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SEE ADDENDUM
(No Collect Calls)
FA4621-17-R-0001 28-Oct-2016
b. TELEPHONE NUMBER
316-759-4534
8. OFFER DUE DATE/LOCAL TIME
04:00 PM 29 Nov 2016
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.
FA46219. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
DEREK OWEN
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
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 BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
22D CONTRACTING SQUADRON - FA4621
53384 KANSAS ST STE 121
MCCONNELL AFB KS 67221-3702
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 F2Z3C3 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
22 CES/CEOHS - F2Z3C3
JACQUELINE MYLES
53000 HUTCHINSON STREET
MCCONNELL AFB KS 67221
TEL: 316-759-5714 FAX:
316-759-4507FAX:
TEL: 316-759-3275
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
X 8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$18,000,000
NAICS:
561720
X
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 OF52
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.
FA4621-17-R-0001
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Custodial Services
FFP
INFORMATIONAL CLIN - DO NOT INSERT PRICING
Services, Non-Personal: Contractor shall furnish all supervision, personnel, equipment, facilities, supplies, services, materials, tools, transportation, and any other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the
Performance Work Statement and the Price List attached. Base Year Period of
Performance (1 February 2017-30 September 2017).
FOB: Destination
NET AMT
ITEM NO SUPPLIES/SERVICES ESTIMATED
QUANTITY
UNIT UNIT PRICE ESTIMATED AMOUNT
0001AA Lot Custodial Services - O&M
FFP
Custodial Services, Operational and Maintenance (O&M), Non-Personal:
Contractor shall furnish all supervision, personnel, equipment, facilities, supplies, services, materials, tools, transportation, and any other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the Performance Work Statement and the Price List attached. Base Year Period of Performance (1 February 2017-30
Sep 2017).
SIGNAL CODE: A
ESTIMATED
UNIT UNIT PRICE ESTIMATED AMOUNT
0001AB Lot Custodial Services - On Demand Cleaning
FFP
Custodial Services, On Demand Carpet Shampooing, Buffing, and Floor
Maintenance/Stripping, Non-Personal: Contractor shall furnish all supervision, personnel, equipment, facilities, supplies, services, materials, tools, transportation, and any other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the Performance Work Statement and the Price List attached. Base Year
Period of Performance (1 February 2017 - 30 Sep 2017).
OPTION Custodial Services other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the
Performance Work Statement and the Price List attached. Base Year Period of
Performance (1 October 2017-30 September 2018)..
UNIT UNIT PRICE ESTIMATED AMOUNT
1001AA Lot OPTION Custodial Services - O&M
FFP
Custodial Services, Operational and Maintenance (O&M), Non-Personal:
Contractor shall furnish all supervision, personnel, equipment, facilities, supplies, services, materials, tools, transportation, and any other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the Performance Work Statement and the Price List attached. Base Year Period of Performance (1 October 2017-30
September 2018).
UNIT UNIT PRICE ESTIMATED AMOUNT
1001AB Lot OPTION Custodial Services - On Demand Cleaning
FFP
Custodial Services, On Demand Carpet Shampooing, Buffing, and Floor
Maintenance/Stripping, Non-Personal: Contractor shall furnish all supervision, personnel, equipment, facilities, supplies, services, materials, tools, transportation, and any other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the Performance Work Statement and the Price List attached. Base Year
Period of Performance (1 October 2017-30 September 2018).
OPTION Custodial Services other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the
Performance Work Statement and the Price List attached. Base Year Period of
Performance (1 October 2018-30 September 2019).
UNIT UNIT PRICE ESTIMATED AMOUNT
2001AA Lot OPTION Custodial Services - O&M
FFP
Custodial Services, Operational and Maintenance (O&M), Non-Personal:
Contractor shall furnish all supervision, personnel, equipment, facilities, supplies, services, materials, tools, transportation, and any other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the Performance Work Statement and the Price List attached. Base Year Period of Performance (1 October 2018-30
Sep 2019).
UNIT UNIT PRICE ESTIMATED AMOUNT
2001AB Lot OPTION Custodial Services - On Demand Cleaning
FFP
Custodial Services, On Demand Carpet Shampooing, Buffing, and Floor
Maintenance/Stripping, Non-Personal: Contractor shall furnish all supervision, personnel, equipment, facilities, supplies, services, materials, tools, transportation, and any other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the Performance Work Statement and the Price List attached. Base Year
Period of Performance (1 October 2018 - 30 September 2019).
OPTION Custodial Services other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the
Performance Work Statement and the Price List attached. Base Year Period of
Performance (1 October 2019-30 September 2020).
