HWMS Solicitation.pdf

22D CONTRACTING SQUADRON - FA4621

53147 KANSAS ST STE 102

MCCONNELL AFB KS 67221-3606

316-759-3275 316-759-4507

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$11500000

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

FA4621-08-R-0001 30-Jun-2008

b. TELEPHONE NUMBER

316-759-4519

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 30 Jul 2008

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

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

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

FA4621

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

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

15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JOHN C. PERSON

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

562112

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

TEL: EMAIL:

1 COPIES

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X

X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

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 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

FA4621-08-R-0001

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

Hazardous Waste Management Support Serv

FFP

Services, non-personal: Provide Hazardous Waste Management Support (HWMS) Services as deliniated in the following three sub CLINs. Base Year (1 Oct 08 - 30 Sep 09) FOB: Destination

SIGNAL CODE: A

ESTIMATED

NET AMT

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AA 12 Months 90-day Hazardous Waste Storage Facility

FFP

Services, non-personal: Manage the less than 90-day Hazardous Waste Storage Facility and provide management support to McConnell AFB's Hazardous Waste & Hazardous Materials Program in accordance with the HWMS PWS. Base Year (1 Oct 08 - 30 Sep 09)

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AB 12 Months Environmental Data Mgmt Info Sys Support

FFP

Services, non-personal: Provide a central point of contact for the base's input into the Enterprise Environmental Safety & Occupational Health Management Information System (EESOHMIS) and provide data entry support for the McConnell HW MIS in accordance with the HWMS PWS. Base Year (1 Oct 08 - 30 Sep 09)

UNIT UNIT PRICE ESTIMATED AMOUNT

0001AC 1 Lump Sum

Laboratory Testing Reimbursement

FFP

Services, non-personal: The cost of laboratory testing conducted in accordance with the PWS will be reimbursed at cost. NOTE TO CONTRACTOR: Do not insert pricing here as the government has a not to exceed amount of $33,022.08 for this SLIN. Base Year (1 Oct 08 - 30 Sep 09)

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Hazardous Waste Management Support Serv

FFP

Services, non-personal: Provide Hazardous Waste Management Support (HWMS) Services as deliniated in the following three sub CLINs. 1st Option Year (1 Oct 09

- 30 Sep 10)

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AA 12 Months OPTION 90-day Hazardous Waste Storage Facility

FFP

Services, non-personal: Manage the less than 90-day Hazardous Waste Storage Facility and provide management support to McConnell AFB's Hazardous Waste & Hazardous Materials Program as directed in the HWMS PWS. 1st Option Year (1 Oct 09 - 30 Sep 10)

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AB 12 Months OPTION Environmental Data Mgmt Info Sys Support

FFP

Services, non-personal: Provide a central point of contact for the base's input into the Enterprise Environmental Safety & Occupational Health Management Information System (EESOHMIS) and provide data entry support for the McConnell HW MIS in accordance with the HWMS PWS. 1st Option Year (1 Oct 09 - 30 Sep 10)

UNIT UNIT PRICE ESTIMATED AMOUNT

1001AC 1 Lump

OPTION Laboratory Testing Reimbursement

Services, non-personal: The cost of laboratory testing conducted in accordance with the PWS will be reimbursed at cost. NOTE TO CONTRACTOR: Do not insert pricing here as the government has a not to exceed amount of $33,022.08 for this SLIN. 1st Option Year (1 Oct 09 - 30 Sep 10)

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Hazardous Waste Management Support Serv

FFP

Services, non-personal: Provide Hazardous Waste Management Support (HWMS) Services as deliniated in the following three sub CLINs. 2nd Option Year (1 Oct 10 - 30 Sep 11)

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AA 12 Months OPTION 90-day Hazardous Waste Storage Facility

FFP

Services, non-personal: Manage the less than 90-day Hazardous Waste Storage Facility and provide management support to McConnell AFB's Hazardous Waste & Hazardous Materials Program as directed in the HWMS PWS. 2nd Option Year (1 Oct 10 - 30 Sep 11)

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AB 12 Months OPTION Environmental Data Mgmt Info Sys Support

FFP

Services, non-personal: Provide a central point of contact for the base's input into the Enterprise Environmental Safety & Occupational Health Management Information System (EESOHMIS) and provide data entry support for the McConnell HW MIS in accordance with the HWMS PWS. 2nd Option Year (1 Oct 10 - 30 Sep 11)

