have willingness to work with people of diverse faith expressions.

Have a willingness to work in the pluralistic environment of the Chaplain Corps. Have an ability to work unsupervised in a fluid and sometimes-stressful environment with staff, and volunteers. Possess an ability to maintain healthy, functional interpersonal relationships with coworkers and customers. Submit one letter of reference to show these attributes.

Contractor will not perform the following tasks:

a) Receptionist duties.

b) Tasking(s) received from anyone other than the Protestant Chaplain or his/her designee.

This includes tasking from other Joint Base Mission Partners not coordinated through the

Protestant Chaplain.

Program Specific Government Furnished Property and Services

a) Requirement for supplies will be submitted in writing to the Protestant Chaplain in accordance with local operating procedures .

b) Government-owned equipment will not be tampered with or moved without permission of the Protestant Chaplain. Equipment moved from a Chapel facility will be signed out with an

AF IMT 1297 by the Chapel NCOIC or facility manager.

c) The government provides office space with desk, chair, visitor's chair, computer, printer, copier access, filing cabinet, bookcase, phone, fax access, scanner access, storage closet in building, expendable office supplies and other items deemed necessary to perform services described in this SOW. Equipment may be shared with other contractors or chapel staff as necessary. The contractor supplies preferred supplies, along with personal transportation.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016

52.204-13 System for Award Management Maintenance OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016

52.204-20 Predecessor of Offeror JUL 2016

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

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017

52.217-5 Evaluation Of Options JUL 1990

52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

MAR 2015

52.223-6 Drug-Free Workplace MAY 2001

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.219-7998 (Dev) Inclusion of Nonprofit Organizations (DEVIATION 2016-

O0010)

OCT 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

5352.223-9001 Health and Safety On Government Installations JUN 2012

CLAUSES 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. The following factors shall be used to evaluate offers:

Lowest Price Technically Acceptable

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

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

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 located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means—

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a https://www.sam.gov/portal judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

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

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance

Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a

State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and http://www.dol.gov/fairpayandsafeworkplaces

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

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

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

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

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

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

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

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment

Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the

FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of

``labor laws''.

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

“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;

http://www.osha.gov/dcsp/osp/approved_state_plans.html

(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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

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

51 percent of its stock is owned by one or more women; or

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

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

United States.

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

Register advising the public of the termination of the injunction.

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

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-

3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

https://www.acquisition.gov/

[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 ORCA.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United

States or its outlying areas. Check all that apply.

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

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

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

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

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

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

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

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

(ii) It [ ___ ] 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.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

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

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

Opportunity clause of this solicitation, the and

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

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

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR

Subparts 60-1 and 60-2), or

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American 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…