UNIT UNIT PRICE ESTIMATED AMOUNT
3001AA Lot OPTION Custodial Services - O&M
FFP
Custodial Services, Operational and Maintenance (O&M), Non-Personal:
Contractor shall furnish all supervision, personnel, equipment, facilities, supplies, services, materials, tools, transportation, and any other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the Performance Work Statement and the Price List attached. Base Year Period of Performance (1 October 2019-30
September 2020).
UNIT UNIT PRICE ESTIMATED AMOUNT
3001AB Lot OPTION Custodial Services - On Demand Cleaning
FFP
Custodial Services, On Demand Carpet Shampooing, Buffing, and Floor
Maintenance/Stripping, Non-Personal: Contractor shall furnish all supervision, personnel, equipment, facilities, supplies, services, materials, tools, transportation, and any other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the Performance Work Statement and the Price List attached. Base Year
Period of Performance (1 October 2019 - 30 September 2020).
OPTION Custodial Services other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the
Performance Work Statement and the Price List attached. Base Year Period of
Performance (1 October 2020-30 September 2021).
UNIT UNIT PRICE ESTIMATED AMOUNT
4001AA Lot OPTION Custodial Services - O&M
FFP
Custodial Services, Operational and Maintenance (O&M), Non-Personal:
Contractor shall furnish all supervision, personnel, equipment, facilities, supplies, services, materials, tools, transportation, and any other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the Performance Work Statement and the Price List attached. Base Year Period of Performance (1 October 2020-30
September 2021).
UNIT UNIT PRICE ESTIMATED AMOUNT
4001AB Lot OPTION Custodial Services - On Demand Cleaning
FFP
Custodial Services, On Demand Carpet Shampooing, Buffing, and Floor
Maintenance/Stripping, Non-Personal: Contractor shall furnish all supervision, personnel, equipment, facilities, supplies, services, materials, tools, transportation, and any other incidentals necessary, except as specified herein as Government furnished, for Custodial Services. All work to be performed shall be in accordance with the Performance Work Statement and the Price List attached. Base Year
Period of Performance (1 October 2020 - 30 September 2021).
SBA SET-ASIDE AUTHORITY
Authority for SBA 8(a) competitive set-aside: 10 U.S.C. 2304(c)(5)
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
0001AA Destination Government Destination Government
0001AB Destination Government Destination Government
1001 Destination Government Destination Government
1001AA Destination Government Destination Government
1001AB Destination Government Destination Government
2001 Destination Government Destination Government
2001AA Destination Government Destination Government
2001AB Destination Government Destination Government
3001 Destination Government Destination Government
3001AA Destination Government Destination Government
3001AB Destination Government Destination Government
4001 Destination Government Destination Government
4001AA Destination Government Destination Government
4001AB Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 01-FEB-2017 TO
30-SEP-2017
N/A 22 CES/CEOHS - F2Z3C3
JACQUELINE MYLES
53000 HUTCHINSON STREET
MCCONNELL AFB KS 67221
316-759-5714
F2Z3C3
0001AA POP 01-FEB-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0001AB POP 01-FEB-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-OCT-2017 TO
30-SEP-2018
N/A (SAME AS PREVIOUS LOCATION)
1001AA POP 01-OCT-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
1001AB POP 01-OCT-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-OCT-2018 TO
30-SEP-2019
N/A (SAME AS PREVIOUS LOCATION)
2001AA POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
2001AB POP 01-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-OCT-2019 TO
30-SEP-2020
N/A (SAME AS PREVIOUS LOCATION)
3001AA POP 01-OCT-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
3001AB POP 01-OCT-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-OCT-2020 TO
30-SEP-2021
N/A (SAME AS PREVIOUS LOCATION)
4001AA POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
4001AB POP 01-OCT-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
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 Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2015
52.204-16 Commercial and Government Entity Code Reporting JUL 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
OCT 2015
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.212-1 Instructions to Offerors--Commercial Items OCT 2015
52.212-2 Evaluation - Commercial Items OCT 2014
52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015
52.219-8 Utilization of Small Business Concerns OCT 2014
52.219-14 Limitations On Subcontracting NOV 2011
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013
52.222-3 Convict Labor JUN 2003
52.222-17 Nondisplacement of Qualified Workers MAY 2014
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity APR 2015
52.222-35 Equal Opportunity for Veterans OCT 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards MAY 2014
52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option
Contracts)
MAY 2014
52.222-50 Combating Trafficking in Persons MAR 2015
52.222-54 Employment Eligibility Verification OCT 2015
52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015
52.223-1 Biobased Product Certification MAY 2012
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997
52.223-4 Recovered Material Certification MAY 2008
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May
2011) Alternate I
MAY 2011
52.223-10 Waste Reduction Program MAY 2011
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.223-19 Compliance with Environmental Management Systems MAY 2011
52.224-1 Privacy Act Notification APR 1984
52.224-2 Privacy Act APR 1984
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
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--System for Award
Management
JUL 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
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
52.253-1 Computer Generated Forms JAN 1991
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information AUG 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
DEC 2015
252.204-7011 Alternative Line Item Structure SEP 2011
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting.