UNIT UNIT PRICE ESTIMATED AMOUNT

2001AC 1 Lump

Services, non-personal: The cost of laboratory testing conducted in accordance with the PWS will be reimbursed at cost. NOTE TO CONTRACTOR: Do not insert pricing here as the government has a not to exceed amount of $33,022.08 for this SLIN.2nd Option Year (1 Oct 10 - 30 Sep 11)

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Hazardous Waste Management Support Serv

FFP

Services, non-personal: Provide Hazardous Waste Management Support (HWMS) Services as deliniated in the following three sub CLINs. 3rd Option Year (1 Oct 11 - 30 Sep 12)

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AA 12 Months OPTION 90-day Hazardous Waste Storage Facility

FFP

Services, non-personal: Manage the less than 90-day Hazardous Waste Storage Facility and provide management support to McConnell AFB's Hazardous Waste & Hazardous Materials Program as directed in the HWMS PWS. 3rd Option Year (1 Oct 11 - 30 Sep 12)

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AB 12 Months OPTION Environmental Data Mgmt Info Sys Support

FFP

Services, non-personal: Provide a central point of contact for the base's input into the Enterprise Environmental Safety & Occupational Health Management Information System (EESOHMIS) and provide data entry support for the McConnell HW MIS in accordance with the HWMS PWS. 3rd Option Year (1 Oct 11 - 30 Sep 12)

UNIT UNIT PRICE ESTIMATED AMOUNT

3001AC 1 Lump

Services, non-personal: The cost of laboratory testing conducted in accordance with the PWS will be reimbursed at cost. NOTE TO CONTRACTOR: Do not insert pricing here as the government has a not to exceed amount of $33,022.08 for this SLIN. 3rd Option Year (1 Oct 11 - 30 Sep 12)

UNIT UNIT PRICE ESTIMATED AMOUNT

OPTION Hazardous Waste Management Support Serv

FFP

Services, non-personal: Provide Hazardous Waste Management Support Services as deliniated in the following three sub CLINs. 4th Option Year (1 Oct 12 - 30 Sep 13)

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AA 12 Months OPTION 90-day Hazardous Waste Storage Facility

FFP

Services, non-personal: Manage the less than 90-day Hazardous Waste Storage Facility and provide management support to McConnell AFB's Hazardous Waste & Hazardous Materials Program as directed in the HWMS PWS. 4th Option Year (1 Oct 12 - 30 Sep 13)

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AB 12 Months OPTION Environmental Data Mgmt Info Sys Support

FFP

Services, non-personal: Provide a central point of contact for the base's input into the Enterprise Environmental Safety & Occupational Health Management Information System (EESOHMIS) and provide data entry support for the McConnell HW MIS in accordance with the HWMS PWS. 4th Option Year (1 Oct 12 - 30 Sep 13)

UNIT UNIT PRICE ESTIMATED AMOUNT

4001AC 1 Lump

Services, non-personal: The cost of laboratory testing conducted in accordance with the PWS will be reimbursed at cost. NOTE TO CONTRACTOR: Do not insert pricing here as the government has a not to exceed amount of $33,022.08 for this SLIN. 4th Option Year (1 Oct 12 - 30 Sep 13)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0001AA Destination Government Destination Government 0001AB Destination Government Destination Government 0001AC Destination Government Destination Government 1001 N/A N/A N/A Government 1001AA Destination Government Destination Government 1001AB Destination Government Destination Government 1001AC Destination Government Destination Government 2001 N/A N/A N/A Government 2001AA Destination Government Destination Government 2001AB Destination Government Destination Government 2001AC Destination Government Destination Government 3001 N/A N/A N/A Government 3001AA Destination Government Destination Government 3001AB Destination Government Destination Government 3001AC Destination Government Destination Government 4001 N/A N/A N/A Government 4001AA Destination Government Destination Government 4001AB Destination Government Destination Government 4001AC Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 01-OCT-2008 TO

30-SEP-2009

N/A 22 CES/CEV - F2Z3C1

AL WRIGHT

BLDG 948, ENVIRONMENTAL

MCONNELL AFB KS 67221

316-759-5345

F2Z3C1

0001AA POP 01-OCT-2008 TO

30-SEP-2009

N/A (SAME AS PREVIOUS LOCATION)

0001AB POP 01-OCT-2008 TO

N/A (SAME AS PREVIOUS LOCATION)

0001AC POP 01-OCT-2008 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-OCT-2009 TO

30-SEP-2010

N/A (SAME AS PREVIOUS LOCATION)

1001AA POP 01-OCT-2009 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AB POP 01-OCT-2009 TO

N/A (SAME AS PREVIOUS LOCATION)

1001AC POP 01-OCT-2009 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-OCT-2010 TO

30-SEP-2011

N/A (SAME AS PREVIOUS LOCATION)

2001AA POP 01-OCT-2010 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AB POP 01-OCT-2010 TO

N/A (SAME AS PREVIOUS LOCATION)

2001AC POP 01-OCT-2010 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-OCT-2011 TO

30-SEP-2012

N/A N/A

3001AA POP 01-OCT-2011 TO

N/A 22 CES/CEV - F2Z3C1

AL WRIGHT

BLDG 948, ENVIRONMENTAL

MCONNELL AFB KS 67221

316-759-5345

3001AB POP 01-OCT-2011 TO

N/A (SAME AS PREVIOUS LOCATION)

3001AC POP 01-OCT-2011 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-OCT-2012 TO

30-SEP-2013

N/A (SAME AS PREVIOUS LOCATION)

4001AA POP 01-OCT-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

4001AB POP 01-OCT-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

4001AC POP 01-OCT-2012 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.204-4 Printed or Copied Double-Sided on Recycled Paper AUG 2000 52.204-9 Personal Identity Verification of Contractor Personnel SEP 2007 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

SEP 2006

52.212-1 Instructions to Offerors--Commercial Items APR 2008 52.212-4 Contract Terms and Conditions--Commercial Items FEB 2007 52.219-3 Notice of Total HUBZone Set-Aide JAN 1999 52.219-8 Utilization of Small Business Concerns MAY 2004 52.219-14 Limitations On Subcontracting DEC 1996 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans

Of The Vietnam Era, and Other Eligible Veterans

SEP 2006

52.222-41 Service Contract Act Of 1965 NOV 2007 52.222-43 Fair Labor Standards Act And Service Contract Act - Price

Adjustment (Multiple Year And Option)

NOV 2006

52.222-50 Combating Trafficking in Persons AUG 2007 52.223-5 Pollution Prevention and Right-to-Know Information AUG 2003 52.223-10 Waste Reduction Program AUG 2000 52.225-13 Restrictions on Certain Foreign Purchases FEB 2006 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--Central Contractor

Registration

OCT 2003

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.245-1 Alt I Government Property (Jun 2007) Alternate I JUN 2007 52.245-9 Use And Charges JUN 2007 52.253-1 Computer Generated Forms JAN 1991 252.204-7000 Disclosure Of Information DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

OCT 2006

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials

APR 1993

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

MAR 2008

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment MAR 1998 252.247-7023 Transportation of Supplies by Sea MAY 2002

CLAUSES INCORPORATED BY FULL TEXT

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(1) PAST PERFORMANCE

(2) PRICE

Past performance is significantly more important than Price when being evaluated.

(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.

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

BASIS FOR CONTRACT AWARD: This is a competitive selection in which competing offerors and past performance history will be evaluated on a basis significantly more important than price. By submission of its offer in accordance with the instructions provided in clause 52.212-1, Instructions to Offerors, the offeror accedes to the terms of this model contract and all such offers shall be treated equally except for their prices and past performance records. The evaluation process shall proceed as follows:

A. Initially offers shall be ranked according to price, including any option prices. An offeror’s proposed prices will be determined by multiplying the quantities identified in the Pricing Schedule by the proposed unit price for each Contract Line Item Number (CLIN) to confirm the extended amount for each. The offerors will be evaluated for completeness and reasonableness of the proposed evaluated price.

B. Using questionnaires, the contracting officer shall seek relevant past performance information based on the references provided by the offeror and data independently obtained from other government and commercial sources. Relevant past performance includes efforts involving the performance of the services described in the PWS that are similar or greater in scope, magnitude and complexity than the effort described in this solicitation. The government reserves the right to seek information on higher priced offerors if none of the lower priced offerors receive a “Substantial Confidence” past performance assessment rating.

C. The purpose of the past performance evaluation is to allow the Government to assess the offeror’s ability to perform the effort described in this solicitation based on the offeror’s demonstrated present and past performance. The assessment process will result in an overall past performance confidence assessment rating of Substantial Confidence, Satisfactory Confidence, Limited Confidence, or No Confidence, as defined herein. Past performance regarding predecessor companies, key personnel who have relevant experience, or sub-contractors that will perform major or critical aspects of the requirement will not be considered as highly as past performance information for the principal offeror. When no performance record is identifiable or the offeror’s performance record is so sparse that no conficence assessment rating can be reasonably assigned, the rating will be “Unknown Confidence”, meaning the rating is treated neither favorably nor unfavorably.