DEC 2015
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
OCT 2015
252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015
252.223-7001 Hazard Warning Labels DEC 1991
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7001 Buy American And Balance Of Payments Program-- Basic
(Aug 2016)
AUG 2016
252.225-7012 Preference For Certain Domestic Commodities AUG 2016
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
252.225-7050 Disclosure of Ownership or Control by the Government of a
Country that is a State Sponsor of Terrorism
OCT 2015
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
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.247-7023 Transportation of Supplies by Sea APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
(a) Definitions. As used in this provision--
Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian
Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a
Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means--
(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than
$10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the
Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in--
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
(End of provision)
52.212-2 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:
(1) Technical
(2) Past Performance
(3) Price
Past performance and technical when combined 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 (OCT 2014) ADDENDUM
BASIS FOR CONTRACT AWARD: This is a competitive selection in which competing offeror’s present and past performance history, & technical 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, technical proposal, and performance records. The evaluation process shall proceed as follows:
A. Initially, the government technical evaluation team shall evaluate the technical proposals on a pass/fail basis, assigning ratings of Acceptable or Unacceptable. The proposals shall be evaluated against the following:
Mission-Essential Contractor Services Plan https://www.acquisition.gov/
Description: The Mission-Essential Contractor Services Plan must meet the requirements established in
DFARS Provision 252.237-7024, Notice of Continuation of Essential Contractor Services.
Measure of Merit: This requirement is met when the offeror’s proposal contains a Mission-Essential
Contractor Services Plan that meets the requirements established in DFARS Provision 252.237-7024.
B. Next, 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 Sub Contract Line Item Number (SubCLIN) to confirm the extended amount for each. The offerors will be evaluated for balance, completeness, and reasonableness of the proposed evaluated price.
C. 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.
D. 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, No Confidence, or Neutral 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 recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned, the rating will be “Neutral Confidence”, meaning the rating is evaluated neither favorably nor unfavorably.
E. 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 3 of Addendum to 52.212-1 – Instructions to Offerors), through Defense Contract Management Agency 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 recent/relevant performance record, the Government has a high expectation that the offeror will successfully perform the required effort.
Satisfactory Confidence – Based on the offeror’s recent/relevant performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort.
TABLE 1 - TECHNICAL RATINGS
Rating Description
Acceptable Proposal clearly meets the minimum requirements of the solicitation.
Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.
Limited Confidence – Based on the offeror’s recent/relevant performance record, the government has a low expectation that the offeror will successfully perform the required effort.
No Confidence – Based on the offeror’s recent/relevant performance record, the government has no expectation that the offeror will be able to successfully perform the required effort.
Neutral Confidence – No recent/relevant performance record is available or the offeror’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned. The offeror may not be evaluated favorably or unfavorably on the factor of past performance.
F. 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 – Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.
Relevant – Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.
Somewhat Relevant – Present/past performance contractual effort involved some of the scope and magnitude of effort and complexities than this solicitation requires.
Not Relevant – Present/past performance effort involved little or none any of the scope and magnitude of effort and complexities this solicitation requires.
G. Past Performance Evaluation – Recency:
Only past performance occuring or ending within the last (5) five years of offer/proposal due date will be considered for recency. Any past performance occuring more than five years from offer/proposal due date shall be considered Not Recent.
H. 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.
I. If the lowest priced technically acceptable evaluated offer is judged to have a “Substantial Confidence” performance rating and the offeror is determined to be responsible, 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.
J. If the lowest priced technically acceptable offeror is not judged to have a “Substantial Confidence” performance assessment, the next lowest priced technically acceptable 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.
K. The Government reserves the right to award a contract to the other than lowest priced technically acceptable 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.
L. Offerors are cautioned to submit sufficient information and in the format specified in FAR 52.212-1, Instruction to Offerors – Commercial Item to permit a meaningful arrangement of past performance. 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.
M. 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 (JULY 2016)
ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (q) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except— http://www.acquisition.gov/
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least
51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the
United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.
(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 representation 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 ___ . [Offeror to identify the applicable paragraphs at (c) through (q) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on
SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the
United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
https://www.acquisition.gov/
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB
Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each
WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the
List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana
Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri
Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts
60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract.
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