D. Performance Confidence Assessment Rating: Past performance will be used as a measure of the Government’s confidence in the offeror’s ability to successfully perform based on previous and current contracts and support agreements. Past performance information may be obtained through the Past Past performance Information Retrieval System (PPIRS), questionnaires provided by the offeror (see Part 2 of Addendum to 52.212-1 – Instructions to Offerors), through Defense Contract Management Command channels, through interviews with program managers and contracting officers, or other sources known to the Government. Data from previous source selections or contractor capability assessments will be used if the data is recent and relevant. A confidence assessment rating will be assigned to each offeror as follows:

Substantial Confidence - Based on the offeror’s performance record, the government has a high expectation that the offeror will successfully perform the required effort.

Satisfactory Confidence – Based on the offeror’s performance record, the government has an expectation that offeror will successfully perform the required effort.

Limited Confidence – Based on the offeror’s performance record, the government has a low expectation that offeror will successfully perform the required effort.

No Confidence – Based on the offeror’s performance record, the government has no expectation that offeror will be able to successfully perform the required effort.

Unknown Confidence - No performance record is identifiable or the offeror’s performance record is so sparse that no confidence assessment rating can be reasonably assigned.

E. Performance Evaluation - Relevancy Ratings

To assist the Government’s evaluation, each offeror’s supporting past performance will be evaluated for relevancy as follows:

Very Relevant – Past performance effort involved essentially the same magnitude of effort and complexities this solicitation requires.

Relevant – Past performance effort involved much of the magnitude of effort and complexities this solicitation requires.

Somewhat Relevant – Past performance contractual effort involved some of the magnitude of effort and complexities than this solicitation requires.

Not Relevant - Past performance effort did not involve any of the magnitude of effort and complexities this solicitation requires.

F. In evaluating past performance, the Government reserves the right to give greater consideration to information on those contracts deemed most relevant to the effort described in this solicitation.

G. If the lowest priced evaluated offer is judged to have a “Substantial Confidence” performance rating, that offer represents the best value for the Government and the evaluation process stops at this point. Award shall be made to that offeror without further consideration of any other offers.

H. If the lowest priced offeror is not judged to have a “Substantial Confidence” performance assessment, the next lowest priced offeror will be evaluated and the process will continue (in order by price) until an offeror is judged to have a “Substantial Confidence” performance assessment or until all offerors are evaluated. The Source Selection Authority shall then make an integrated assessment best value award decision.

I. The Government reserves the right to award a contract to the other than lowest priced offer if that offeror is judged to have a past performance risk rating of “Satisfactory Confidence” or lower. In that event, the contracting officer shall make an integrated assessment best value award decision.

J. Offerors are cautioned to submit sufficient information and in the format specified in FAR 52.212-1, Instruction to Offerors – Commercial Item. Offeror’s may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the offeror has not previously had an opportunity to respond. Communication conducted to resolve minor or clerical errors will not constitute discussions and the contracting officer reserves the right to award a contract without the opportunity for proposal revision.

K. The Government reserves the right to award a contract without discussions with respective offerors.

The Government, however, reserves the right to conduct discussions if deemed in their best interest.

(End of clause)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2008)

ALTERNATE I (APR 2002)

An offeror shall complete only paragraph (k) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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.

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

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.

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 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 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.

(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)

(1) All offerors must submit the information required in paragraphs (b)(3) through (b)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).

(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(3) Taxpayer Identification Number (TIN).

___ TIN:---------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(4) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(5) Common parent.

___ Offeror is not owned or controlled by a common parent;

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

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

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

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

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

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

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) 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.

(7) 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:

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(9) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

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

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

(B) It ( ) has, ( )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ____________.)

(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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126; and

(ii) It ( ) is, ( ) is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. (The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.) Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) of this provision.)

(The offeror shall check the category in which its ownership falls):

____Black American.

____Hispanic American.

____Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____Individual/concern, other than one of the preceding.

(d) 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 $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--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 the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American Act--Supplies.''

(2) Foreign End Products:

Line Item No.:--------------------------------------------------------- Country of Origin:-----------------------------------------------------

(List as necessary)

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

(g)

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

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian or Moroccan end product,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--Free Trade Agreements--Israeli Trade Act.”

(ii) ) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian or Moroccan end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

Line Item No.

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

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

(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

Line Item No.: Country of Origin:

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

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

(2) ( ) Have, ( ) have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and

(3) ( ) Are, ( ) are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

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

(i) Taxes are considered delinquent if both of the following criteria apply:

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product

Listed Countries of Origin

(2) Certification. (If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.)

( ) (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

( ) (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.